LIMITED WAIVER, CONSENT AND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • November 13th, 2008 • Real Mex Restaurants, Inc. • Retail-eating & drinking places • New York
THIS LIMITED WAIVER, CONSENT AND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is entered into as of the 13th day of November 2008, by and among RM RESTAURANT HOLDING CORP., a Delaware corporation (“Holdings”), REAL MEX RESTAURANTS, INC., a Delaware corporation (the “Company”), THE BANKS, FINANCIAL INSTITUTIONS AND OTHER ENTITIES PARTY HERETO FROM TIME TO TIME AS LENDERS, and CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as administrative agent for the Lenders (in such capacity and together with its successors, the “Administrative Agent”).
TERMINATION AGREEMENT (Management Services Agreement)Termination Agreement • November 13th, 2008 • Real Mex Restaurants, Inc. • Retail-eating & drinking places • Delaware
THIS TERMINATION AGREEMENT (this “Termination Agreement”), dated as of November 13, 2008, is entered into by and among Real Mex Restaurants, Inc., a Delaware corporation (the “Company”), and Sun Capital Partners Management IV, LLC, a Delaware limited liability company (“Sun”). Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to them in the Management Services Agreement, dated as of August 21, 2006, by and among the parties hereto (the “Management Services Agreement”).
LIMITED WAIVER, CONSENT AND AMENDMENT NO. 3 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • November 13th, 2008 • Real Mex Restaurants, Inc. • Retail-eating & drinking places
THIS LIMITED WAIVER, CONSENT AND AMENDMENT NO. 3 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is entered into as of the 13th day of November 2008, by and among (a) REAL MEX RESTAURANTS, INC., formerly known as Acapulco Acquisition Corp., a Delaware corporation (“Real Mex”), ACAPULCO RESTAURANTS, INC., a Delaware corporation (“ARI”), EL TORITO FRANCHISING COMPANY, a Delaware corporation (“ETFI”), EL TORITO RESTAURANTS, INC., a Delaware corporation (“ETRI”), TARV, INC., a California corporation (“TARV”), ACAPULCO RESTAURANT OF VENTURA, INC., a California corporation (“ARV”), ACAPULCO RESTAURANT OF WESTWOOD, INC., a California corporation (“ARW”), ACAPULCO MARK CORP., a Delaware corporation (“AMC”), MURRAY PACIFIC, a California corporation (“MP”), ALA DESIGN, INC., a California corporation (“ALAD”), REAL MEX FOODS, INC., formerly known as ALA Foods, Inc., a California corporation (“RMF”), ACAPULCO RESTAURANT OF DOWNEY, INC., a California corporation (“ARD”), ACAPULCO
