FIFTEENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 3rd, 2023 • BurgerFi International, Inc. • Retail-eating places • New York
This CREDIT AGREEMENT, dated as of December 15, 2015 (as amended in its entirety pursuant to that certain Tenth Amendment to Credit Agreement and Joinder, dated as of November 3, 2021, and as further amended, restated, supplemented, increased, extended, supplemented or otherwise modified from time to time, this “Agreement”), is entered into by and among BURGERFI INTERNATIONAL, INC., a Delaware corporation (“Parent”), PLASTIC TRIPOD, INC., a Delaware corporation (“PTI” and together with Parent, each a “Borrower” and collectively, the “Borrowers”), certain Subsidiaries of Parent from time to time party hereto, as Guarantors, the Lenders from time to time party hereto, and REGIONS BANK, as administrative agent (in such capacity, “Administrative Agent”) and collateral agent (in such capacity, “Collateral Agent”).
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • April 3rd, 2023 • BurgerFi International, Inc. • Retail-eating places • New York
THIS INTERCREDITOR AND SUBORDINATION AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is made as of February 24, 2023 (the “Closing Date”), by and between REGIONS BANK, in its capacity as administrative agent for the Senior Creditors (defined below) (in such capacity, and including any successor administrative agent, the “Senior Administrative Agent”) and as collateral agent for the Senior Creditors (defined below) (in such capacity, and including any successor collateral agent, the “Senior Collateral Agent”), and CP7 WARMING BAG, LP, a Delaware limited partnership (including its successors and assigns, the “Junior Creditor”), and is acknowledged by the Credit Parties (defined below).
AMENDMENT TO THE AMENDED AND RESTATED STOCK PURCHASE AGREEMENTStock Purchase Agreement • April 3rd, 2023 • BurgerFi International, Inc. • Retail-eating places
THIS AMENDMENT TO THE AMENDED AND RESTATED STOCK PURCHASE AGREEMENT (this “Amendment”), dated as of February 24, 2023 (the “Effective Date”), is entered into by and is entered into by and among Hot Air, Inc., a Delaware corporation (the “Company”), Cardboard Box LLC, a Delaware limited liability company (“Seller”) and BurgerFi International, Inc., a Delaware corporation (“Buyer” and together with the Company and Seller, the “Parties” and each, a “Party”).
GUARANTY AND SECURITY AGREEMENTGuaranty and Security Agreement • April 3rd, 2023 • BurgerFi International, Inc. • Retail-eating places • New York
This GUARANTY AND SECURITY AGREEMENT, dated as of February 24, 2023, is made by and among the Persons listed on the signature pages hereof under the caption “Guarantors” and the guarantors from time to time party hereto by execution of a joinder agreement (the “Guarantors”), in favor of CP7 WARMING BAG, L.P. (“Lender”). This Agreement, as amended, restated, supplemented or otherwise modified from time to time in accordance with the provisions hereof, is referred to herein as the “Agreement”.
