Schlotzskys Inc Sample Contracts

Schlotzskys Inc – NOTICE OF EFFECTIVE DATE OF FINAL PLAN OF LIQUIDATION OF SI RESTRUCTURING, INC. AND ITS AFFILIATED DEBTORS AND BAR DATES THEREUNDER PLEASE TAKE NOTICE: 1. Pursuant to Article XII of the Final Plan of Liquidation of SI Restructuring, Inc. and its Affiliated Debtors (the "Plan"), as confirmed by the Bankruptcy Court in its Order Confirming Final Joint Plan of Liquidation of SI Restructuring, Inc. and its Affiliated Debtors (the "Confirmation Order"), the following conditions to the effectiveness of the Plan have been satisfied: As required by Article XII of the Plan, (a) the Confirmation Order h (May 1st, 2006)
Schlotzskys Inc – IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION (April 13th, 2006)

SI Restructuring, Inc. (“SI”), SR Restructuring, Inc. (“Restaurants”), SRE Restructuring, Inc. (“Real Estate”), SF Restructuring, LLC (“Franchisor”), SFOPS Restructuring, LLC (“Franchise Operations”), SFPROD Restructuring, LLC (“Brand Products”), DFW Restaurant Transfer Corp. (“DFW”), 56th and 6th, Inc. (“56th and 6th”), RAD Acquisition Corp. (“RAD”),San Felipe, LLC (“San Felipe”) (collectively, the “Debtors”), as debtors and debtors-in-possession, submit this Final Plan of Liquidation (the “Plan”) pursuant to section 1121(a) of Title 11 of the United States Code for the resolution of the Debtors’ outstanding creditor claims. This Final Plan incorporates changes made in response to objections to confirmation and discussed at the hearing on confirmation of the Plan. Reference is made to the Disclosure Statement (the “Disclosure Statement”) for a discussion of the Debtors’ history, business, properties and results of operations, and for a summary of this Plan and certain related matters.

Schlotzskys Inc – EMPLOYMENT AGREEMENT (November 12th, 2004)

AGREEMENT by and between Schlotzsky’s, Inc., a Texas corporation (the “Company”), and Sam Coats (the “Executive”), dated as of the 17th day of June, 2004 (the “Effective Date”).

Schlotzskys Inc – MODIFICATION, EXTENSION AND RENEWAL OF PROMISSORY NOTE (May 17th, 2004)

For value received, the undersigned (the “Makers,” whether one or more), promise to pay to the order of JOHN C. WOOLEY AND JEFFREY J. WOOLEY (the “Payee”), at 203 Colorado, Austin, Travis County, Texas 78701, or such other location as the Payee designates to the Makers in writing, the principal sum of ONE MILLION AND NO/100 DOLLARS ($1,000,000.00), or the outstanding principal amount advanced hereunder, whichever is less, in legal and lawful money of the United States of America, with interest thereon from the date hereof through the maturity date of this Note (whether by acceleration or otherwise) (the “Maturity Date”) at the rate of six percent (6.0%) per annum (calculated on the basis of the actual number of days elapsed but computed as if each year consisted of 360 days), the interest being payable as hereinafter specified. After the Maturity Date until paid, unpaid principal and accrued unpaid interest shall bear interest at a rate per annum equal to the lesser of (i) eighteen per

Schlotzskys Inc – MODIFICATION, EXTENSION AND RENEWAL OF PROMISSORY NOTE (November 14th, 2003)

