Kona Grill Inc Sample Contracts

Kona Grill Inc – AMENDMENT NO. 1 TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT (January 10th, 2019)

This Amendment No. 1 to Amended and Restated Employment Agreement (“Amendment”), entered into January 9, 2019 and effective as of January 1, 2019 (the “Effective Date”), is made by and between Kona Grill, Inc., a Delaware corporation (the “Company”), and Berke Bakay, a resident of the State of Arizona (“Executive”).

Kona Grill Inc – Kona Grill Reports Third Quarter 2018 Results (November 8th, 2018)

SCOTTSDALE, AZ – November 8, 2018 ─ Kona Grill, Inc. (NASDAQ: KONA), an American grill and sushi bar, reported financial results for the third quarter ended September 30, 2018.

Kona Grill Inc – KONA GRILL, INC. EMPLOYMENT AGREEMENT (September 7th, 2018)

This Employment Agreement (“Agreement”), effective as of September 4, 2018 (the “Effective Date”), is made by and between Kona Grill, Inc., a Delaware corporation (the “Company”), and Christi Hing, a resident of the State of Arizona (the “Executive”).

Kona Grill Inc – AMENDED AND RESTATED EMPLOYMENT AGREEMENT (September 7th, 2018)

This Amended and Restated Employment Agreement (“Agreement”), effective as of September 4, 2018 (the “Effective Date”), is made by and between Kona Grill, Inc., a Delaware corporation (the “Company”), and Berke Bakay, a resident of the State of Arizona (the “Executive”).

Kona Grill Inc – KONA GRILL, INC. EMPLOYMENT AGREEMENT (September 7th, 2018)

This Employment Agreement (“Agreement”), effective as of September 4, 2018 (the “Effective Date”), is made by and between Kona Grill, Inc., a Delaware corporation (the “Company”), and James Kuhn, a resident of the State of Maryland (the “Executive”).

Kona Grill Inc – AMENDMENT #1 TO KONA GRILL, INC. 2012 STOCK AWARD PLAN STOCK OPTION AGREEMENTS (September 7th, 2018)

This Amendment #1 to the Kona Grill, Inc. 2012 Stock Award Plan Stock Option Agreements is made between Kona Grill, Inc., a Delaware corporation (the “Company”) and Berke Bakay (the “Optionee”) is entered into effective as of September 4, 2018.

Kona Grill Inc – Kona Grill Reports Second Quarter 2018 Results (August 9th, 2018)

SCOTTSDALE, AZ – August 9, 2018 ─ Kona Grill, Inc. (NASDAQ: KONA), an American grill and sushi bar, reported financial results for the second quarter ended June 30, 2018.

Kona Grill Inc – - Margin Improvements from Cost-Savings Initiatives Drives EBITDA Growth of 140% - Strengthens Balance Sheet with Strategic Private Placement of $5.6 million - Targets China for International Development through a Master Franchise Agreement - Commences Franchising of Kona Grill Brand in the U.S. (May 10th, 2018)

SCOTTSDALE, AZ – May 10, 2018 ─ Kona Grill, Inc. (NASDAQ: KONA), an American grill and sushi bar, reported financial results for the first quarter ended March 31, 2018.

Kona Grill Inc – Subscription Agreement (May 7th, 2018)

THIS SUBSCRIPTION AGREEMENT (this “Agreement”), dated as of May 2, 2018, by and between Kona Grill, Inc., a corporation incorporated under the laws of the State of Delaware (the “Company”) and Wisdom Sail Limited (the “Purchaser”) an exempted company with limited liability incorporated under the laws of Cayman Islands.

Kona Grill Inc – REGISTRATION RIGHTS AGREEMENT (May 7th, 2018)

This REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of May 4, 2018, between Kona Grill, Inc., a Delaware corporation (the “Company”), Ahwanova Limited, a company limited by shares incorporated under the laws of British Virgin Islands (“Ahwanova”), and Berke Bakay (“Bakay” and together with Ahwanova, each a “Purchaser” and collectively, the “Purchasers”) and each other Holder from time to time a party hereto.

