ASSET PURCHASE AND SALE AGREEMENT by and among COSI, INC., a Delaware corporation, and COSI SANDWICH BAR, INC., a Delaware corporation, (collectively, “Seller”) and CAPITOL C HOLDINGS LLC, a Delaware limited liability company, and CAPITOL C...Asset Purchase and Sale Agreement • April 30th, 2010 • Cosi Inc • Retail-eating places • Delaware
THIS ASSET PURCHASE AND SALE AGREEMENT (this “Agreement”) is made as of April [ ], 2010, by and among COSÌ, INC., a Delaware corporation (“Cosi”), having its principal offices at 1751 Lake Cook Road, Suite 600, Deerfield, Illinois 60015, and COSÌ SANDWICH BAR, INC., a Delaware corporation and wholly-owned subsidiary of Cosi (“Cosi Sandwich Bar” and together with Cosi, “Seller”) on the one hand, and CAPITOL C HOLDINGS LLC, a Delaware limited liability company (“Holdings”) having its principal offices at c/o Capitol Q Restaurants LLC, 152 West 57th Street, 46th Floor, New York, New York 10019, and CAPITOL C RESTAURANTS LLC, a Delaware limited liability company and wholly-owned subsidiary of Holdings (“Capitol C Restaurants” and, together with Holdings, “Purchaser”), on the other hand.
