RECITALSSettlement Agreement • December 29th, 1997 • Good Times Restaurants Inc • Retail-eating places
AMENDED AND RESTATED CREDIT AGREEMENT Dated as of April 20, 2023 among GOOD TIMES RESTAURANTS INC., as the Borrower, THE SUBSIDIARIES OF THE BORROWER PARTY HERETO, as the Guarantors, CADENCE BANK, as Administrative Agent and L/C Issuer, and THE...Credit Agreement • April 26th, 2023 • Good Times Restaurants Inc. • Retail-eating places • New York
IN WITNESS WHEREOF this Agreement has been executed the the day and year first above written. GOOD TIMES RESTAURANTS, INC. By: President - Boyd Hoback ROUND THE CORNER RESTAURANTS, INC., a Delaware CorporationAcquisition Agreement • October 16th, 1995 • Good Times Restaurants Inc • Retail-eating places
Plan #004 NONSTANDARDIZED ADOPTION AGREEMENT PROTOTYPE CASH OR DEFERRED PROFIT- SHARING PLAN AND TRUST/CUSTODIAL ACCOUNT Sponsored by WELLS FARGO BANK, N.A.Good Times Restaurants Inc • August 6th, 1998 • Retail-eating places
COMMON STOCK PURCHASE WARRANT GOOD TIMES RESTAURANTS INC.Good Times Restaurants Inc • June 27th, 2013 • Retail-eating places • Nevada
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Maxim Partners LLC or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date that is 180 days from the effective date of the Registration Statement (the “Initial Exercise Date”) and on or prior to the close of business on the three (3) year anniversary of the effective date of the Registration Statement (the “Termination Date”) but not thereafter, to subscribe for and purchase from Good Times Restaurants Inc., a Nevada corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
ANDOffice Lease • December 18th, 1998 • Good Times Restaurants Inc • Retail-eating places • Colorado
AMENDED AND RESTATED SECURITY AND PLEDGE AGREEMENTSecurity and Pledge Agreement • April 26th, 2023 • Good Times Restaurants Inc. • Retail-eating places
THIS AMENDED AND RESTATED SECURITY AND PLEDGE AGREEMENT (this “Agreement”) is entered into as of April 20, 2023 among GOOD TIMES RESTAURANTS INC., a Nevada corporation (the “Borrower”), the other parties identified as “Grantors” on the signature pages hereto and such other parties that may become “Grantors” hereunder after the date hereof (together with the Borrower, each individually a “Grantor”, and collectively, the “Grantors”) and CADENCE BANK, in its capacity as administrative agent (in such capacity, the “Administrative Agent”) for the Secured Parties.
GOOD TIMES RESTAURANTS INC. UNDERWRITING AGREEMENTUnderwriting Agreement • August 21st, 2013 • Good Times Restaurants Inc • Retail-eating places • New York
Good Times Restaurants Inc., a Nevada corporation (the “Company”), confirms its agreement, subject to the terms and conditions set forth herein, with each of the underwriters listed on Schedule A hereto (collectively, the “Underwriters”), for whom Maxim Group LLC is acting as representative (in such capacity, the “Representative”), to sell and issue to the Underwriters an aggregate of 2,200,000 shares (the “Shares”) of common stock, par value $0.001 per share, of the Company (“Common Stock”), A warrants to purchase an aggregate of 2,200,000 shares of Common Stock at an exercise price equal to $2.75 per share (an “A Warrant”) and B Warrant to purchase an aggregate of 1,100,000 shares of Common Stock at an exercise price equal to $2.50 per share (a “B Warrant” and, together with the A Warrant, the “Warrants”). Each Share shall be accompanied by an A Warrant to purchase one additional share of Common Stock and by a B Warrant to purchase one-half additional share of Common Stock (the Commo
RECITALSConvertible Preferred Stock • December 29th, 1997 • Good Times Restaurants Inc • Retail-eating places
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • April 10th, 2020 • Good Times Restaurants Inc. • Retail-eating places • Colorado
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (“Agreement”) between Ryan M. Zink (the “Executive”) and Good Times Restaurants Inc. (“Good Times”) is made and entered into this 6th day of April, 2020 (the “Effective Date”).