Kona Grill Inc – - Appoints Hotel Magnate, Alex Zheng, to its Board of Directors as Vice- Chairman - Targets China for International Development through a Master Franchise Agreement (May 7th, 2018)

SCOTTSDALE, AZ – May 2, 2018 ─ Kona Grill, Inc. (NASDAQ: KONA), an American grill and sushi bar, today announced that it has entered into securities purchase agreements with Nanyan (Alex) Zheng and Berke Bakay, the Company’s President and Chief Executive Officer, to raise approximately $5.6 million through the issuance of 3,144,258 shares of common stock at a per share purchase price of $1.785, which represents a 5% premium to the closing bid price on May 1, 2018. The closing of the offering is anticipated to occur on or around May 4, 2018.

Kona Grill Inc – Subscription Agreement (May 7th, 2018)

THIS SUBSCRIPTION AGREEMENT (this “Agreement”), dated as of May 2, 2018, by and between Kona Grill, Inc., a corporation incorporated under the laws of the State of Delaware (the “Company”) and Berke Bakay, a resident of the State of Arizona (the “Purchaser”).

Kona Grill Inc – AMENDMENT NO. 1 TO RIGHTS AGREEMENT (May 7th, 2018)

Amendment No. 1 (this “Amendment”), dated as of May 2, 2018, 2018, by and between Kona Grill, Inc., a Delaware corporation (the “Company”), and Continental Stock Transfer & Trust Company, as Rights Agent (the “Rights Agent”), to the Rights Agreement, dated as of September 6, 2016, by and between the Company and the Rights Agent (the “Rights Agreement”). Unless otherwise defined herein, all capitalized terms shall have the meanings given to such terms in the Rights Agreement.

Kona Grill Inc – Kona Grill Reports Fourth Quarter and Fiscal 2017 Results (March 22nd, 2018)

SCOTTSDALE, AZ – March 22, 2018 ─ Kona Grill, Inc. (NASDAQ: KONA), an American grill and sushi bar, reported financial results for the fourth quarter and year ended December 31, 2017.

Kona Grill Inc – AMENDMENT NO. 1 TO AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENT (March 15th, 2018)

This AMENDMENT NO. 1 TO AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENT (this “Amendment”) is entered into as of March 9, 2018 among Kona Grill, Inc., a Delaware corporation (the “Borrower”); each of the Subsidiaries (as defined in the Credit Agreement referred to below) of the Borrower that is a signatory hereto (each such Subsidiary, together with each Additional Grantor (as defined in the Security Agreement referred to below) that becomes a party thereto pursuant to Section 9.14 of the Security Agreement and together with the Borrower, collectively, the “Grantors” and, individually, each a “Grantor”); the Lenders (as defined in the Credit Agreement) party hereto; and KeyBank National Association, a national banking association, as the administrative agent (the “Administrative Agent”).

Kona Grill Inc – AMENDMENT NO. 4 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (March 15th, 2018)

This AMENDMENT NO. 4 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is entered into as of March 9, 2018 among Kona Grill, Inc., a Delaware corporation (the “Borrower”), the Lenders (as defined below) party hereto, and KeyBank National Association, a national banking association, as the administrative agent (the “Administrative Agent”).

Kona Grill Inc – KONA GRILL, INC. AMENDED AND RESTATED 2012 STOCK AWARD PLAN As Amended March 1, 2018 (March 6th, 2018)
Kona Grill Inc – KONA GRILL, INC. EMPLOYMENT AGREEMENT (March 6th, 2018)

This Employment Agreement (“Agreement”), effective as of March 1, 2018 (the “Effective Date”), is made by and between Kona Grill, Inc., a Delaware corporation (the “Company”), and Berke Bakay, a resident of the State of Arizona (the “Executive”).

Kona Grill Inc – SECOND AMENDED AND RESTATED BYLAWS OF KONA GRILL, INC. As of March 1, 2018 (March 6th, 2018)
Kona Grill Inc – Kona Grill Reports Third Quarter 2017 Results (November 9th, 2017)

SCOTTSDALE, AZ – November 9, 2017 ─ Kona Grill, Inc. (NASDAQ: KONA), an American grill and sushi bar, reported financial results for the third quarter ended September 30, 2017.

Kona Grill Inc – AMENDMENT NO. 3 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (November 3rd, 2017)

This AMENDMENT NO. 3 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is entered into as of October 30, 2017 among Kona Grill, Inc., a Delaware corporation (the “Borrower”), the Lenders (as defined below) party hereto and KeyBank National Association, as the administrative agent (the “Administrative Agent”).

