CREDIT AGREEMENT Dated as of August 21, 2017 among AI FRESH MERGER SUB, INC. (to be merged with and into FWR HOLDING CORPORATION), as the Borrower, AI FRESH PARENT, INC., as Holdings, THE FINANCIAL INSTITUTIONS PARTY HERETO, as Lenders, GOLUB CAPITAL...Credit Agreement • September 7th, 2021 • First Watch Restaurant Group, Inc. • Retail-eating places • Delaware
CREDIT AGREEMENT, dated as of August 21, 2017 (this “Agreement”), by and among AI Fresh Merger Sub, Inc., a Delaware corporation (“Merger Sub” and, prior to the Closing Date Merger (as defined below), the Borrower), which upon the effectiveness of the Closing Date Merger will be merged with and into FWR Holding Corporation, a Delaware corporation (the “Target” and, after the Closing Date Merger, the Borrower), AI Fresh Parent, Inc., a Delaware corporation (“Holdings”), the Lenders from time to time party hereto, Golub Capital Markets LLC (“Golub Capital”), in its capacities as administrative agent and collateral agent for the Secured Parties (in such capacities and together with its successors and assigns, the “Administrative Agent”).
FORM OF DIRECTOR AND OFFICER INDEMNIFICATION AGREEMENTIndemnification & Liability • September 7th, 2021 • First Watch Restaurant Group, Inc. • Retail-eating places • Delaware
THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of [•], 2021, between First Watch Restaurant Group, Inc., a Delaware corporation (the “Company”), and [•] (“Indemnitee”). Capitalized terms not defined elsewhere in this Agreement are used as defined in Section 13.
EMPLOYMENT AGREEMENTEmployment Agreement • September 7th, 2021 • First Watch Restaurant Group, Inc. • Retail-eating places • Florida
This EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into as of August 21, 2017 (the “Effective Date”) between First Watch Restaurants, Inc., a Delaware corporation (together with its successors and assigns permitted hereunder, the “Company”), and Christopher Tomasso (the “Executive”).
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 7th, 2021 • First Watch Restaurant Group, Inc. • Retail-eating places • New York
THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is entered into as of December 20, 2019 by and among FWR Holding Corporation, a Delaware corporation (the “Borrower”), AI Fresh Parent, Inc., a Delaware corporation (“Holdings”), the other Loan Parties party hereto, the lenders holding the New Delayed Draw Term Commitments (as defined below) party hereto (the “New Delayed Draw Term Lenders”), the other Lenders party hereto and Golub Capital Markets LLC (“Golub Capital”), in its capacities as administrative agent and collateral agent for the Secured Parties (in such capacities and together with its successors and assigns, the “Administrative Agent”).
February 1, 2021Employment Agreement • September 7th, 2021 • First Watch Restaurant Group, Inc. • Retail-eating places
This letter agreement confirms the details of your continuing employment relationship with First Watch Restaurants, Inc. (the “Company”).
THIRD AMENDMENT AND WAIVER TO CREDIT AGREEMENTCredit Agreement • September 7th, 2021 • First Watch Restaurant Group, Inc. • Retail-eating places • New York
THIS THIRD AMENDMENT AND WAIVER TO CREDIT AGREEMENT (this “Amendment”) is entered into as of April 27, 2020 by and among FWR Holding Corporation, a Delaware corporation (the “Borrower”), AI Fresh Parent, Inc., a Delaware corporation (“Holdings”), the other Loan Parties party hereto, the other Lenders (as defined in the Credit Agreement referred to below) party hereto that constitute the Required Lenders (as defined in the Credit Agreement), the Lenders party hereto that constitute each Initial Delayed Draw Term Lender (as defined in the Credit Agreement) holding Initial Delayed Draw Term Loan Commitments (as defined in the Credit Agreement) and Golub Capital Markets LLC (“Golub Capital”), in its capacities as administrative agent and collateral agent for the Secured Parties (in such capacities and together with its successors and assigns, the “Administrative Agent”).
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 7th, 2021 • First Watch Restaurant Group, Inc. • Retail-eating places • New York
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is entered into as of February 28, 2019 by and among FWR Holding Corporation, a Delaware corporation (the “Borrower”), AI Fresh Parent, Inc., a Delaware corporation (“Holdings”), the other Loan Parties party hereto, the lenders holding the New Delayed Draw Term Commitments (as defined below) party hereto (the “New Delayed Draw Term Lenders”), the other Lenders party hereto and Golub Capital Markets LLC (“Golub Capital”), in its capacities as administrative agent and collateral agent for the Secured Parties (in such capacities and together with its successors and assigns, the “Administrative Agent”).
