0001104659-06-065472 Sample Contracts

AMENDED AND RESTATED CREDIT AGREEMENT DATED AS OF OCTOBER 5, 2006 By and Among RM RESTAURANT HOLDING CORP., as Holdings REAL MEX RESTAURANTS, INC., as Company, THE LENDERS PARTY HERETO FROM TIME TO TIME, as Lenders, AND CREDIT SUISSE, as...

Credit Agreement • October 6th, 2006 • Real Mex Restaurants, Inc. • Retail-eating & drinking places • New York

• Contract Type
  Credit Agreement
• Filed
  October 6th, 2006
• Company
  Real Mex Restaurants, Inc.
• Industry
  Retail-eating & drinking places
• Jurisdiction
  New York

This AMENDED AND RESTATED CREDIT AGREEMENT is dated as of October 5, 2006 and entered into by and among RM RESTAURANT HOLDING CORP., a Delaware corporation (“Holdings”), REAL MEX RESTAURANTS, INC., a Delaware corporation (the “Company”), THE BANKS, FINANCIAL INSTITUTIONS AND OTHER ENTITIES PARTY HERETO FROM TIME TO TIME AS LENDERS and CREDIT SUISSE (“CS”), as administrative agent for the Lenders (and in such capacity and together with its successors, the “Administrative Agent”), and as sole bookrunner and lead arranger (in such capacity, the “Lead Arranger”).

FOURTH AMENDMENT TO CREDIT AGREEMENT AND AMENDMENT TO LOAN DOCUMENTS

Credit Agreement • October 6th, 2006 • Real Mex Restaurants, Inc. • Retail-eating & drinking places

• Contract Type
  Credit Agreement
• Filed
  October 6th, 2006
• Company
  Real Mex Restaurants, Inc.
• Industry
  Retail-eating & drinking places

This FOURTH AMENDMENT, dated as of October 5, 2006 (this “Fourth Amendment”), amends that certain AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT, dated as of March 31, 2004 (as amended, modified or supplemented from time to time, the “Credit Agreement”), by and among (i) REAL MEX RESTAURANTS, INC., formerly known as Acapulco Acquisition Corp., a Delaware corporation (“Real Mex”), (ii) ACAPULCO RESTAURANTS, INC., a Delaware corporation and successor by merger to Acapulco Restaurants of Encinitas, Inc. (“ARI”), (iii) EL TORITO FRANCHISING COMPANY, a Delaware corporation (“ETFI”), (iv) EL TORITO RESTAURANTS, INC., a Delaware corporation (“ETRI”), (v) TARV, INC., a California corporation (“TARV”), (vi) ACAPULCO RESTAURANT OF VENTURA, INC., a California corporation (“ARV”), (vii) ACAPULCO RESTAURANT OF WESTWOOD, INC., a California corporation (“ARW”), (viii) ACAPULCO MARK CORP., a Delaware corporation (“AMC”), (ix) MURRAY PACIFIC, a California corporation (“MP”), (x) ALA DESIGN, INC., a Ca