Ark Restaurants Corp Sample Contracts

AGREEMENT
Agreement • December 28th, 1995 • Ark Restaurants Corp • Retail-eating places • New York
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JOINT FILING AGREEMENT PURSUANT TO RULE 13d-1(k)(1) ----------------------------
Joint Filing Agreement • September 4th, 2003 • Ark Restaurants Corp • Retail-eating places

The undersigned acknowledge and agree that the foregoing statement on Schedule 13G is filed on behalf of each of the undersigned and that all subsequent amendments to this statement on Schedule 13G shall be filed on behalf of each of the undersigned without the necessity of filing additional joint filing agreements. The undersigned acknowledge that each shall be responsible for the timely filing of such amendments, and for the completeness and accuracy of the information concerning it contained therein, but shall not be responsible for the completeness and accuracy of the information concerning the others, except to the extent that it knows or has reason to believe that such information is inaccurate. This Agreement may be executed in any number of counterparts and all of such counterparts taken together shall constitute one and the same instrument.

EXHIBIT 10.4
Credit Agreement • December 29th, 1999 • Ark Restaurants Corp • Retail-eating places • New York
EXHIBIT 10.11
Ark Restaurants Corp • December 28th, 2001 • Retail-eating places
ARTICLE 1 DESCRIPTION AND LOCATION OF PREMISES
Lease Agreement • December 18th, 1998 • Ark Restaurants Corp • Retail-eating places • Nevada
EXHIBIT 99.1 AGREEMENT OF JOINT FILING Bonanza Master Fund, Ltd., Bonanza Capital, Ltd. Bernay Box & Co., Inc. and Bernay Box agree that the Schedule 13G to which this Agreement is attached, and all future amendments to such Schedule 13G, shall be...
Ark Restaurants Corp • March 8th, 2004 • Retail-eating places

Bonanza Master Fund, Ltd., Bonanza Capital, Ltd. Bernay Box & Co., Inc. and Bernay Box agree that the Schedule 13G to which this Agreement is attached, and all future amendments to such Schedule 13G, shall be filed on behalf of each of them. This Agreement is intended to satisfy the requirements of Rule 13d-l (k)(l) under the Securities Exchange Act of 1934, as amended. This agreement may be executed in any number of counterparts, each of which shall be deemed to be in original, but all of which together shall constitute one and the same instrument.

NON-STATUTORY STOCK OPTION AGREEMENT
Non-Statutory Stock Option Agreement • October 12th, 2018 • Ark Restaurants Corp • Retail-eating places • New York

THIS NON-STATUTORY STOCK OPTION AGREEMENT is made as of _______, 2010, by and between Ark Restaurants Corp., a New York corporation having its principal executive offices at 85 Fifth Avenue, New York, NY 10003 (the “Grantor”), and _______________ an individual residing at [___________________________] (the “Optionee”).

SECOND AMENDED AND RESTATED CREDIT AGREEMENT (REVOLVING FACILITY) between ARK RESTAURANTS CORP. and BANK HAPOALIM B.M. dated as of March 30, 2023
Credit Agreement • April 5th, 2023 • Ark Restaurants Corp • Retail-eating places • New York

This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (REVOLVING FACILITY) is made and entered into as of the date set forth above by and between ARK RESTAURANTS CORP., a New York corporation (“Borrower”), and BANK HAPOALIM B.M. (“Bank”) and amends and restates the Prior Agreement (as hereinafter defined). For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Borrower and Bank hereby agree as follows:

ASSET PURCHASE AGREEMENT
Asset Purchase Agreement • November 16th, 2016 • Ark Restaurants Corp • Retail-eating places • Alabama

THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is entered into as of the _____ day of October, 2016 (the “Effective Date”) by and among Premium Properties, Inc., an Alabama corporation, (“Real Estate Seller”), Ark Gulf Shores Real Estate, LLC, a Delaware limited liability company (“Real Estate Buyer”), Original Oyster House, Inc., an Alabama corporation (“Asset Seller”), and Ark Oyster House Gulf Shores I, LLC, a Delaware limited liability company (“Asset Buyer”).

