LIMITED WAIVER AND FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 2nd, 2011 • Real Mex Restaurants, Inc. • Retail-eating & drinking places
THIS LIMITED WAIVER AND FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is entered into as of the 27th day of July, 2011, by and among (a) RM RESTAURANT HOLDING CORP., a Delaware corporation (“Holdings”), (b) REAL MEX RESTAURANTS, INC., a Delaware corporation (the “Company), (c) THE BANKS, FINANCIAL INSTITUTIONS AND OTHER ENTITIES PARTY THERETO FROM TIME TO TIME AS LENDERS SIGNATORY HERETO (the “Lenders”) and (d) WILMINGTON TRUST, NATIONAL ASSOCIATION (AS SUCCESSOR TO WILMINGTON TRUST FSB), as administrative agent for the Lenders (in such capacity and together with its successors, the “Administrative Agent”).
LIMITED WAIVER AND SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 2nd, 2011 • Real Mex Restaurants, Inc. • Retail-eating & drinking places
THIS LIMITED WAIVER AND SECOND AMENDMENT TO CREDIT AGREEMENT (this “Agreement”) is entered into as of the 27th day of July, 2011, by and among (a) RM RESTAURANT HOLDING CORP., a Delaware corporation (“Holdings”), (b) THE BANKS, FINANCIAL INSTITUTIONS AND OTHER ENTITIES PARTY THERETO FROM TIME TO TIME AS LENDERS (the “Lenders”) and (c) WILMINGTON TRUST, NATIONAL ASSOCIATION (AS SUCCESSOR TO WILMINGTON TRUST FSB), as administrative agent for the Lenders (in such capacity and together with its successors, the “Administrative Agent”).
LIMITED WAIVER AND AMENDMENT NO. 6 TO SECOND AMENDED AND RESTATED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • August 2nd, 2011 • Real Mex Restaurants, Inc. • Retail-eating & drinking places
THIS LIMITED WAIVER AND AMENDMENT NO. 6 TO SECOND AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT (this “Agreement”) is entered into as of the 27th day of July, 2011, by and among (a) REAL MEX RESTAURANTS, INC., formerly known as Acapulco Acquisition Corp., a Delaware corporation (“Real Mex”), ACAPULCO RESTAURANTS, INC., a Delaware corporation (“ARI”), EL TORITO FRANCHISING COMPANY, a Delaware corporation (“ETFI”), EL TORITO RESTAURANTS, INC., a Delaware corporation (“ETRI”), TARV, INC., a California corporation (“TARV”), ACAPULCO RESTAURANT OF VENTURA, INC., a California corporation (“ARV”), ACAPULCO RESTAURANT OF WESTWOOD, INC., a California corporation (“ARW”), ACAPULCO MARK CORP., a Delaware corporation (“AMC”), MURRAY PACIFIC, a California corporation (“MP”), ALA DESIGN, INC., a California corporation (“ALAD”), REAL MEX FOODS, INC., formerly known as ALA Foods, Inc., a California corporation (“RMF”), ACAPULCO RESTAURANT OF DOWNEY, INC., a California corporation (“ARD”), ACAPULCO R
REAL MEX RESTAURANTS, INC., EACH OF THE GUARANTORS PARTY HERETO and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee SECOND SUPPLEMENTAL INDENTURE Dated as of July 27, 2011 To INDENTURE Dated as of July 7, 2009Supplemental Indenture • August 2nd, 2011 • Real Mex Restaurants, Inc. • Retail-eating & drinking places • New York
SECOND SUPPLEMENTAL INDENTURE, dated as of July 27, 2011 (this “Second Supplemental Indenture”), is entered into by and among Real Mex Restaurants, Inc., a Delaware corporation (the “Company”), the undersigned Guarantors and Wells Fargo Bank, National Association, as Trustee (the “Trustee”) under that certain Indenture, dated as of July 7, 2009, entered into by and among the parties hereto and supplemented by that certain First Supplemental Indenture, dated as of June 28, 2010 entered into by and among the parties hereto (as so supplemented, the “Indenture”). This Second Supplemental Indenture amends and supplements the Indenture as hereinafter provided. All capitalized terms used but not defined herein shall have the meanings ascribed to them in the Indenture.
