DIRECTOR DESIGNATION AGREEMENTDirector Designation Agreement • November 1st, 2023 • Banyan Acquisition Corp • Retail-eating & drinking places • Delaware
This DIRECTOR DESIGNATION AGREEMENT (as the same may be amended from time to time in accordance with its terms, the “Agreement”) is entered into as of [●], 2023 (the “Effective Date”), by and among Pinstripes Holdings, Inc., a Delaware corporation (the “Issuer”) and the Key Individual (as hereinafter defined).
CONTINUING GUARANTY AGREEMENTContinuing Guaranty Agreement • November 1st, 2023 • Banyan Acquisition Corp • Retail-eating & drinking places • New York
THIS CONTINUING GUARANTY AGREEMENT (this “Guaranty”) is made this 7th day of March, 2023, by each of the Persons listed on the signature pages hereto (each a “Guarantor” and, together with any other entity that becomes a guarantor hereunder, collectively, the “Guarantors”), in favor of SILVERVIEW CREDIT PARTNERS LP, a Delaware limited partnership, as Agent for the Lenders (in such capacity, the “Agent”).
TERM LOAN AND SECURITY AGREEMENT GCCP II AGENT, LLC (AS AGENT) WITH PINSTRIPES, INC. (AS A BORROWER) April 19, 2023Loan and Security Agreement • November 1st, 2023 • Banyan Acquisition Corp • Retail-eating & drinking places • Illinois
Loan and Security Agreement dated as of April 19, 2023, among PINSTRIPES, INC., a corporation organized under the laws of Delaware ("Borrower"), the financial institutions which are now or which hereafter become a party hereto (collectively, the "Lenders" and each individually a "Lender") and GCCP II AGENT, LLC, an Illinois limited liability company (in its individual capacity, "GCCP Agent"), as agent for Lenders (GCCP Agent, in such capacity, the "Agent").
THIRD AMENDMENT TO LOAN AGREEMENT AND LIMITED CONSENTLoan Agreement and Limited Consent • November 1st, 2023 • Banyan Acquisition Corp • Retail-eating & drinking places • New York
THIS THIRD AMENDMENT TO LOAN AGREEMENT AND LIMITED CONSENT (this “Amendment”) is made and entered into as of August 9, 2023, among Silverview Credit Partners LP, a Delaware limited partnership (“Agent”), the Lenders party hereto (the “Lenders”), Pinstripes, Inc., a Delaware corporation (the “Borrower”), and the Guarantors party hereto.
LOAN AGREEMENT BY AND AMONG PINSTRIPES, INC., as Borrower SILVERVIEW CREDIT PARTNERS LP, as Agent for the Lenders and THE LENDERS PARTY HERETOLoan Agreement • November 1st, 2023 • Banyan Acquisition Corp • Retail-eating & drinking places • New York
THIS LOAN AGREEMENT (together with all schedules and exhibits hereto from time to time, and as amended, restated, amended and restated, supplemented or otherwise modified from time to time after the date hereof, this “Agreement”) is entered into this 7th day of March, 2023, among PINSTRIPES, INC., a Delaware corporation, as borrower (the “Borrower”), SILVERVIEW CREDIT PARTNERS LP, a Delaware limited partnership, as Agent for the Lenders (in such capacity, and together with any successor agent, the “Agent”) and the financial institutions and other institutional investors from time to time party hereto as lenders (the “Lenders”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Terms Schedule or the Definitions Schedule annexed hereto, as applicable. All schedules and exhibits annexed hereto, as well as the Perfection Certificate, are incorporated herein and made a part hereof.
SECOND AMENDMENT TO LOAN AGREEMENT AND LIMITED CONSENTLoan Agreement and Limited Consent • November 1st, 2023 • Banyan Acquisition Corp • Retail-eating & drinking places • New York
THIS SECOND AMENDMENT TO LOAN AGREEMENT AND LIMITED CONSENT (this “Amendment”) is made and entered into as of July 27, 2023, among Silverview Credit Partners LP, a Delaware limited partnership (“Agent”), the Lenders party hereto (the “Lenders”), Pinstripes, Inc., a Delaware corporation (the “Borrower”), and the Guarantors party hereto.
AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 1st, 2023 • Banyan Acquisition Corp • Retail-eating & drinking places
This AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT (this "Amendment") is entered into as of July 27, 2023, by and among PINSTRIPES, INC., a corporation organized under the laws of Delaware ("Borrower"), the financial institutions party hereto (collectively, the "Lenders" and each individually a "Lender") and GCCP II AGENT, LLC, an Illinois limited liability company (in its individual capacity, "GCCP Agent"), as agent for Lenders (GCCP Agent, in such capacity, the "Agent").
PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • November 1st, 2023 • Banyan Acquisition Corp • Retail-eating & drinking places • New York
THIS PLEDGE AND SECURITY AGREEMENT (this “Security Agreement”) is entered into as of March 7, 2023, among Pinstripes, Inc., a Delaware corporation (the “Borrower”), each Subsidiary of the Borrower listed on the signature pages hereto and each Subsidiary of the Borrower that, after the date hereof, executes a supplement hereto (such Subsidiaries, together with the Borrower, each a “Grantor” and, collectively, the “Grantors”), and Silverview Credit Partners LP, in its capacity as agent (together with any successor agent and any Supplemental Collateral Agent, collectively and individually, the “Agent”) for the Lenders (as defined in the Loan Agreement referred to below).
VENDOR AGREEMENTVendor Agreement • November 1st, 2023 • Banyan Acquisition Corp • Retail-eating & drinking places
This Vendor Agreement (this "Agreement") is entered into by and among GCCP II AGENT, LLC, an Illinois limited liability company, as administrative agent for certain lenders (the "Agent"), whose address is 222 West Adams, Suite 3125, Chicago, Illinois 60606, C. Rae Interiors, Ltd. ("Vendor"), whose address is 23424 Commerce Park Road, Beachwood, Ohio 44122, and PINSTRIPES, INC. ("Borrower"), as of the day of April 19, 2023.
MASTER SERVICES AGREEMENTMaster Services Agreement • November 1st, 2023 • Banyan Acquisition Corp • Retail-eating & drinking places
This Master Services Agreement (this “Agreement”), dated as of January 1, 2023 (the “Effective Date”) is between Sysco Chicago Inc. (“Lead Company”) for itself and, if applicable, on behalf of those operating subsidiaries and affiliates (if any) (collectively, with Lead Company, “Operating Companies” and individually, an “Operating Company”) of Sysco Corporation (“Parent”), and Pinstripes, Inc. (“Customer”).
FIRST AMENDMENT TO LOAN AGREEMENT AND FIRST AMENDMENT TO PLEDGE AND SECURITY AGREEMENTLoan Agreement • November 1st, 2023 • Banyan Acquisition Corp • Retail-eating & drinking places • New York
THIS LOAN AGREEMENT (together with all schedules and exhibits hereto from time to time, and as amended, restated, amended and restated, supplemented or otherwise modified from time to time after the date hereof, this “Agreement”) is entered into this 7th day of March, 2023, (as amended by the First Amendment), among PINSTRIPES, INC., a Delaware corporation, as borrower (the “Borrower”), SILVERVIEW CREDIT PARTNERS LP, a Delaware limited partnership, as Agent for the Lenders (in such capacity, and together with any successor agent, the “Agent”) and the financial institutions and other institutional investors from time to time party hereto as lenders (the “Lenders”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Terms Schedule or the Definitions Schedule annexed hereto, as applicable. All schedules and exhibits annexed hereto, as well as the Perfection Certificate, are incorporated herein and made a part hereof.