Kona Grill Inc – Kona Grill Reports Second Quarter 2017 Results (July 31st, 2017)

SCOTTSDALE, AZ – July 31, 2017 ─ Kona Grill, Inc. (NASDAQ: KONA), an American grill and sushi bar, reported financial results for the second quarter ended June 30, 2017.

Kona Grill Inc – AMENDMENT NO. 2 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (July 11th, 2017)

This AMENDMENT NO. 2 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is entered into as of July 7, 2017 among Kona Grill, Inc., a Delaware corporation (the “Borrower”), the Lenders (as defined below) party hereto and KeyBank National Association, as the administrative agent (the “Administrative Agent”).

Kona Grill Inc – Kona Grill Reports First Quarter 2017 Results Company Identifies $3 Million in Annual Cost Savings Signs Franchise Agreement for Toronto, Canada One Domestic Company and Three International Franchised Restaurants to Open in 2017 (May 8th, 2017)

SCOTTSDALE, AZ – May 8, 2017 ─ Kona Grill, Inc. (NASDAQ: KONA), an American grill and sushi bar, reported financial results for the first quarter ended March 31, 2017.

Kona Grill Inc – AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (April 3rd, 2017)

This AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is entered into as of March 29, 2017 among the following: (i) Kona Grill, Inc., a Delaware corporation (the “Borrower”); (ii) the Lenders (as defined below) party hereto; and (iii) KeyBank National Association, as the administrative agent (the “Administrative Agent”).

Kona Grill Inc – Kona Grill Reports Fourth Quarter 2016 Results - Initiates 2017 Annual Guidance of 18.0% Sales Growth and 95% EBITDA Growth - (February 27th, 2017)

SCOTTSDALE, AZ – February 27, 2017 ─ Kona Grill, Inc. (NASDAQ: KONA), an American grill and sushi bar, reported financial results for the fourth quarter and year ended December 31, 2016. The Company also initiated 2017 annual guidance.

Kona Grill Inc – Kona Grill Reports Third Quarter 2016 Results - Same-Store Sales Growth of 0.7% - - Board of Directors Authorizes $5 Million Stock Repurchase Plan - (October 27th, 2016)

SCOTTSDALE, AZ – October 27, 2016 ─ Kona Grill, Inc. (NASDAQ: KONA), an American grill and sushi bar, reported financial results for the third quarter ended September 30, 2016. The Company also revised its 2016 annual guidance, reconfirmed its intention to generate positive earnings in 2017, and announced that its Board of Directors has authorized a $5 million stock repurchase program.

Kona Grill Inc – AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENT dated as of October 12, 2016 Among KONA GRILL, INC. KONA RESTAURANT HOLDINGS, INC. KONA SUSHI, INC. KONA MACADAMIA, INC. KONA TEXAS RESTAURANTS, INC. KONA BALTIMORE, INC., KONA GRILL PUERTO RICO, INC., KONA GRILL INTERNATIONAL, INC., KONA GRILL INTERNATIONAL HOLDINGS, INC., each as a Grantor, THE OTHER GRANTORS NAMED HEREIN, and KEYBANK NATIONAL ASSOCIATION, as the Administrative Agent, for the benefit of THE SECURED CREDITORS NAMED HEREIN (October 18th, 2016)

THIS AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENT, dated as of October 12, 2016 (as the same may be amended, restated or otherwise modified from time to time, this “Agreement”), among: (i) Kona Grill, Inc., a Delaware corporation (the “Borrower”); (ii) each of the Subsidiaries (as defined in the Credit Agreement referred to below) of the Borrower that is a signatory hereto (each such Subsidiary, together with each Additional Grantor (defined below) that becomes a party hereto pursuant to Section 9.14 hereof and together with the Borrower, collectively, the “Grantors” and, individually, each a “Grantor”); and (iii) KeyBank, National Association, as administrative agent (the “Administrative Agent”), for the benefit of the Secured Creditors (as defined below):

Kona Grill Inc – AMENDED AND RESTATED SUBSIDIARY GUARANTY (October 18th, 2016)

