AMENDMENT NO. 1 TO THIRD AMENDED AND RESTATED Credit AgreementCredit Agreement • February 25th, 2019 • Shake Shack Inc. • Retail-eating & drinking places • New York
This Amendment and Waiver to Third Amended and Restated Credit Agreement (this “Amendment”) is among SSE Holdings, LLC, a Delaware limited liability company (the “Borrower”), the other Loan Parties party hereto, the lenders party hereto (the “Lenders”) and JPMorgan Chase Bank, N.A., as Administrative Agent.
FORM OF SUPPLEMEMENT TO RESTRICTED STOCK UNIT AWARD AGREEMENT (EMPLOYEES) PURSUANT TO THE SHAKE SHACK INC.Restricted Stock Unit Award Agreement • February 25th, 2019 • Shake Shack Inc. • Retail-eating & drinking places
This letter constitutes an “Award Supplement” referred to in that certain Restricted Stock Unit Award Agreement, dated as of _____________ (the “Restricted Stock Unit Award Agreement”), between Shake Shack Inc. and you. You are hereby notified that the Company has awarded to you the Restricted Stock Units indicated above (the “Restricted Stock Units”). The Restricted Stock Unit is awarded to you pursuant to and subject to the terms and conditions of (1) the Shake Shack Inc. 2015 Incentive Plan (the “Plan”), (2) the Restricted Stock Unit Award Agreement and (3) this Award Supplement. Capitalized terms in this Award Supplement that are not defined shall have the meaning set forth in the Plan.
FORM OF RESTRICTED STOCK UNIT AWARD AGREEMENT (EMPLOYEES) PURSUANT TO THE SHAKE SHACK INC.Restricted Stock Unit Award Agreement • February 25th, 2019 • Shake Shack Inc. • Retail-eating & drinking places • Delaware
THIS RESTRICTED STOCK UNIT AWARD AGREEMENT (this “Agreement”), effective as of ___________________, is by and between Shake Shack Inc., a Delaware corporation (the “Company”), and __________________ (“Participant”). Capitalized terms in this Agreement that are not defined shall have the meaning set forth in the Shake Shack Inc. 2015 Incentive Award Plan, as amended from time to time (the “Plan”).
RESTRICTED STOCK UNIT AWARD AGREEMENT PURSUANT TO THE SHAKE SHACK INC.Restricted Stock Unit Award Agreement • February 25th, 2019 • Shake Shack Inc. • Retail-eating & drinking places • Delaware
THIS RESTRICTED STOCK UNIT AWARD AGREEMENT (this “Agreement”), is made as of ________________ (the “Grant Date”), by and between Shake Shack Inc., a Delaware corporation (the “Company”), and [Name of Participant] (“Participant”). Capitalized terms in this Agreement that are not defined shall have the meaning set forth in the Shake Shack Inc. 2015 Incentive Award Plan, as amended from time to time (the “Plan”).
AMENDMENT NO. 3 TO STOCKHOLDERS AGREEMENTStockholders Agreement • February 25th, 2019 • Shake Shack Inc. • Retail-eating & drinking places • Delaware
THIS AMENDMENT NO. 3 TO STOCKHOLDERS AGREEMENT (this “Amendment”), dated and effective as of October 16, 2018 (the “Effective Date”), is entered into by and among (i) Shake Shack Inc., a Delaware corporation (the “Company”), (ii) SSE Holdings, LLC, a Delaware limited liability company (“Holdings”), (iii) the Persons listed on the signature pages hereto under the caption “Meyer Stockholders” (the “Meyer Stockholders”), (iv) the Persons listed on the signature pages hereto under the caption “LGP Stockholders” (the “LGP Stockholders”) and (v) the Persons listed on the signature pages hereto under the caption “SEG Stockholders” (the “SEG Stockholders”). All capitalized terms defined herein but not used herein shall have the meanings as ascribed to such terms in the Stockholders Agreement (as defined below).
