0001140361-13-031229 Sample Contracts

1,500,000 Shares EINSTEIN NOAH RESTAURANT GROUP, INC. COMMON STOCK, PAR VALUE $0.001 PER SHARE UNDERWRITING AGREEMENT

Underwriting Agreement • August 9th, 2013 • Greenlight Capital LLC • Retail-eating places • New York

• Contract Type
  Underwriting Agreement
• Filed
  August 9th, 2013
• Company
  Greenlight Capital LLC
• Industry
  Retail-eating places
• Jurisdiction
  New York

The stockholders of Einstein Noah Restaurant Group, Inc., a Delaware corporation (the “Company”) named in Schedule I hereto (each a “Selling Shareholder” and collectively, the “Selling Shareholders”), severally propose to sell to Morgan Stanley & Co. LLC (“Morgan Stanley”), as the sole underwriter (the “Underwriter”), an aggregate of 1,500,000 shares of common stock, par value $0.001 per share, of the Company (the “Shares”).