Exhibit 4.2 MERITAGE HOSPITALITY GROUP INC. SUBSCRIPTION AGREEMENT ---------------------- Agreement entered into this ____ day of ________, 19__, between Meritage Hospitality Group Inc. and the undersigned Investor. 1. GENERAL. This Agreement sets...Subscription Agreement • February 28th, 1997 • Meritage Hospitality Group Inc /Mi/ • Hotels & motels • Michigan
BY AND BETWEENLoan and Security Agreement • October 11th, 2000 • Meritage Hospitality Group Inc /Mi/ • Retail-eating places • Illinois
EXHIBIT 10.30 PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (this "AGREEMENT") is made this 9th day of December, 2003, between Meritage Hospitality Group, Inc., a Michigan corporation ("SELLER"), whose address is 1971 East Beltline...Purchase and Sale Agreement • February 27th, 2004 • Meritage Hospitality Group Inc • Retail-eating places • Michigan
LOAN AGREEMENT AMONG MERITAGE HOSPITALITY GROUP INC. ST. CLAIR INN, INC. GRAND HARBOR RESORT INC. THOMAS EDISON INN, INCORPORATED, MHG FOOD SERVICE INC. GRAND HARBOR YACHT CLUB INC., AS OBLIGORS AND GREAT AMERICAN LIFE INSURANCE COMPANY, AS LENDERLoan Agreement • February 28th, 1997 • Meritage Hospitality Group Inc /Mi/ • Hotels & motels • Ohio
EXHIBIT 10.31 WARRANT AGREEMENT MERITAGE HOSPITALITY GROUP INC. (the "Company"), and LASALLE BANK, National Association (the "Warrant Agent"), agree as follows: 1. Purpose. The Company proposes to issue 208,333 Class A Warrants (the "Class A...Warrant Agreement • February 27th, 2004 • Meritage Hospitality Group Inc • Retail-eating places • Michigan
EXHIBIT 10.25 [O'CHARLEY'S INC. LOGO] O'CHARLEY'S INC. OPERATING AGREEMENTOperating Agreement • February 27th, 2004 • Meritage Hospitality Group Inc • Retail-eating places • Tennessee
ARTICLE 1.Loan Agreement • February 29th, 1996 • Edison Thomas Inns Inc • Hotels & motels • Ohio
Loan No.____ ____, Michigan PROMISSORY NOTE ---------------Meritage Hospitality Group Inc /Mi/ • October 14th, 1998 • Hotels & motels • Michigan
Exhibit 10.18 BUSINESS LOAN AGREEMENT THIS BUSINESS LOAN AGREEMENT ("Loan Agreement") is made on December 18, 2003, by and between MERITAGE HOSPITALITY GROUP INC. ("Borrower"), a corporation organized under the laws of the State of Michigan, whose...Business Loan Agreement • February 27th, 2004 • Meritage Hospitality Group Inc • Retail-eating places • Michigan
WAIVER, THIRD AMENDMENT AND --------------------------- MODIFICATION AGREEMENT ----------------------Modification Agreement • October 14th, 1998 • Meritage Hospitality Group Inc /Mi/ • Hotels & motels
EXHIBIT 10.24 [O'CHARLEY'S INC. LOGO] O'CHARLEY'S INC. DEVELOPMENT AGREEMENTDevelopment Agreement • February 27th, 2004 • Meritage Hospitality Group Inc • Retail-eating places
MORTGAGE --------Meritage Hospitality Group Inc /Mi/ • October 14th, 1998 • Hotels & motels • Michigan
Exhbit 10.19 SECURITY AGREEMENT THIS AGREEMENT ("Agreement") is made on December 18, 2003, by and between the Grantor, as herein defined, and Standard Federal Bank N.A., a national banking association ("Bank"), whose address is 2600 West Big Beaver...Security Agreement • February 27th, 2004 • Meritage Hospitality Group Inc • Retail-eating places • Michigan
Loan Nos. _____________ All located in Michigan SECURITY AGREEMENT ------------------ THIS SECURITY AGREEMENT ("Agreement") is made as of the _____ day of ________________________, 1998, by WM LIMITED PARTNERSHIP - 1998 D/B/A WENDY'S OF MICHIGAN, a...Security Agreement • October 14th, 1998 • Meritage Hospitality Group Inc /Mi/ • Hotels & motels • Michigan
RECITALSIndemnification Agreement • February 27th, 2002 • Meritage Hospitality Group Inc /Mi/ • Retail-eating places • Michigan
