GUARANTY OF PAYMENTSmith & Wollensky Restaurant Group Inc • January 31st, 2006 • Retail-eating places
WHEREAS, THE SMITH & WOLLENSKY RESTAURANT GROUP, INC., a Delaware corporation, having an office at 1114 First Avenue, New York, New York 10021 (the “Borrower”), has applied to MORGAN STANLEY DEAN WITTER COMMERCIAL FINANCIAL SERVICES, INC., a Delaware corporation, having an office at 2000 Westchester Avenue, Purchase, New York 10577 (the “Lender”), for a line of credit (the “Loan”), which Loan will be (a) evidenced by the Note, and (b) advanced pursuant to the Loan Agreement, each as defined in Exhibit A attached hereto;
DEED OF TRUSTDeed of Trust • January 31st, 2006 • Smith & Wollensky Restaurant Group Inc • Retail-eating places • New York
THIS DEED OF TRUST (this “Deed of Trust”) is made as of the 27th day of January 2006, by DALLAS S&W, L.P., a Texas limited partnership, having an address at c/o The Smith & Wollensky Restaurant Group, Inc. (the “Grantor”), 1114 First Avenue, New York, New York 10021 to CHRISTOPHER MAYROSE (“Trustee”), for the benefit of MORGAN STANLEY DEAN WITTER COMMERCIAL FINANCIAL SERVICES, INC., a Delaware corporation, having an address at 2000 Westchester Avenue, Purchase, New York 10577 (the “Beneficiary”).
JOINT AND SEVERAL HAZARDOUS MATERIAL GUARANTY AND INDEMNIFICATION AGREEMENTGuaranty and Indemnification Agreement • January 31st, 2006 • Smith & Wollensky Restaurant Group Inc • Retail-eating places
WHEREAS, MORGAN STANLEY DEAN WITTER COMMERCIAL FINANCIAL SERVICES, INC., a Delaware corporation, having an office at 2000 Westchester Avenue, Purchase, New York 10577 (the “Lender”) has agreed to extend a line of credit (the “Loan”) to THE SMITH & WOLLENSKY RESTAURANT GROUP, INC., a Delaware corporation, having an office at 1114 First Avenue, New York, New York 10021 (the “Borrower”), which Loan will be (a) evidenced by the Note, (b) guaranteed as to payment pursuant to the Guaranty, which Guaranty shall be secured by, among other things, the Deed of Trust and (c) advanced pursuant to the Loan Agreement, all as defined in Exhibit A attached hereto; and
LINE OF CREDIT AGREEMENT Dated as of January 27, 2006 Between THE SMITH & WOLLENSKY RESTAURANT GROUP, INC. as Borrower, and DALLAS S&W, L.P. as Guarantor and MORGAN STANLEY DEAN WITTER COMMERCIAL FINANCIAL SERVICES, INC. as LenderTerm Loan Agreement • January 31st, 2006 • Smith & Wollensky Restaurant Group Inc • Retail-eating places • New York
LINE OF CREDIT AGREEMENT, dated as of January __, 2006 between THE SMITH & WOLLENSKY RESTAURANT GROUP, INC., a Delaware corporation (the “Borrower”), Dallas S&W, L.P., a Texas limited partnership ((the “Guarantor”) and MORGAN STANLEY DEAN WITTER COMMERCIAL FINANCIAL SERVICES, INC., a Delaware corporation (the “Lender”).
