CREDIT AGREEMENT Dated as of March 15, 2007 among BENIHANA INC. as Borrower, and CERTAIN SUBSIDIARIES OF THE BORROWER FROM TIME TO TIME PARTY HERETO, as Guarantors, THE SEVERAL LENDERS FROM TIME TO TIME PARTY HERETO and WACHOVIA BANK, NATIONAL...Credit Agreement • March 16th, 2007 • Benihana Inc • Retail-eating places • North Carolina
THIS CREDIT AGREEMENT, dated as of March 15, 2007 (as amended, modified, restated or supplemented from time to time, the “Credit Agreement”), is by and among BENIHANA INC., a Delaware corporation (the “Borrower”), the Guarantors (as defined herein), the Lenders (as defined herein) and WACHOVIA BANK, NATIONAL ASSOCIATION, as Agent for the Lenders (in such capacity, the “Agent”).
SECURITY AGREEMENTSecurity Agreement • March 16th, 2007 • Benihana Inc • Retail-eating places • North Carolina
THIS SECURITY AGREEMENT (this “Security Agreement”) is entered into as of March 15, 2007 among BENIHANA INC., a Delaware corporation (the “Borrower”), certain Subsidiaries of the Borrower (individually a “Guarantor” and collectively the “Guarantors”; together with the Borrower, individually an “Obligor”, and collectively the “Obligors”) and WACHOVIA BANK, NATIONAL ASSOCIATION (F/K/A FIRST UNION NATIONAL BANK), in its capacity as agent (in such capacity, the “Administrative Agent”) for the lenders from time to time party to the Credit Agreement described below (the “Lenders”).
PLEDGE AGREEMENTPledge Agreement • March 16th, 2007 • Benihana Inc • Retail-eating places • North Carolina
THIS PLEDGE AGREEMENT (this “Pledge Agreement”) is entered into as of March 15, 2007, among BENIHANA INC., a Delaware corporation (the “Borrower”), certain Subsidiaries of the Borrower (individually a “Guarantor”, and collectively the “Guarantors”; together with the Borrower, individually a “Pledgor”, and collectively the “Pledgors”) and WACHOVIA BANK, NATIONAL ASSOCIATION (F/K/A FIRST UNION NATIONAL BANK), in its capacity as agent (in such capacity, the “Administrative Agent”) for the lenders from time to time party to the Credit Agreement described below (the “Lenders”).
REVOLVING NOTERevolving Note • March 16th, 2007 • Benihana Inc • Retail-eating places
FOR VALUE RECEIVED, BENIHANA INC., a Delaware corporation (the “Borrower”), hereby promises to pay to the order of WACHOVIA BANK, NATIONAL ASSOCIATION, its successors and assigns (the “Lender”), at the office of Wachovia Bank, National Association, as Agent (the “Agent”), at such place or places as the holder hereof may designate, at the times set forth in the Credit Agreement dated as of the date hereof among the Borrower, the Lenders and the Agent (as it may be amended, modified, extended or restated from time to time, the “Credit Agreement”; all capitalized terms not otherwise defined herein shall have the meanings set forth in the Credit Agreement), but in no event later than the Maturity Date, in Dollars and in immediately available funds, the aggregate unpaid principal amount of all Revolving Loans made by the Lender to the Borrower pursuant to the Credit Agreement, and to pay interest from the date hereof on the unpaid principal amount hereof, in like money, at said office, on t
