AMENDMENT NO. 1 to that certain REVOLVING CREDIT AND TERM LOAN AGREEMENT dated as of September 30, 2002Revolving Credit and Term Loan Agreement • November 12th, 2003 • Buca Inc /Mn • Retail-eating places • Massachusetts
AMENDMENT NO. 1 (this “Amendment”), dated as of November 4, 2003, to the Revolving Credit and Term Loan Agreement, dated as of September 30, 2002 (as amended and in effect from time to time, the “Credit Agreement”), is by and among (a) BUCA, INC. (the “Borrower”), a Minnesota corporation, (b) BUCA RESTAURANTS, INC., a Minnesota corporation, BUCA RESTAURANTS 2, INC., a Minnesota corporation (as an original party and as successor by merger to BUCA (Nevada), Inc.), BUCA RESTAURANTS 3, INC., a Minnesota corporation, BUCA INVESTMENTS, INC., a Minnesota corporation, BUCA (KANSAS), INC., a Kansas corporation, BUCA TEXAS RESTAURANTS, L.P., a Texas limited partnership, and BUCA TEXAS BEVERAGE, INC., a Texas corporation (collectively, the “Guarantors”), (c) FLEET NATIONAL BANK and the other lending institutions listed on Schedule 1 attached thereto (the “Lenders”), (d) FLEET NATIONAL BANK, as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders, and (e) SUNTRUST BA