For value received, the undersigned (the “Makers,” whether one or more), promise to pay to the order of JOHN C. WOOLEY AND JEFFREY J. WOOLEY (the “Payee”), at 203 Colorado, Austin, Travis County, Texas 78701, or such other location as the Payee designates to the Makers in writing, the principal sum of ONE MILLION AND NO/100 DOLLARS ($1,000,000.00), or the outstanding principal amount advanced hereunder, whichever is less, in legal and lawful money of the United States of America, with interest thereon from the date hereof through the maturity date of this Note (whether by acceleration or otherwise) (the “Maturity Date”) at the rate of six percent (6.0%) per annum (calculated on the basis of the actual number of days elapsed but computed as if each year consisted of 360 days), the interest being payable as hereinafter specified.  After the Maturity Date until paid, unpaid principal and accrued unpaid interest shall bear interest at a rate per annum equal to the lesser of (i) eighteen pe

Schlotzskys Inc – PROMISSORY NOTE (November 14th, 2003)

For value received, the undersigned (the “Makers,” whether one or more), promise to pay to the order of JOHN C. WOOLEY AND JEFFREY J. WOOLEY (the “Payee”), at 203 Colorado, Austin, Travis County, Texas 78701, or such other location as the Payee designates to the Makers in writing, the principal sum of TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($2,500,000.00), or the outstanding principal amount advanced hereunder, whichever is less, in legal and lawful money of the United States of America, with interest thereon from the date hereof through the maturity date of this Note (whether by acceleration or otherwise) (the “Maturity Date”) at the Applicable Interest Rate (hereinafter defined), the interest being payable as hereinafter specified.

Schlotzskys Inc – SECURITY AGREEMENT (November 14th, 2003)

This Security Agreement (the “Security Agreement”), is dated effective as of the 14th day of November 2003 (the “Effective Date”), and is by and between Schlotzsky’s Franchisor, LLC, a Delaware limited liability company (the “Debtor”), and John C. Wooley and Jeffrey J. Wooley (collectively, the “Secured Party”).

Schlotzskys Inc – MODIFICATION, EXTENSION AND RENEWAL OF PROMISSORY NOTE (August 14th, 2003)

For value received, the undersigned (the “Makers,” whether one or more), promise to pay to the order of JOHN C. WOOLEY AND JEFFREY J. WOOLEY (the “Payee”), at 203 Colorado, Austin, Travis County, Texas 78701, or such other location as the Payee designates to the Makers in writing, the principal sum of ONE MILLION AND NO/100 DOLLARS ($1,000,000.00), or the outstanding principal amount advanced hereunder, whichever is less, in legal and lawful money of the United States of America, with interest thereon from the date hereof through the maturity date of this Note (whether by acceleration or otherwise) (the “Maturity Date”) at the rate of six percent (6.0%) per annum (calculated on the basis of the actual number of days elapsed but computed as if each year consisted of 360 days), the interest being payable as hereinafter specified.  After the Maturity Date until paid, unpaid principal and accrued unpaid interest shall bear interest at a rate per annum equal to the lesser of (i) eighteen pe

Schlotzskys Inc – GUARANTY AGREEMENT (August 14th, 2003)

THIS GUARANTY AGREEMENT (“Guaranty”) is made as of the 12th day of June, 2003 by Guarantor (as hereinafter defined) for the benefit of Lender (as hereinafter defined).

Schlotzskys Inc – EQUIPMENT FINANCE AGREEMENT (August 14th, 2003)
Schlotzskys Inc – PRESS RELEASE (August 4th, 2003)

AUSTIN, TEXAS – (Thurs., July 31, 2003) – Schlotzsky’s, Inc. (Nasdaq: BUNZ) today announced that it is streamlining its organization to reduce expenses and to place a greater emphasis on franchising for its growth strategy.  As part of the realignment, the company will eliminate approximately 39 job positions, primarily at its corporate headquarters in Austin, Texas.

Schlotzskys Inc – PRESS RELEASE (June 24th, 2003)

AUSTIN, TX (Mon., June 23, 2003) – At its annual shareholder meeting, the shareholders of Schlotzsky’s, Inc. (Nasdaq: BUNZ) voted down a shareholder proposal to pursue a sale of the company by a vote of 66.3% against the proposal, 32.4% in support of the proposal, and 1.3% expressly abstaining.  Excluding the votes cast by the proponent and its respective affiliates, only 5.7% of the total outstanding shares voted in favor of the proposal.

