THIRD AMENDMENT AGREEMENTThird Amendment Agreement • March 11th, 2005 • New World Restaurant Group Inc • Retail-eating places
THIRD AMENDMENT AGREEMENT, dated as of February 11, 2005 (this “Agreement”), to the Loan and Security Agreement, dated as of July 8, 2003 (as amended, supplemented or modified from time to time in accordance with its terms, the “Loan Agreement”), among the financial institutions named therein (the “Lenders”), AmSouth Bank, as agent (in such capacity, together with any successor in such capacity, the “Agent”), AmSouth Capital Corp., as administrative agent (in such capacity, together with any successor in such capacity, the “Administrative Agent”), New World Restaurant Group, Inc., a Delaware corporation (“New World”), Manhattan Bagel Company, Inc., a New Jersey corporation (“Manhattan Bagel”), Chesapeake Bagel Franchise Corp., a New Jersey corporation (“Chesapeake Bagel”), Willoughby’s Incorporated, a Connecticut corporation (“Willoughby’s”), Einstein and Noah Corp., a Delaware corporation (“Einstein”), Einstein/Noah Bagel Partners, Inc., a California corporation (“Einstein/Noah”) and
SECOND AMENDED AND RESTATED PROJECT AND APPROVED SUPPLIER AGREEMENT As of April 28, 2002 among NEW WORLD RESTAURANT GROUP, INC., EINSTEIN AND NOAH CORP., MANHATTAN BAGEL COMPANY, INC., HARLAN BAGEL SUPPLY COMPANY, LLC, HARLAN BAKERIES, INC., HAL P....Supplier Agreement • March 11th, 2005 • New World Restaurant Group Inc • Retail-eating places • Colorado
This amended and restated project and approved supplier agreement (the “Agreement”) is made and entered into as of this 28th day of April, 2002 by and among New World Restaurant Group, Inc., a Delaware corporation (“NWRG”), Einstein and Noah Corp., a Delaware corporation (“ENC”), Manhattan Bagel Company, Inc., a New Jersey corporation (“MBC”), Harlan Bagel Supply Company, LLC, an Indiana limited liability company (the “Supplier”), Harlan Bakeries, Inc., an Indiana corporation (“Harlan”), Hal P. Harlan, Hugh P. Harlan and Doug H. Harlan. The Supplier and Harlan are herein sometimes collectively referred to as the “Harlan Companies”, and Hal P. Harlan, Hugh P. Harlan and Doug H. Harlan are herein sometimes collectively referred to as the “Harlans.”
