EXHIBIT 10.4 ------------ TRIARC COMPANIES, INC. 280 PARK AVENUE NEW YORK, NEW YORK 10017 April 30, 2007 Peter W. May c/o Triarc Companies, Inc. 280 Park Avenue New York, New York 10017 Dear Mr. May: This letter agreement reflects the arrangement...Triarc Companies Inc • May 1st, 2007 • Retail-eating & drinking places
EXHIBIT 10.1 ------------ REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 24th, 2007 • Triarc Companies Inc • Retail-eating & drinking places • New York
EXHIBIT 4.3 C.H. PATRICK & CO., INC. and TRIARC COMPANIES, INC.* CREDIT AGREEMENT Dated as of May 16, 1996 INTERNATIONALE NEDERLANDEN (U.S.) CAPITAL CORPORATION, as Administrative Agent THE FIRST NATIONAL BANK OF BOSTON, as Co- Agent * Solely for the...Credit Agreement • March 31st, 1997 • Triarc Companies Inc • Retail-eating & drinking places • New York
AAA" 2.3(A) "Acquired Company(ies)" Preamble "Affiliate" 1.3(A) "Agreement" Intro. Paragraph "Andover Restaurant" 4.1(D)(iii) "Applicable Affiliate" 4.1(P) "Arbitrator" 13.15 "Arrangements" 4.1(M)(ii) "ARVI" Preamble "Assets" 4.2 "Audited Balance...Stock Purchase Agreement • October 13th, 1998 • Unique Casual Restaurants Inc • Retail-eating & drinking places • Massachusetts
1 EXHIBIT 10.30 LEASE AGREEMENTLease Agreement • April 15th, 1997 • Western Country Clubs Inc • Retail-eating & drinking places • Oklahoma
CONSULTING AGREEMENTConsulting Agreement • December 10th, 1996 • Java Group Inc /Cn • Retail-eating & drinking places • Delaware
ESCROW AGREEMENT THIS ESCROW AGREEMENT (this "Agreement") is made and entered into as of November 18, 2005 THE CERTO GROUP CORP. (FORMERLY, NATIONAL DIVERSIFIED SERVICES, INC.), a Delaware corporation (the "Company"); the Buyer(s) listed on the...Escrow Agreement • November 23rd, 2005 • Certo Group Corp. • Retail-eating & drinking places • New Jersey
ARTICLE I PURCHASE AND SALE OF THE MEMBERSHIP INTERESTPurchase Agreement • October 12th, 2006 • Ricks Cabaret International Inc • Retail-eating & drinking places • Texas
COMMON STOCK PURCHASE WARRANT MUSCLE MAKER INC.Muscle Maker, Inc. • November 22nd, 2021 • Retail-eating & drinking places
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, [_________________] or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after November 22, 2021 (the “Initial Exercise Date”) until this Warrant is exercised in full (the “Termination Date”), but not thereafter, to subscribe for and purchase from Muscle Maker Inc., a Nevada corporation (the “Company”), up to [●] shares of common stock, par value $0.0001 per share (the “Common Stock”) (as subject to adjustment hereunder, the “Warrant Shares”). This Warrant was issued pursuant to Sections 2.1 and 2.2 of that certain Securities Purchase Agreement, dated as of November 17, 2021, by and between the Company, the Holder and other purchasers signatory thereto (as may be amended, amended and restated, supplemented or otherwise modified from time to time in accordance with its terms, the “Purchase Agree
BACKGROUNDVoting Agreement • July 23rd, 2004 • DWG Acquisition Group L P • Retail-eating & drinking places • New York
RECITALS:Pledge Agreement • August 16th, 2004 • Empire Resorts Inc • Retail-eating & drinking places • New York
MANAGEMENT AGREEMENT THIS MANAGEMENT AGREEMENT ("Agreement") is made and entered into on this 13th day of February, 2005 (the Effective Date), by and between TOP SHELF ENTERTAINMENT, LLC, a North Carolina limited liability company (the "Owner") and...Management Agreement • February 15th, 2005 • Ricks Cabaret International Inc • Retail-eating & drinking places • Texas
SUBSCRIPTION AGREEMENT FOR PARAISO PRODUCTIONS, INC.Subscription Agreement • April 29th, 2009 • Paraiso Productions, Inc. • Retail-eating & drinking places
EXHIBIT 10.11 LOAN AND SECURITY AGREEMENT MONTICELLO RACEWAY MANAGEMENT, INC. as Borrower,Loan and Security Agreement • December 12th, 2003 • Empire Resorts Inc • Retail-eating & drinking places • New York
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 22nd, 2021 • Muscle Maker, Inc. • Retail-eating & drinking places • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of November 17, 2021, between Muscle Maker Inc., a Nevada corporation (the “Company”), and each purchaser identified on the signature page hereto (including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
EXHIBIT 10.16 EMPIRE RESORTS, INC. SECURITIES PURCHASE AGREEMENT This Securities Purchase Agreement (this "AGREEMENT") is dated as of January 26, 2004, among Empire Resorts, Inc., a Delaware corporation (the "COMPANY"), and the purchasers identified...Securities Purchase Agreement • March 30th, 2004 • Empire Resorts Inc • Retail-eating & drinking places • New York
CUSIP NO. 909 15K 100 SCHEDULE 13D Page 7 of 8 Pages Exhibit A to Amendment No. 17Agreement • November 28th, 2000 • Atticus Partners L P • Retail-eating & drinking places
and BUYERS,Registration Rights Agreement • December 16th, 2002 • Champps Entertainment Inc/ Ma • Retail-eating & drinking places • New York
EXHIBIT 2.1 ----------- AGREEMENT AND PLAN OF MERGER BY AND AMONG DEERFIELD TRIARC CAPITAL CORP., DFR MERGER COMPANY, LLC, DEERFIELD & COMPANY LLCAgreement and Plan of Merger • April 24th, 2007 • Triarc Companies Inc • Retail-eating & drinking places • New York
ANDAsset Purchase Agreement • November 29th, 2000 • Ricks Cabaret International Inc • Retail-eating & drinking places • Texas
Exhibit 4.1 FIRST AMENDMENT TO CREDIT AGREEMENT FIRST AMENDMENT TO CREDIT AGREEMENT (this "Amendment"), dated as of March 23, 1998, among MISTIC BRANDS, INC. ("Mistic", a Delaware corporation, SNAPPLE BEVERAGE CORP. ("Snapple"), a Delaware...Credit Agreement • March 26th, 1998 • Triarc Companies Inc • Retail-eating & drinking places • New York
EXHIBIT 2.6 -----------Asset Purchase Agreement • July 29th, 2005 • Triarc Companies Inc • Retail-eating & drinking places
AMENDMENT NO. 2 TO WARRANT AGREEMENTWarrant Agreement • April 1st, 2002 • Big Buck Brewery & Steakhouse Inc • Retail-eating & drinking places
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 7th, 2022 • SIMPLICITY ESPORTS & GAMING Co • Retail-eating & drinking places
This Agreement is made pursuant to the Securities Purchase Agreement, dated as of the date hereof, between the Company and Holder (the “Purchase Agreement”).