Loan No. ______ ______, Michigan PROMISSORY NOTE ---------------Meritage Hospitality Group Inc /Mi/ • October 14th, 1998 • Hotels & motels • Michigan
Loan No. ________ ________ Michigan CONSTRUCTION LOAN AGREEMENT --------------------------- THIS CONSTRUCTION LOAN AGREEMENT ("Agreement") is made this _____ day of _____________, 1998, between WM LIMITED PARTNERSHIP - 1998 D/B/A WENDY'S OF MICHIGAN,...Construction Loan Agreement • October 14th, 1998 • Meritage Hospitality Group Inc /Mi/ • Hotels & motels • Michigan
GUARANTY --------Meritage Hospitality Group Inc /Mi/ • July 14th, 1999 • Hotels & motels • Illinois
EXHIBIT 10.29 FIRST AMENDMENT TO STOCK REDEMPTION AGREEMENT This is the First Amendment to the Stock Redemption Agreement dated September 10, 2003, by and among MERITAGE HOSPITALITY GROUP INC., a Michigan corporation whose address is 1971 East...Stock Redemption Agreement • February 27th, 2004 • Meritage Hospitality Group Inc • Retail-eating places
CONSENT AGREEMENT ----------------- This CONSENT AGREEMENT (hereinafter the "CONSENT AGREEMENT") is made in Dublin, Ohio, as of the date set forth below, by and among WENDY'S INTERNATIONAL, INC., an Ohio corporation (hereinafter "WENDY'S"); WENDY'S OF...Consent Agreement • July 15th, 1997 • Meritage Hospitality Group Inc /Mi/ • Hotels & motels • Ohio
MORTGAGE NOTEMortgage Note • June 18th, 1998 • Meritage Hospitality Group Inc /Mi/ • Hotels & motels
4. Amendment to $5,250,000 Note. Effective as of the date hereof, the third paragraph of the Promissory Note relating to the Five Million Two Hundred Fifty Thousand and 00/100 Dollars ($5,250,000.00) Loan is hereby amended and restated, in its...And Modification Agreement • November 12th, 1997 • Meritage Hospitality Group Inc /Mi/ • Hotels & motels
Exhibit 10.17 AMENDMENT TO AGREEMENT AND CONSENT ---------------------------------- This AMENDMENT TO AGREEMENT AND CONSENT ("AMENDMENT") is made in Dublin, Ohio, as of the date set forth below, by and among WENDY'S INTERNATIONAL INC., an Ohio...Agreement and Consent • February 27th, 2002 • Meritage Hospitality Group Inc /Mi/ • Retail-eating places • Ohio
AGREEMENT ---------Agreement • October 14th, 1998 • Meritage Hospitality Group Inc /Mi/ • Hotels & motels • Michigan
Exhibit 10.11 OFFICER INDEMNIFICATION AGREEMENT --------------------------------- This Agreement is made this_____day of_______, 19___ by MERITAGE HOSPITALITY GROUP INC., a Michigan corporation (the "Company"), and (name) , the (title) of the Company...Officer Indemnification Agreement • February 27th, 1998 • Meritage Hospitality Group Inc /Mi/ • Hotels & motels • Michigan
CONSTRUCTION LOAN AGREEMENT (CONTINUED)Construction Loan Agreement • February 24th, 2006 • Meritage Hospitality Group Inc • Retail-eating places • Michigan
1 QUALIFIED RETIREMENT PLAN AND TRUST ====================================================================== Basic Plan Document 2 TABLE OF CONTENTSQualified Retirement Plan And • July 15th, 1997 • Meritage Hospitality Group Inc /Mi/ • Hotels & motels
PASS-THROUGH AGREEMENTPass-Through Agreement • September 30th, 2004 • Meritage Hospitality Group Inc • Retail-eating places • Michigan
This Pass-Through Agreement (this “Agreement”) is made this 19th day of August, 2004, between Meritage Hospitality Group Inc., a Michigan corporation, whose address is 1971 East Beltline Ave., N.E., Suite 200, Grand Rapids, Michigan, 49525 (“Meritage”), and Robert E. Schermer, Jr., a Michigan resident, whose address is 475 Golf Road, S.E., Grand Rapids, Michigan 49546 (“Schermer”).
