CREDIT AGREEMENT dated as of March 19, 2014, among STEAK N SHAKE OPERATIONS, INC., as Borrower, and THE SUBSIDIARY GUARANTORS PARTY HERETO, as Guarantors, THE LENDERS PARTY HERETO, JEFFERIES FINANCE LLC, as Syndication Agent, Documentation Agent, Book...Credit Agreement • March 21st, 2014 • Biglari Holdings Inc. • Retail-eating places • New York
This CREDIT AGREEMENT (this “Agreement”), dated as of March 19, 2014, among Steak n Shake Operations, Inc., an Indiana corporation (“Borrower”), the Subsidiary Guarantors (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), the Lenders, Jefferies Finance LLC and Fifth Third Bank, as joint lead arrangers (in such capacity, the “Arrangers”), Jefferies Finance LLC, as book manager (in such capacity, the “Book Manager”), as documentation agent for the Lenders (in such capacity, the “Documentation Agent”), as syndication agent (in such capacity, the “Syndication Agent”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) and as collateral agent for the Secured Parties (in such capacity, the “Collateral Agent”), and Fifth Third Bank, as swingline lender for the Lenders (in such capacity, the “Swingline Lender”) and as issuing bank for the Lenders (in such capacity, the “Issuing Bank”).
SECURITY AGREEMENT By STEAK N SHAKE OPERATIONS, INC., as Borrower, and THE SUBSIDIARY GUARANTORS PARTY HERETO, as Pledgors, and JEFFERIES FINANCE LLC, as Collateral Agent Dated as of March 19, 2014Security Agreement • March 21st, 2014 • Biglari Holdings Inc. • Retail-eating places • New York
This SECURITY AGREEMENT, dated as of March 19, 2014 (as amended, amended and restated, supplemented or otherwise modified from time to time in accordance with the provisions hereof, this “Agreement”), made by Steak n Shake Operations, Inc., an Indiana corporation (“Borrower”), and the Subsidiary Guarantors (as defined in the Credit Agreement) from time to time party hereto by execution of this Agreement or otherwise by execution of a Joinder Agreement (Borrower, together with the Subsidiary Guarantors, as pledgors, assignors and debtors and together with any successors, the “Pledgors,” and each, a “Pledgor”), in favor of Jefferies Finance LLC, in its capacity as collateral agent pursuant to the Credit Agreement (as hereinafter defined), as pledgee, assignee and secured party (in such capacities and together with any successors in such capacities, the “Collateral Agent”).
