AMENDMENT NO. 3 TO AMENDED AND RESTATED RIGHTS AGREEMENTRights Agreement • May 18th, 2011 • Benihana Inc • Retail-eating places
This Amendment No. 3 (the “Amendment”) to the Amended and Restated Rights Agreement, dated as of January 31, 2007, as amended as of May 18, 2007 and January 24, 2011 (the “Rights Agreement”), by and between Benihana Inc., a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company, LLC, as successor to the interest of First Union National Bank of North Carolina (the “Rights Agent”), is made and entered into as of May 13, 2011 between the Company and the Rights Agent.
