Third Supplemental IndentureThird Supplemental Indenture • November 6th, 2003 • American Restaurant Group Inc • Retail-eating places • New York
This THIRD SUPPLEMENTAL INDENTURE, dated as of October 31, 2003 (the “Third Supplemental Indenture”), is made and entered into by and between American Restaurant Group, Inc., a Delaware corporation (the “Company”), the Guarantors signatory hereto, The Bank of New York (as successor in interest to U.S. Trust Company, National Association, as trustee (the “Trustee”) under an Indenture, dated as of February 25, 1998, between the Company, the Guarantors named therein, and the Trustee, as amended by the First Supplemental Indenture, dated as of June 26, 2000, and by the Second Supplemental Indenture, dated as of October 31, 2001 (the “Indenture”). All capitalized terms used in this Third Supplemental Indenture that are defined in the Indenture, either directly or by reference therein, have the respective meanings assigned to them therein, except to the extent such terms are otherwise defined in this Third Supplemental Indenture or the context clearly requires otherwise.
Intercreditor Agreement and Collateral Agency Agreement dated as of December 31, 2001Intercreditor Agreement • November 6th, 2003 • American Restaurant Group Inc • Retail-eating places
Each of the undersigned intends to enter into that certain Loan Agreement, dated as of October 31, 2003 (the “Loan Agreement”), with American Restaurant Group, Inc. (“ARG”), ARG Enterprises, Inc., and ARG Property Management Corporation (collectively, the “Borrowers”). The Loan Agreement provides that the obligations thereunder are to be secured by the collateral subject to the lien you hold as collateral agent, pursuant to the Second Amended and Restated Intercreditor and Collateral Agency Agreement, dated as of December 17, 2001 (the “Intercreditor Agreement”), by and among (i) yourself, as collateral agent, (ii) Wells Fargo Foothill, Inc. (formerly known as Foothill Capital Corporation), as Agent, and (iii) BNY Western Trust Company, as trustee under that certain Indenture dated as of February 25, 1998, as amended by that certain First Supplemental Indenture dated as of June 26, 2000, that certain Second Supplemental Indenture dated as of October 31, 2001, and that certain Third Sup
Amendment No. 4 to Loan AgreementLoan Agreement • November 6th, 2003 • American Restaurant Group Inc • Retail-eating places • California
This AMENDMENT NO. 4 TO LOAN AGREEMENT, effective as of October 31, 2003 (this “Amendment”) upon the satisfaction of the conditions set forth herein, is hereby entered into among WELLS FARGO FOOTHILL, INC., a California corporation formerly known as FOOTHILL CAPITAL CORPORATION (“Lender”), and American Restaurant Group, Inc., a Delaware corporation (“ARG”), ARG Enterprises, Inc., a California corporation (“Enterprises”), ARG Property Management Corporation, a California corporation (“Property Management”), and ARG Terra, Inc., a Delaware corporation (“Terra”; ARG, Enterprises, Property Management, and Terra are collectively referred to as “Borrowers” and individually as a “Borrower”).
Loan AgreementLoan Agreement • November 6th, 2003 • American Restaurant Group Inc • Retail-eating places • California
THIS LOAN AGREEMENT (this “Agreement”), is entered into as of October 31, 2003 between, TCW Shared Opportunity Fund III, L.P. (the “Lenders”) and American Restaurant Group, Inc., a Delaware corporation (“ARG”), ARG Enterprises, Inc., a California corporation (“Enterprises”), ARG Property Management Corporation, a California corporation (“Property Management”), and ARG Terra, Inc., a California corporation (“ARG Terra”); ARG, Enterprises, and Property Management are collectively referred to as “Borrowers” and individually as a “Borrower;” the Borrowers and ARG Terra are collectively referred to as the “Credit Parties”).
