SECOND AMENDMENT TO NOTE PURCHASE AGREEMENT AND CONSENTNote Purchase Agreement and Consent • April 28th, 2008 • Max & Ermas Restaurants Inc • Retail-eating places • New York
This SECOND AMENDMENT TO NOTE PURCHASE AGREEMENT AND CONSENT (this “Amendment and Consent”) is entered into as of April 28, 2008, by and between Max & Erma’s Restaurants, Inc., a Delaware corporation (the “Borrower”), and FriedbergMilstein Private Capital Fund I (the “Purchaser”).
WAIVER AND CONSENTWaiver and Consent • April 28th, 2008 • Max & Ermas Restaurants Inc • Retail-eating places
This Waiver and Consent is made this 28th day of April 2008, between Max & Erma’s Restaurants, Inc., a Delaware corporation (the “Borrower”) and National City Bank, a national banking association, in its capacity as agent under the Credit Agreement (as defined below) and as the sole lender under the Credit Agreement (National City Bank, in each such capacity, the “Lender”).
WAIVER AND CONSENTWaiver and Consent • April 28th, 2008 • Max & Ermas Restaurants Inc • Retail-eating places
This Waiver and Consent is made this 28th day of April 2008, between Max & Erma’s Restaurants, Inc., a Delaware corporation (the “Borrower”), and Donal H. Malenick (the “Noteholder”).