W I T N E S S E T H:
Ark Restaurants Corp • December 28th, 1995 • Retail-eating places
SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • December 15th, 2011 • Ark Restaurants Corp • Retail-eating places • New York

THIS SECURITIES PURCHASE AGREEMENT, dated as of December 9, 2011 (this “Agreement”) is by and among Ark Restaurants Corp., a New York corporation (the “Company”), and the Estate of Irving Hershkowitz (the “Seller”). The Company and the Seller are collectively referred to herein as the “Parties,” and each is a “Party.”

FORM OF DIRECTOR AND OFFICER INDEMNIFICATION AGREEMENT
Form of Director and Officer Indemnification Agreement • July 5th, 2022 • Ark Restaurants Corp • Retail-eating places • Delaware

THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of __________ between Ark Restaurants Corp., a Delaware corporation (the “Company”), and each respective Director and Officer of the Company (“Indemnitee”). Capitalized terms not defined elsewhere in this Agreement are used as defined in Section 13.

INCENTIVE STOCK OPTION AGREEMENT
Incentive Stock Option Agreement • October 12th, 2018 • Ark Restaurants Corp • Retail-eating places • New York

THIS INCENTIVE STOCK OPTION AGREEMENT is made as of _______, 2018, by and between Ark Restaurants Corp., a New York corporation having its principal executive offices at 85 Fifth Avenue, New York, NY 10003 (the “Grantor”), and _______________ an individual residing at [___________________________] (the “Optionee”).

TERM PROMISSORY NOTE
Ark Restaurants Corp • October 28th, 2015 • Retail-eating places

FOR VALUE RECEIVED, the undersigned, ARK RESTAURANTS CORP., a New York corporation, (“Borrower”) hereby absolutely and unconditionally promises to pay to the order of BANK HAPOALIM B.M. (“Bank”):

RESTAURANT ASSET PURCHASE AGREEMENT
Restaurant Asset Purchase Agreement • October 28th, 2015 • Ark Restaurants Corp • Retail-eating places • Florida

THIS RESTAURANT ASSET PURCHASE AGREEMENT (this “Agreement”) is entered into as of the 10th day of August, 2015 (the “Effective Date”) by and among OCEAN ENTERPRISES, INC., a Florida corporation (“Restaurant Asset Seller”), and ARK SHUCKERS, LLC, a Delaware limited liability company (“Restaurant Asset Buyer”). Restaurant Asset Seller is sometimes herein referred to as “Seller” and Restaurant Asset Buyer is sometimes herein referred to herein as “Buyer”.

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RIDER TO COMMERCIAL CONTRACT
Commercial Contract • October 28th, 2015 • Ark Restaurants Corp • Retail-eating places

This Rider to Commercial Contract (“Rider”) has been executed by Ark Shuckers Real Estate, LLC, a Delaware limited liability company (“Buyer”) and D.C. Holding Company, Inc., a Florida corporation (“Seller”) and shall amend and/or supplement that certain Commercial Contract executed by Buyer and Seller of even date herewith relating to the Property described therein (the “Contract”).

ROFR PURCHASE AND SALE AGREEMENT
Rofr Purchase and Sale Agreement • November 16th, 2016 • Ark Restaurants Corp • Retail-eating places

THIS ROFR PURCHASE AND SALE AGREEMENT (this “Agreement”) is made and entered into as of October 13, 2016 (the “ROFR PSA Effective Date”), by and between SCFRC- HW-G, LLC, a Delaware limited liability company (“Seller”), and ARK JUPITER RI, LLC, a Delaware limited liability company (“Purchaser”).