THIS AMENDED AND RESTATED SUBSIDIARY GUARANTY, dated as of October 12, 2016 (as the same may be amended, restated or otherwise modified from time to time, this “Guaranty”), made by (i) each of the undersigned (each, a “Guarantor” and collectively, the “Guarantors” and such terms shall include an Additional Guarantor that becomes a party to this Guaranty pursuant to Section 16 hereof), with (ii) KeyBank National Association, as Administrative Agent (herein, together with its successors and assigns in such capacity, the “Administrative Agent”), for the benefit of the Creditors (as defined below):

Kona Grill Inc – SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of October 12, 2016 among KONA GRILL, INC., as Borrower, THE LENDING INSTITUTIONS NAMED HEREIN, as Lenders, and keybank national association, as an LC Issuer, Swing Line Lender, as the Administrative Agent, as the Sole Lead Arranger and the Sole Bookrunner $60,000,000 Senior Secured Credit Facility (October 18th, 2016)

This SECOND AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of October 12, 2016 among the following: (i) Kona Grill, Inc., a Delaware corporation (the “Borrower”); (ii) the lenders from time to time party hereto (each a “Lender” and collectively, the “Lenders”); and (iii) KeyBank National Association, as the administrative agent (the “Administrative Agent”), as the Swing Line Lender (as hereinafter defined), an LC Issuer (as hereinafter defined), and as the sole lead arranger and sole bookrunner (in such capacity, the “Arranger”).

Kona Grill Inc – FORM OF CERTIFICATE OF DESIGNATION, PREFERENCES AND RIGHTS OF SERIES B JUNIOR PARTICIPATING PREFERRED STOCK OF KONA GRILL, INC. (September 7th, 2016)

We, the undersigned officers of Kona Grill, Inc., a Delaware corporation (the “Company”), pursuant to the provisions of Section 242(a)(5) of the Delaware General Corporation Law, do hereby state and certify that pursuant to the authority vested in the Board of Directors of the Company by the Certificate of Incorporation of the Company, the Board of Directors on September 6, 2016, duly adopted the following resolution creating a series of 30,000 shares of Preferred Stock designated as Series B Junior Participating Preferred Stock:

Kona Grill Inc – RIGHTS AGReeMENT (September 7th, 2016)

AGREEMENT (the “Agreement”) dated as of September 6, 2016 between Kona Grill, Inc., a Delaware corporation (the “Company”), and Continental Stock Transfer & Trust Company, as Rights Agent (the “Rights Agent”),

Kona Grill Inc – AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT AGREEMENT (August 10th, 2016)

This AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is entered into as of August 1, 2016 among the following: (i) Kona Grill, Inc., a Delaware corporation (the “Borrower”); (ii) the Lenders (as defined below) party hereto; and (iii) KeyBank National Association, as the administrative agent (the “Administrative Agent”).

Kona Grill Inc – Kona Grill Reports Second Quarter 2016 Results - Same-Store Sales Growth of 2.5% - - Completes $10 Million Stock Buyback Plan; Slows Development Pace Beginning in 2017 to Increase Company’s Earnings Power and Provide Greater Flexibility for Use of Capital - - Revises 2016 Annual Guidance for Restaurant Sales and Adjusted EBITDA – (July 27th, 2016)

SCOTTSDALE, AZ – July 27, 2016 ─ Kona Grill, Inc. (NASDAQ: KONA), an American grill and sushi bar, reported financial results for the second quarter ended June 30, 2016. The Company also announced the completion of its $10 million stock buyback plan, stated its intention to slow the pace of development beginning in 2017 to increase its earnings power and provide greater flexibility for the use of capital, and revised its 2016 annual restaurant sales and Adjusted EBITDA guidance.

Kona Grill Inc – Kona Grill Reports First Quarter 2016 Results - Same-Store Sales Growth of 3.6% - - Reaffirms 2016 Annual Guidance of 25% Growth in Restaurant Sales and Adjusted EBITDA – - Increases 2016 Same-Store Sales Guidance from 2.0% to 2.5% - (May 4th, 2016)

SCOTTSDALE, AZ – May 4, 2016 ─ Kona Grill, Inc. (NASDAQ: KONA), an American grill and sushi bar, reported financial results for the first quarter ended March 31, 2016. The Company also reaffirmed 2016 restaurant sales, Adjusted EBITDA and annual development guidance and raised its annual same-store sales outlook.