MASTER LEASE AGREEMENTMaster Lease Agreement • February 5th, 1996 • Good Times Restaurants Inc • Retail-eating places • Colorado
GOOD TIMES RESTAURANTS INC. UNDERWRITING AGREEMENTUnderwriting Agreement • June 27th, 2013 • Good Times Restaurants Inc • Retail-eating places • New York
Good Times Restaurants Inc., a Nevada corporation (the “Company”), confirms its agreement, subject to the terms and conditions set forth herein, with each of the underwriters listed on Exhibit A hereto (collectively, the “Underwriters”), for whom Maxim Group LLC is acting as representative (in such capacity, the “Representative”), to sell and issue to the Underwriters an aggregate of ________ shares (the “Shares”) of common stock, par value $0.001 per share, of the Company (“Common Stock”) and warrants (each, a “Warrant” and collectively, the “Warrants”) to purchase an aggregate of _____ shares of Common Stock at an exercise price equal to $____. Each Share shall be accompanied by a Warrant to purchase an additional one-half share of Common Stock (collectively, a “Unit”).
GOOD TIMES RESTAURANTS INC.Pro Forma Financial Information • April 28th, 2015 • Good Times Restaurants Inc • Retail-eating places
On April 24, 2015 we entered into a Membership Interest Purchase Agreement to purchase from five sellers all of the membership interests in Bad Daddy’s International, LLC.
EXHIBIT 7.3 SECOND AMENDED AND RESTATED SERIES B WARRANT AGREEMENT THIS SECOND AMENDED AND RESTATED SERIES B WARRANT AGREEMENT (this "Agreement"), dated effective as of February 10, 1999, is between GOOD TIMES RESTAURANTS INC., a Nevada corporation...Warrant Agreement • April 7th, 1999 • Good Times Restaurants Inc • Retail-eating places • Colorado
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 3rd, 2005 • Good Times Restaurants Inc • Retail-eating places • Colorado
SECURITIES PURCHASE AGREEMENT (this "Agreement"), dated as of __________, 2004, by and among Good Times Restaurants Inc., a Nevada corporation (the "Company"), and each of the parties set forth on the signature pages hereto (the "Investors").
EXHIBIT A REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 17th, 2010 • Good Times Restaurants Inc • Retail-eating places • Nevada
This Registration Rights Agreement (the "Agreement") is made and entered into as of this 13 day of December, 2010, by and between Good Times Restaurants Inc., a Nevada corporation (the "Company"), and Small Island Investments Limited, a Bermuda corporation (the "Investor").
Lessor agrees to warrant and defend Lessee in the quiet enjoyment and possession of the Leased Premises during the term of this Lease. 4. PAYMENT OF RENTOffice Lease • February 5th, 1996 • Good Times Restaurants Inc • Retail-eating places
July 14, 1994 Mr. Boyd E. Hoback Good Times Restaurants Inc. 8620 Wolff Court, Suite 330 Westminster, CO 80030 Dear Boyd: This letter will set forth our agreement with respect to your continued employment by Good Times Restaurants Inc. (the...Good Times Restaurants Inc • February 5th, 1996 • Retail-eating places
Revolving Line of Credit)Loan Agreement • July 2nd, 2008 • Good Times Restaurants Inc • Retail-eating places • Colorado
THIS AMENDED AND RESTATED LOAN AGREEMENT (as it may hereafter be amended, supplemented, extended or renewed from time to time, the "Agreement") is made as of July 1, 2008 by and among PFGI II, LLC., a Colorado limited liability company, (the "Lender"), GOOD TIMES DRIVE THRU, INC., a Colorado corporation ("Borrower") and GOOD TIMES RESTAURANTS INC., a Nevada corporation ("Co-Maker").
EXHIBIT 7.2 FOURTH AMENDED AND RESTATED WARRANT AGREEMENT THIS FOURTH AMENDED AND RESTATED WARRANT AGREEMENT (this "Agreement"), dated effective as of February 10, 1999, is between GOOD TIMES RESTAURANTS INC., a Nevada corporation (the "Company") and...Warrant Agreement • April 7th, 1999 • Good Times Restaurants Inc • Retail-eating places • Colorado
RECITALSConvertible Preferred Stock Purchase Agreement • January 13th, 1997 • Good Times Restaurants Inc • Retail-eating places
CONSENT AND FORBEARANCE AGREEMENTConsent and Forbearance Agreement • April 20th, 2020 • Good Times Restaurants Inc. • Retail-eating places
Re: Credit Agreement, dated as of September 8, 2016 (as amended, modified, extended, restated, replaced, or supplemented in writing from time to time, the “Credit Agreement”), by and among Good Times Restaurants Inc., a Nevada corporation (the “Borrower”), the Guarantors, the Lenders from time to time party thereto and Cadence Bank, National Association, as administrative agent (the “Administrative Agent”).
