The Financing Documents. Borrower owes certain indebtedness to Lenders evidenced by, among other things, (i) that certain Revolving Credit and Term Loan Agreement dated as of September 30, 2002, by and among Borrower, Guarantors, Administrative Agent and Lenders, as amended by (a) that certain Amendment No. 1 dated as of November 4, 2003, and (b) that certain Amendment No. 2 dated as of February 23, 2004 (as amended, the “Credit Agreement”), (ii) those certain Revolving Credit Notes executed by Borrower and payable to the order of the respective Lenders in the aggregate principal amount of $25,000,000, and (iii) those certain Term Notes executed by Borrower and payable to the order of the respective Lenders in an aggregate original principal amount of $25,000,000, and (iv) those certain Letters of Credit issued by Administrative Agent for the account of Borrower or one or more of the Guarantors in the aggregate face amount of $2,942,000, such indebtedness being (1) secured by perfected, first priority liens and security interests granted in favor of Administrative Agent (for the ratable benefit of Lenders) in substantially all of the assets of Borrower and Guarantors pursuant to certain Security Documents executed by Borrower and Guarantors, and (2) unconditionally and irrevocably guaranteed in full by Guarantors on a joint and several basis pursuant to Section 7.2 of the Credit Agreement.
Appears in 2 contracts
Sources: Forbearance Agreement, Forbearance Agreement (Buca Inc /Mn)