Confidentiality AgreementConfidentiality Agreement • September 5th, 2006 • Bbac LLC • Retail-eating places • Delaware
In connection with your consideration of a possible transaction (“Transaction”) with Back Yard Burgers, Inc. (together with its subsidiaries, the “Company”), the Company has requested that Cherokee Advisors, LLC and BBAC, LLC (collectively referred herein to as “you” or “BBAC”) enter into this confidentiality agreement (this “Agreement”), which shall govern your right to use, or to furnish to selected third parties, certain non-public information regarding the Company or the Transaction. All of this information (whether written or oral) furnished by the Company to you or your affiliates, directors, officers, employees, advisors, agents, “controlling persons” (within the meaning of the Securities Exchange Act of 1934, as amended (the “1934 Act”)), financial advisors, and potential debt or equity financing sources (such affiliates and other persons of the Company or BBAC (as applicable) being referred to collectively as “Representatives”) in connection with your consideration of a Transa