SUPPLEMENTAL STOCK RESTRICTION AND REGISTRATION RIGHTS AGREEMENTSupplemental Stock Restriction And • January 3rd, 2005 • Good Times Restaurants Inc • Retail-eating places
This Supplemental Stock Restriction and Registration Rights Agreement (the "Supplemental Agreement") dated as of ________________, 2004, is made by and among Good Times Restaurants Inc., a Nevada corporation (the "Company"), and each of the parties set forth in the signature pages hereto (the "Investors").
STOCK RESTRICTION AND REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 3rd, 2005 • Good Times Restaurants Inc • Retail-eating places • Nevada
This Stock Restriction and Registration Rights Agreement dated as of December ____, 2004 (the "Agreement") is by and among Good Times Restaurants Inc., a Nevada corporation (the "Company"), and each of the undersigned investors (the "Investors") in shares of the Company's Series B Convertible Preferred Stock, $0.001 par value per share (the "Series B Preferred Stock").
SECOND AMENDED AND RESTATED TERM NOTEGood Times Restaurants Inc • December 28th, 2011 • Retail-eating places • Colorado
FOR VALUE RECEIVED, each of the undersigned GOOD TIMES RESTAURANTS INC. and GOOD TIMES DRIVE THRU INC. (together, "Borrower") jointly and severally promises to pay to the order of WELLS FARGO BANK, NATIONAL ASSOCIATION ("Bank") at its office at Denver, Colorado, or at such other place as the holder hereof may designate, in lawful money of the United States of America and in immediately available funds, the principal sum of Four Hundred Seventy Thousand Eight Hundred Seventy-Four Dollars ($470,874.00), with interest thereon as set forth herein.
AMENDMENT TO SUPPLEMENTAL AGREEMENTSupplemental Agreement • October 16th, 2012 • Good Times Restaurants Inc • Retail-eating places
This AMENDMENT TO SUPPLEMENTAL AGREEMENT (this “Amendment”) is made by and between Good Times Restaurants Inc. (the “Company”) and Small Island Investments Limited (the “Investor”), to amend the Supplemental Agreement dated as of September 28, 2012 (the “Supplemental Agreement”) between the Company and the Investor. Capitalized terms used but not otherwise defined in this Amendment shall have the meanings given to such terms in the Supplemental Agreement.
TERM NOTEGood Times Restaurants Inc • December 21st, 2001 • Retail-eating places
FOR VALUE RECEIVED, the undersigned Good Times Restaurants Inc., a Nevada corporation, Good Times Drive Thru Inc., a Colorado corporation, and Fast Restaurants Co-Development LLLP, a Colorado limited liability limited partnership (co-debtors hereinafter referred to as "Debtor") promises to pay to General Electric Capital Business Asset Funding Corporation ("GE Capital") or order, the principal sum of ONE MILLION, ONE HUNDRED NINETY-NINE THOUSAND, SEVEN HUNDRED TWENTY-TWO HUNDRED DOLLARS AND SEVENTY CENTS ($1,199,722.70) together with interest from the date of disbursement by GE Capital until maturity on the principal balance from time to time remaining unpaid thereon at the rate of 7.83% per annum (computed on the basis of a 360-day year of twelve consecutive 30-day months) in installments as follows: Eighty-Four (84) installments including both principal and interest, each in the amount of $18,597.69 payable commencing December 28, 2001 and monthly thereafter.
FORM OF PLEDGE AGREEMENTForm of Pledge Agreement • April 28th, 2015 • Good Times Restaurants Inc • Retail-eating places • North Carolina
THIS PLEDGE AGREEMENT (the “Agreement”) is effective as of _________, 2015, and entered into between BAD DADDY’S INTERNATIONAL, LLC, a North Carolina limited liability company (“Pledgor”) and a wholly-owned subsidiary of GOOD TIMES RESTAURANTS, INC., a Nevada corporation (“Parent”), and JOSEPH F. SCIBELLI (“Agent”). Agent has been appointed by Sellers to act on their behalf and for their benefit with respect to this Agreement and their rights in and to the Collateral hereunder. This Agreement is given (i) in connection with that certain Promissory Note of even date herewith executed by Parent (the “Note”) and payable to Sellers and (ii) pursuant to the terms and conditions of that certain Membership Interest Purchase Agreement, dated as of April 24, 2015, by and among Parent, Sellers and the other parties thereto (the “Purchase Agreement”). Each capitalized term used but not defined herein shall have the same meaning given to such term in the Purchase Agreement.