Schlotzskys Inc – SECURITY AGREEMENT (May 15th, 2003)

This Security Agreement (the “Security Agreement”), is dated effective as of the 8th day of April 2003 (the “Effective Date”), and is by and between Schlotzsky’s, Inc., a Texas corporation (the “Debtor”), and John C. Wooley and Jeffrey J. Wooley (collectively, the “Secured Party”).

Schlotzskys Inc – PRESS RELEASE (May 15th, 2003)

AUSTIN, Texas – May 15, 2003 – Schlotzsky’s, Inc. (Nasdaq: BUNZ) today reported revenues of $13.8 million and a net loss of $1.07 million, or $(0.15) per diluted share, for the quarter ended March 31, 2003. This compares with revenues of $15.2 million and net income of $628,000, or $0.08 per diluted share, during the same period last year.

Schlotzskys Inc – PROMISSORY NOTE (May 15th, 2003)

For value received, the undersigned (the “Makers,” whether one or more), promise to pay to the order of JOHN C. WOOLEY AND JEFFREY J. WOOLEY (the “Payee”), at 203 Colorado, Austin, Travis County, Texas 78701, or such other location as the Payee designates to the Makers in writing, the principal sum of ONE MILLION AND NO/100 DOLLARS ($1,000,000.00), or the outstanding principal amount advanced hereunder, whichever is less, in legal and lawful money of the United States of America, with interest thereon from the date hereof through the maturity date of this Note (whether by acceleration or otherwise) (the “Maturity Date”) at the rate of six percent (6.0%) per annum (calculated on the basis of the actual number of days elapsed but computed as if each year consisted of 360 days), the interest being payable as hereinafter specified.  After the Maturity Date until paid, unpaid principal and accrued unpaid interest shall bear interest at a rate per annum equal to the lesser of (i

Schlotzskys Inc – Schlotzsky’s, Inc. 203 Colorado Street Austin, TX 78701 BORROWER’S NAME AND ADDRESS “I” includes each borrower above, jointly and American Bank of Commerce 522 Congress Ave., Suite 100 Austin, TX 78701 LENDER’S NAME AND ADDRESS “You” means the lender, its successors and assigns Loan Number 403409 Date 03/27/03 Maturity Date 06/25/03 Loan Amount $ 150,000.00 Renewal Of (May 15th, 2003)

o  Multiple Advance: The principal sum shown above is the maximum amount of principal I can borrow under this note. On                                             I will receive the amount of $                                      and future principal advances are contemplated.

Schlotzskys Inc – PRESS RELEASE (April 3rd, 2003)

AUSTIN, Texas — March 28, 2003 — Schlotzsky’s, Inc. (Nasdaq: BUNZ) today reported a net loss of $199,000, or $0.03 per diluted share, on revenues of $60.5 million for the year ended December 31, 2002. This compares with net income of $2.5 million, or $0.33 per diluted share, on revenues of $61.9 million for 2001.

Schlotzskys Inc – MODIFICATION AGREEMENT (March 31st, 2003)

WHEREAS, on August 30, 2002 DFW RESTAURANT TRANSFER CORP., a Texas corporation ("Borrower) executed and delivered to NS ASSOCIATES I, LTD., a Texas limited partnership ("Lender"), a Promissory Note in the original principal amount of Twenty-Three Million Two Hundred Sixty-Eight Thousand Dollars ($23,268,000) payable to the order of Lender (the "Note"); and

Schlotzskys Inc – PROMISSORY NOTE (August 14th, 2002)

Terms of Payment (principal and interest)         Interest only shall be paid monthly on the last day of each month.         Principal shall be due and payable on December 30, 2002.