ASSET PURCHASE AGREEMENT
Asset Purchase Agreement • November 26th, 2013 • Ark Restaurants Corp • Retail-eating places • Florida

THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is entered into as of November 22, 2013 (the “Effective Date”) by and among W AND O, Inc., a Florida corporation (“Seller”), and Ark Rustic Inn LLC, a Delaware limited liability company, or its designee or assignee (“Buyer”) with reference to the following:

CREDIT AGREEMENT (TERM FACILITY)
Credit Agreement • October 28th, 2015 • Ark Restaurants Corp • Retail-eating places • New York

THIS CREDIT AGREEMENT (TERM FACILITY) is made and entered into as of the date set forth above by and between ARK RESTAURANTS CORP., a New York corporation (“Borrower”), and BANK HAPOALIM B.M. (“Bank”). For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Borrower and Bank hereby agree as follows:

SECOND AMENDMENT TO CREDIT AGREEMENT (REVOLVING FACILITY) Dated as of: November 30, 2016
Credit Agreement • January 27th, 2017 • Ark Restaurants Corp • Retail-eating places • New York

THIS SECOND AMENDMENT TO CREDIT AGREEMENT (REVOLVING FACILITY) (“this Amendment”) is made and entered into as of the date set forth above (the “date hereof”) by and between ARK RESTAURANTS CORP., a New York corporation (“Borrower”), and BANK HAPOALIM B.M. (“Bank”).

PURCHASE AGREEMENT
Purchase Agreement • October 28th, 2015 • Ark Restaurants Corp • Retail-eating places • Florida

THIS PURCHASE AGREEMENT (this “Agreement”) is entered into as of the 10th day of August, 2015 (the “Effective Date”) by and among ISLAND BEACH RESORT, INC., a Florida corporation (“Property Management Seller”), and ARK ISLAND BEACH RESORT, LLC, a Delaware limited liability company (“Property Management Buyer”). Property Management Seller is sometimes herein referred to as “Seller” and Property Management Buyer is sometimes herein referred to herein as “Buyer”.

EXHIBIT 10.12
Ark Restaurants Corp • December 28th, 2001 • Retail-eating places
AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (REVOLVING FACILITY) Dated as of: May 15, 2019
Credit Agreement • December 17th, 2019 • Ark Restaurants Corp • Retail-eating places

This AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (REVOLVING FACILITY) (“this Amendment”) is made and entered as of the date set forth above (the “date hereof”) by and between ARK RESTAURANTS CORP., a New York corporation, (“Borrower”) and BANK HAPOALIM B.M. (“Bank”) and amends that certain Amended and Restated Credit Agreement (Revolving Facility), dated as of June 1, 2018, between Borrower and Bank (the “Credit Agreement”, the capitalized terms used but not otherwise defined herein being used herein as therein defined). For good and valuable consideration (the receipt and adequacy of which are hereby acknowledged), Borrower and Bank hereby agree as follows:

September 4, 2018 Anthony J. Sirica 51-01 Redfield Street Douglaston, NY 11362 Dear Anthony:
Letter Agreement • September 7th, 2018 • Ark Restaurants Corp • Retail-eating places • New York

This letter agreement (the “Agreement”) is entered into between Ark Restaurants Corp. (the “Company” or “Ark”) and Anthony J. Sirica (“Employee”. “you” or “your”). This Agreement is effective as of September 4, 2018 (“Effective Date”). The purpose of this Agreement is to specify your treatment upon certain terminations of employment.

SECOND AMENDED AND RESTATED SECURITY AGREEMENT Dated as of: March 30, 2023
Security Agreement • April 5th, 2023 • Ark Restaurants Corp • Retail-eating places • New York

This SECOND AMENDED AND RESTATED SECURITY AGREEMENT (“this Agreement”) is made, as of the date set forth above (the “date hereof”), by ARK RESTAURANTS CORP., a New York corporation (“Borrower” or “Grantor”), having an address at 85 Fifth Avenue, New York, New York 10036, in favor of BANK HAPOALIM B.M. (“Bank”), having an address at 1120 Avenue of the Americas, New York, New York 10036-2079.

NON-STATUTORY STOCK OPTION AGREEMENT
Non-Statutory Stock Option Agreement • March 9th, 2010 • Ark Restaurants Corp • Retail-eating places • New York

THIS NON-STATUTORY STOCK OPTION AGREEMENT is made as of _______, 2010, by and between Ark Restaurants Corp., a New York corporation having its principal executive offices at 85 Fifth Avenue, New York, NY 10003 (the “Grantor”), and ________ _______ an individual residing at [___________________________] (the “Optionee”).

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