PURCHASE AGREEMENTPurchase Agreement • December 3rd, 2004 • Meritage Hospitality Group Inc • Retail-eating places • Michigan
This Purchase Agreement (the “Agreement”) is made by and between WM Limited Partnership – 1998, a Michigan limited partnership (“Seller”), and ________________________________, a ____________________________________ (“Buyer”). The “Effective Date” of this Agreement shall be the date this Agreement is signed by Seller, if Seller is the last to sign, or by Buyer, if Buyer is the last to sign.
GUARANTY AGREEMENT (Address)Guaranty Agreement • October 16th, 2002 • Meritage Hospitality Group Inc /Mi/ • Retail-eating places • Arizona
THIS GUARANTY (“Guaranty”) is made as of September ____, 2002, by MERITAGE HOSPITALITY GROUP INC., a Michigan corporation (“Guarantor”), whose mailing address is 1971 East Beltline NE, Suite 200, Grand Rapids, Michigan 49525, in favor of GE CAPITAL FRANCHISE FINANCE CORPORATION, a Delaware corporation, its successors and assigns ( “Lender”), whose address is 17207 North Perimeter Drive, Scottsdale, Arizona 85255, with reference to the recitals set forth below.
MORTGAGEIndenture • July 14th, 1999 • Meritage Hospitality Group Inc /Mi/ • Hotels & motels
MERITAGE HOSPITALITY GROUP INC. MANAGEMENT EQUITY INCENTIVE PLAN INCENTIVE OPTION AGREEMENTIncentive Plan Incentive Option Agreement • December 16th, 2005 • Meritage Hospitality Group Inc • Retail-eating places
MORTGAGE (CONTINUED)Mortgage • February 24th, 2006 • Meritage Hospitality Group Inc • Retail-eating places • Michigan
THIS MORTGAGE DATED __________________, IS MADE AND EXECUTED BETWEEN OCM DEVELOPMENT, LLC, A MICHIGAN LIMITED LIABILITY COMPANY, WHOSE ADDRESS IS 1971 E. BELTLINE AVENUE, SUITE 200, GRAND RAPIDS, MI 49525 (REFERRED TO BELOW AS "GRANTOR") AND INDEPENDENT BANK WEST MICHIGAN, WHOSE ADDRESS IS 4200 E. BELTLINE NE, GRAND RAPIDS, MI 49525 (REFERRED TO BELOW AS "LENDER").
EMPLOYMENT AGREEMENTEmployment Agreement • May 19th, 2005 • Meritage Hospitality Group Inc • Retail-eating places • Michigan
This Employment Agreement (“Agreement”), is made as of the 12th day of April, 2004, by and between OCM Food Service, LLC, a Michigan limited liability company (the “Company”) and Roger Zingle, the Company’s President and Chief Operating Officer (the “Executive”).
PROMISSORY NOTE (CONTINUED)Meritage Hospitality Group Inc • February 24th, 2006 • Retail-eating places
