SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • November 21st, 2008 • Benihana Inc • Retail-eating places • North Carolina
THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of November 19, 2008, is by and among BENIHANA INC., a Delaware corporation (the “Borrower”), the Domestic Subsidiaries of the Borrower party hereto (collectively, the “Guarantors”), the banks and certain financial institutions party hereto (the “Lenders”) and WACHOVIA BANK, NATIONAL ASSOCIATION, as administrative agent on behalf of the Lenders under the Credit Agreement (as hereinafter defined) (in such capacity, the “Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement, as amended hereby.
Re: CREDIT AGREEMENT, dated as of March 15, 2007, by and among Benihana Inc. (the “Borrower”), certain subsidiaries of the Borrower from time to time party thereto (collectively, the “Guarantors”), the lenders from time to time party thereto (the...Benihana Inc • November 21st, 2008 • Retail-eating places
This Agreement shall be effective only to the extent specifically set forth herein and shall not (a) be construed as a waiver of any breach or default nor as a waiver of any breach or default of which the Lenders have not been informed by the Borrower, (b) affect the right of the Lenders to demand compliance by the Credit Parties with all terms and conditions of the Credit Agreement, except as specifically modified or waived by this Agreement, (c) be deemed a waiver of any transaction or future action on the part of the Credit Parties requiring the Lenders’ or the Required Lenders’ consent or approval under the Credit Agreement, or (d) except as waived hereby, be deemed or construed to be a waiver or release of, or a limitation upon, the Administrative Agent’s or the Lenders’ exercise of any rights or remedies under the Credit Agreement or any other Credit Document, whether arising as a consequence of any Event of Default which may now exist or otherwise, all such rights and remedies h
