FIRST ALLONGE TO $2,500,000 PROJECT NOTEProject Note • August 9th, 2004 • Boston Restaurant Associates Inc • Retail-eating places
THIS ALLONGE TO PROJECT NOTE (hereafter the “Allonge”) is made and entered into as of the 13th day of February, 2004, between Commerce Bank & Trust Company, a Massachusetts trust company with a principal place of business at 386 Main Street, Worcester, Massachusetts (hereinafter “Lender”) and Boston Restaurant Associates, Inc., a Delaware corporation with offices located in Saugus, Massachusetts (hereinafter “Borrower”) and is firmly affixed to and made a part of a certain Note (Consolidation) in the original principal balance of $2,500,000 dated June 6, 2003 executed and delivered by Borrower in favor of Lender (“Note”).
EMPLOYMENT AGREEMENTEmployment Agreement • August 9th, 2004 • Boston Restaurant Associates Inc • Retail-eating places • Massachusetts
Agreement made effective as of the 23rd day of April, 2004 by and among Boston Restaurant Associates, Inc. (the “Company”), a Delaware corporation with its principal place of business in Saugus, Massachusetts and George R. Chapdelaine (the “Employee”) of Essex County, Massachusetts.
No. 101 STOCK PURCHASE WARRANT Shares 76,000Boston Restaurant Associates Inc • August 9th, 2004 • Retail-eating places • Delaware
THIS CERTIFIES that, for value received, Commerce Bank and Trust Company of Boston, MA (together with any subsequent transferees of all or any portion of this Warrant, the “Holder”), is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe for and purchase from Boston Restaurant Associates, Inc., Inc., a Delaware corporation (hereinafter called the “Company”), at the price set forth in Section 2, up to 76,000 fully paid and nonassessable shares of the Company’s common stock, $.01 par value per share, subject to adjustment as set forth in Section 6 (the “Shares”),
SECOND ALLONGE TO LOAN AGREEMENTLoan Agreement • August 9th, 2004 • Boston Restaurant Associates Inc • Retail-eating places
THIS SECOND ALLONGE TO LOAN AGREEMENT (hereafter the “Allonge”) is made and entered into as of the 13th day of February, 2004, between Commerce Bank & Trust Company, a Massachusetts trust company with a principal place of business at 386 Main Street, Worcester, Massachusetts (hereinafter “Lender”) and Boston Restaurant Associates, Inc., a Delaware corporation with offices located in Saugus, Massachusetts (hereinafter “Borrower”) and is firmly affixed to and made a part of a certain Loan Agreement by and between Borrower and Lender dated as of April 30, 2002, as amended by that certain Allonge to Loan Agreement dated as of August 20, 2003 (hereinafter, as amended, the “Loan Agreement”), which establishes a revolving credit facility (hereinafter “Revolver”) in the maximum principal amount of Three Million Five Hundred Thousand and 00/100 Dollars ($3,500,000.00).
