Blue Clay Capital Management, LLC Sample Contracts

APPOINTMENT AND NOMINATION AGREEMENT
Appointment and Nomination Agreement • November 29th, 2013 • Blue Clay Capital Management, LLC • Retail-eating places

This Appointment and Nomination Agreement (this “Agreement”) dated November 27, 2013, is by and among the persons and entities listed on Schedule A (collectively, the “Blue Clay Group”, and individually a “member” of the Blue Clay Group), Famous Dave’s of America, Inc. (together with its subsidiaries, the “Company”) and Adam Wright, in his individual capacity and as a member of the Blue Clay Group (the “Blue Clay Designee”).

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FIRST AMENDMENT TO APPOINTMENT AND NOMINATION AGREEMENT
Appointment and Nomination Agreement • January 15th, 2014 • Blue Clay Capital Management, LLC • Retail-eating places

This First Amendment to Appointment and Nomination Agreement (this “Amendment”) dated January 10, 2014, amends that certain Appointment and Nomination Agreement (the “Agreement”) dated November 27, 2013, by and among the persons and entities listed on Schedule A (collectively, the “Blue Clay Group”, and individually a “member” of the Blue Clay Group), Famous Dave’s of America, Inc. (together with its subsidiaries, the “Company”) and Adam Wright, in his individual capacity and as a member of the Blue Clay Group (the “Blue Clay Designee”). Capitalized terms used in this Amendment and not otherwise defined shall have the meanings ascribed to them in the Agreement.

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