Schlotzskys Inc – AMENDMENT TO AMENDED AND RESTATED OPTION AGREEMENT (August 14th, 2002)

THIS AMENDMENT TO AMENDED AND RESTATED OPTION AGREEMENT (this "Amendment") is made and entered into effective the 1st day of June, 2002 by and between DFW RESTAURANT TRANSFER CORP., a Texas corporation ("Holder"), NS ASSOCIATES I, LTD., a Texas limited partnership ("Grantor") and SCHLOTZSKY'S, INC., a Texas corporation ("Guarantor").

Schlotzskys Inc – AMENDMENT TO AMENDED AND RESTATED MANAGEMENT AGREEMENT (August 14th, 2002)

THIS AMENDMENT TO AMENDED AND RESTATED MANAGEMENT AGREEMENT (this "Amendment") is made and entered into effective June 1, 2002 by and between NS ASSOCIATES I, LTD., a Texas limited partnership ("Developer"), DFW RESTAURANT TRANSFER CORP., a Texas corporation ("Manager") and SCHLOTZSKY'S,  INC., a Texas corporation ("Guarantor").

Schlotzskys Inc – PROMISSORY NOTE (August 14th, 2002)

Terms of Payment (principal and interest)         Interest only shall be paid monthly on the last day of each month.         Principal shall be due and payable on December 30, 2002.

