INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • August 12th, 2008 • Buca Financing LLC • Retail-eating places • New York
This INTERCREDITOR AND SUBORDINATION AGREEMENT is entered into as of August 5, 2008, between WELLS FARGO FOOTHILL, INC., a California corporation, as agent for the Senior Lenders (“Senior Agent”), and BUCA FINANCING, LLC, as agent for the Subordinated Lenders (“Subordinated Agent”), in light of the following:
BAY HARBOUR MANAGEMENT, L.C. New York, NY 10022 August 5, 2008Buca Financing LLC • August 12th, 2008 • Retail-eating places • New York
Bay Harbour Management, L.C. (the “Fund”) is pleased to offer this commitment, subject to the terms and conditions contained herein, to provide financing to you, Planet Hollywood International, Inc. (“Planet Hollywood”), for the sole purpose of acquiring, directly or indirectly, all of the equity interests of BUCA, Inc. (the “Target”) at a price per share of $0.45 (the “Acquisition”).