EXHIBIT 10.1 ------------ SERVICES AGREEMENT This SERVICES AGREEMENT (this "AGREEMENT") is made as of April 30, 2007 by and between Triarc Companies, Inc., a Delaware corporation ("TRIARC"), and Trian Fund Management, L.P., a Delaware limited...Services Agreement • May 1st, 2007 • Triarc Companies Inc • Retail-eating & drinking places • New York
JOINT FILING AGREEMENTJoint Filing Agreement • September 16th, 2008 • Triarc Companies Inc • Retail-eating & drinking places
In accordance with Rule 13d-1(f) under the Securities Exchange Act of 1934, as amended, the persons named below agree to the joint filing on behalf of each of them of a statement on Schedule 13D (including amendments thereto) with respect to the Common Shares of Triarc Companies Inc. and further agree that this Joint Filing Agreement be included as an Exhibit to such joint filings. In evidence thereof, the undersigned, being duly authorized, have executed this Joint Filing Agreement this 16th day of September 2008.
EXHIBIT 10.1 SECURITY AGREEMENT THIS SECURITY AGREEMENT (this "AGREEMENT"), dated as of July 26, 2004, is made by EMPIRE RESORTS, INC., a Delaware corporation (the "COMPANY"), and each of its Subsidiaries now or hereafter party hereto (such...Security Agreement • August 16th, 2004 • Empire Resorts Inc • Retail-eating & drinking places • New York
1. PARTIESLease • December 30th, 1996 • Ricks Cabaret International Inc • Retail-eating & drinking places
EXHIBIT 10.1 TRIARC COMPANIES, INC. 280 Park Avenue New York, NY 10017 April 28, 2006 Mr. Francis T. McCarron 7 Poplar Court West Windsor, NJ 08550 Re: Severance Dear Mr. McCarron: This letter agreement (this "Agreement") between you and Triarc...Letter Agreement • May 2nd, 2006 • Triarc Companies Inc • Retail-eating & drinking places • Delaware
Exhibit 10.30 ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement (the "AGREEMENT") is made and entered into as of January 12, 2004, by and between (i) New York Gaming, LLC, a Georgia limited liability company (the...Assignment and Assumption Agreement • March 3rd, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
EXHIBIT 10.1 TRIARC DEERFIELD HOLDINGS, LLC Amendment No. 1 to the Amended and Restated Limited Liability Company Agreement THIS AMENDMENT NO. 1 (this "Amendment") to the Amended and Restated Limited Liability Company Agreement, dated as of November...Limited Liability Company Agreement • November 16th, 2006 • Triarc Companies Inc • Retail-eating & drinking places • Delaware
EXHIBIT 10.16 SEVERANCE AGREEMENT THIS SEVERANCE AGREEMENT ("Agreement") is made as of December 13th, 2004, by and between Caribou Coffee Company, Inc., 3900 Lakebreeze Avenue North, Minneapolis, MN 55429 ("Employer" or the "Company") and Janet Astor,...Severance Agreement • August 25th, 2005 • Caribou Coffee Company, Inc. • Retail-eating & drinking places • Minnesota
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 31st, 2023 • Kisses From Italy Inc. • Retail-eating & drinking places • New Jersey
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of May 24, 2023, by and between KISSES FROM ITALY INC., a Florida corporation, with headquarters located at 80 SW 8th Street, Suite 2000, Miami, Florida 33130 (the “Company”), and JEFFERSON STREET CAPITAL LLC, a New Jersey limited liability company, with its address at 720 Monroe Street, Suite C401B, Hoboken, New Jersey 07030 (the “Buyer”).
SECOND SUPPLEMENT TO FOURTH AMENDED AND RESTATED OPERATING AGREEMENT OF DEERFIELD & COMPANY LLCOperating Agreement • October 5th, 2004 • Triarc Companies Inc • Retail-eating & drinking places • Illinois
THIS SETTLEMENT AGREEMENT is made as of the 6th day of June, 1997, between Triarc Companies, Inc. ("Triarc"), a Delaware corporation, Victor Posner, Security Management Corporation ("SMC"), and APL Corporation ("APL"). W H E R E A S A. There is...Settlement Agreement • August 18th, 1997 • Triarc Companies Inc • Retail-eating & drinking places
