Redemption of Series Z Preferred Stock (“Series Z Preferred”) Amendment to Letter Agreement Dated May 27, 2009 Dear Bill:Amendment to Letter Agreement • March 19th, 2010 • Einstein Noah Restaurant Group Inc • Retail-eating places • Delaware
This letter (the “March Amendment”) amends and supplements the letter agreement dated May 27, 2009 (the “Original Letter Agreement” and together with the March Amendment referred to herein as this “Letter Agreement”) regarding the Corporation’s and Halpern Denny III, L.P.’s (“Halpern Denny”) understanding about the mandatory redemption of the Series Z Preferred after June 30, 2010. Any defined terms used in this letter without definition shall have the meaning set forth in the New World Restaurant Group, Inc. Certificate of Designation, Preferences and Rights of Series Z Preferred Stock dated September 29, 2003 (the “Certificate”).