GOOD TIMES RESTAURANTS INC. 2,420,705 SHARES COMMON STOCK UNDERWRITING AGREEMENTUnderwriting Agreement • May 7th, 2015 • Good Times Restaurants Inc • Retail-eating places • New York
Good Times Restaurants Inc., a Nevada corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell an aggregate of 2,420,705 shares of the Company’s common stock, par value $0.001 per share (the “Common Stock”), to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom Janney Montgomery Scott LLC (“Janney”) and Stephens Inc. (“Stephens” and, collectively with Janney, the “Representatives”) are serving as representatives. The 2,420,705 shares of Common Stock to be sold to the Underwriters by the Company on the Closing Date (as defined below) are referred to herein as the “Firm Shares.” The respective amounts of the Firm Shares to be purchased by the several Underwriters are set forth opposite their names in Schedule I hereto. The Firm Shares shall be offered to the public at a public offering price of $8.15 per Firm Share (the “Offering Price”).
AMENDED AND RESTATED PROMISSORY NOTE (Revolving Line of Credit)Promissory Note • July 2nd, 2008 • Good Times Restaurants Inc • Retail-eating places
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND WAIVER OF DEFAULTSCredit Agreement • December 28th, 2011 • Good Times Restaurants Inc • Retail-eating places
THIS FIRST AMENDMENT (this "Amendment"), dated as of December 27, 2011, is entered into by and among GOOD TIMES RESTAURANTS INC., a Nevada corporation ("GTR"), and GOOD TIMES DRIVE THRU INC., a Colorado corporation ("GTDT" and, together, with GTR, "Borrower"), and WELLS FARGO BANK, NATIONAL ASSOCIATION ("Bank").
AGREEMENTAgreement • May 7th, 2014 • Good Times Restaurants Inc • Retail-eating places
In consideration of my designation as a member of the Board of Directors of Good Times Restaurants Inc. (the “Company”) within thirty days of my purchase of at least 500,000 shares of the Company’s common stock from Small Island Investments, and my receipt of confidential information with respect to the Company, I hereby agree that for the period ending the earlier of September 30, 2015 or the date upon which I cease being a Director of the Company, neither I nor any affiliate of mine, shall (i) acquire any shares of capital stock of the Company which would increase my direct or indirect ownership to more than 1,500,000 shares, or (ii) participate in or encourage, directly or indirectly, through the provision of information or otherwise, any transaction intended to result in a change of control of the Company, defined as a change in majority of the members of the Board of Directors, without the consent to such acquisition or participation by the Board of Directors of the Company. For p
First Amendment to Second Amended and Restated Employment AgreementEmployment Agreement • September 30th, 2022 • Good Times Restaurants Inc. • Retail-eating places
THIS First Amendment to Second Amended and Restated Employment Agreement (the “First Amendment) between Ryan M. Zink (the “Executive”) and Good Times Restaurants Inc. (“Good Times” and together with the Executive, the “Parties” and each a “Party”) is made and entered into this 28th day of September, 2022 (the “Effective Date”).
TRANSITION SERVICES AGREEMENTTransition Services Agreement • April 28th, 2015 • Good Times Restaurants Inc • Retail-eating places • Delaware
This Transition Services Agreement (this “Agreement”) dated this 24th day of April, 2015 (the “Effective Date”) is entered into among Good Times Restaurants, Inc., a Nevada corporation (“Buyer”), and FS Food Group, LLC, a North Carolina limited liability company (“Company”). Each of Buyer and Company are sometimes hereinafter referred to as a “Party” and collectively as the “Parties.”
SUBSCRIPTION AGREEMENTSubscription Agreement • April 15th, 2013 • Good Times Restaurants Inc • Retail-eating places
THE UNDERSIGNED, Good Times Restaurants Inc., a Nevada corporation (“Subscriber”), hereby (i) irrevocably subscribes (this "Subscription") for four thousand eight hundred (4,800) Class A Units of Bad Daddy’s Franchise Development, LLC, a North Carolina limited liability company (the “Company”), and (ii) agrees to pay the subscription price for the Class A Units of Seven Hundred Fifty Thousand and No/100 Dollars ($750,000.00) (the “Subscription Price”). The Subscription Price shall be payable in two equal installments as follows: (i) one half of the Subscription Price shall be delivered to the Company in immediately available funds on the date Subscriber executes this Subscription Agreement (the “Effective Date”), and (ii) the remaining balance of the Subscription Price shall be delivered to the Company in immediately available funds on or before the six (6) month anniversary of the Effective Date.