Schlotzskys Inc – EX 10.30 FIFTH AMENDMENT TO CREDIT AGREEMENT THIS FIFTH AMENDMENT TO CREDIT AGREEMENT (the "AMENDMENT"), dated as of December 31, 2001 is among SCHLOTZSKY'S, INC., a Texas corporation ("BORROWER"), each of the Lenders party to the Agreement referred to below, and WELLS FARGO BANK TEXAS, NATIONAL ASSOCIATION, a national banking association (successor by consolidation to Wells Fargo Bank (Texas), National Association), as Agent for itself and the other Lenders (in such capacity, together with its successors in such capacity the "AGENT") and as the Issuing Bank. RECITALS: A. Borrower, Agent, Lend (April 1st, 2002)
Schlotzskys Inc – EX 10.31 SIXTH AMENDMENT TO CREDIT AGREEMENT THIS SIXTH AMENDMENT TO CREDIT AGREEMENT (the "AMENDMENT"), dated as of March 13, 2002 is among SCHLOTZSKY'S, INC., a Texas corporation ("BORROWER"), each of the Lenders party to the Agreement referred to below, and WELLS FARGO BANK TEXAS, NATIONAL ASSOCIATION, a national banking association (successor by consolidation to Wells Fargo Bank (Texas), National Association), as Agent for itself and the other Lenders (in such capacity, together with its successors in such capacity the "AGENT") and as the Issuing Bank. RECITALS: A. Borrower, Agent, Lenders (April 1st, 2002)
Schlotzskys Inc – EX 10.17 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT EFFECTIVE DATE: AS OF JANUARY 1, 2001 WOOLEY: {NAME} COMPANY: SCHLOTZSKY'S, INC., a Texas corporation 203 Colorado Street Austin, Texas 78701 AGREEMENT: Amended and Restated Employment Agreement, effective as of January 1, 2001, by and between WOOLEY and COMPANY. WHEREAS, the Parties listed above entered into the AGREEMENT described above; and WHEREAS, WOOLEY and COMPANY have determined that it is in their mutual best interest to modify the terms of the AGREEMENT; and WHEREAS, this amendment has been approved by an action of the Compensation Com (April 1st, 2002)
Schlotzskys Inc – EMPLOYMENT AGREEMENT AGREEMENT dated to be effective as of AUGUST 15, 2000 ("Effective Date"), made and entered into by and between Schlotzsky's, Inc., a Texas corporation (the "Company"), and RICHARD H. VALADE ("Valade"). The Board of Directors of the Company has determined that it is in the best interest of the Company to set forth the terms of employment of Valade as Executive Vice President and Chief Financial Officer of the Company and Valade has agreed to such terms. The Company and Valade wish to promote their mutual best interest by setting forth the terms and conditions in writing. NO (November 17th, 2000)
Schlotzskys Inc – SECOND AMENDMENT TO CREDIT AGREEMENT THIS SECOND AMENDMENT TO CREDIT AGREEMENT (the "AMENDMENT"), dated as of May 1, 2000 is among SCHLOTZSKY'S, INC., a Texas corporation ("BORROWER"), each of the Lenders party to the Agreement referred to below, and WELLS FARGO BANK TEXAS, NATIONAL ASSOCIATION, a national banking association (successor by consolidation to Wells Fargo Bank (Texas), National Association), as Agent for itself and the other Lenders (in such capacity, together with its successors in such capacity the "AGENT") and as the Issuing Bank. RECITALS: A. Borrower, Agent, Lenders and Issui (November 14th, 2000)
Schlotzskys Inc – THIRD AMENDMENT TO CREDIT AGREEMENT THIS THIRD AMENDMENT TO CREDIT AGREEMENT (the "AMENDMENT"), dated as of September 30, 2000 is among SCHLOTZSKY'S, INC., a Texas corporation ("BORROWER"), each of the Lenders party to the Agreement referred to below, and WELLS FARGO BANK TEXAS, NATIONAL ASSOCIATION, a national banking association (successor by consolidation to Wells Fargo Bank (Texas), National Association), as Agent for itself and the other Lenders (in such capacity, together with its successors in such capacity the "AGENT") and as the Issuing Bank. RECITALS: A. Borrower, Agent, Lenders and (November 14th, 2000)
Schlotzskys Inc – EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT ("AGREEMENT") is made and entered into in Travis County, Texas, subject to the terms and conditions hereof, as of the ____ day of _____________ (the "EFFECTIVE DATE"), by and between SCHLOTZSKY'S, INC., a Texas corporation (together with its successors and assigns) (collectively "COMPANY"), and___________ ( "EMPLOYEE"), whose address is {STREET ADDRESS} , {CITY} , {STATE} , {ZIP CODE} . Employee is currently employed as___________ for Company, and Company and Employee desire to continue such employment pursuant to the terms and conditions set fort (August 14th, 2000)
Schlotzskys Inc – OPTION #_____________ SCHLOTZSKY'S INC. INCENTIVE STOCK OPTION AGREEMENT This Agreement ("Agreement") is entered into as of ________________ between SCHLOTZSKY'S, INC., a Texas corporation ("Company"),and____________,an employee of the Company ("Employee"). R E C I T A L S The Company desires to grant to the Employee an Option to purchase shares of its Common Stock, no par value (the "Shares") pursuant to the Company's 1993 Stock Option Plan (the "Plan") in consideration for certain covenants from the Employee. The Company and the Employee understand and agree that any terms used herein have t (August 14th, 2000)
Schlotzskys Inc – AMENDMENT TO THE 1995 NONEMPLOYEE DIRECTORS STOCK OPTION PLAN The 1995 Nonemployee Directors Stock Option Plan (the "Plan") is amended by deleting Paragraphs 3, 4 and 5 and inserting in lieu thereof the following paragraphs: 3. ELIGIBLE DIRECTORS. Options shall be granted under this Plan only to a person who is not, on the date of election to the Board, also an employee of the Company or any subsidiary (a "Non-Employee Director") and who is either: (a) first elected to the Board during the portion of the term of the Plan preceding May 26, 2000; or (b) is serving on the Board on May 26, 2000. A (August 14th, 2000)
Schlotzskys Inc – FIRST AMENDMENT TO CREDIT AGREEMENT (May 15th, 2000)
Schlotzskys Inc – CREDIT AGREEMENT (March 30th, 2000)
Schlotzskys Inc – MANAGEMENT AGREEMENT (November 12th, 1999)
Schlotzskys Inc – OPTION AGREEMENT (November 12th, 1999)