AGENCY AND ASSIGNMENT AGREEMENT AND AMENDMENT NO. 1 TO THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTSAgency and Assignment Agreement • November 12th, 2010 • EPL Intermediate, Inc. • Retail-eating places • New York
This AGENCY AND ASSIGNMENT AGREEMENT AND AMENDMENT NO. 1 TO THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS (this “Agreement”), dated as of October 21, 2010, is entered into by and is among GE CAPITAL FINANCIAL INC., a Utah industrial loan corporation (“GECFI”; and in its capacities as the successor Administrative Agent (as such term and each other capitalized term used but not defined herein having the meaning given to it in the Credit Agreement described below) and as the successor Collateral Agent, collectively, the “Successor Agent”), JEFFERIES FINANCE LLC (“Jefferies”; and in its capacities as the existing Administrative Agent and as the existing Collateral Agent, collectively, the “Existing Agent”), the Lenders signatory hereto, Jefferies, as the existing Issuing Bank (in such capacity, the “Existing Issuing Bank”), GECFI as the successor Issuing Bank (in such capacity, the “Successor Issuing Bank), EL POLLO LOCO, INC., as the borrower (“Borrower”) and EPL INTERMEDIATE, INC., a
