Common use of Subclass Clause in Contracts

Subclass. International Noteholders. This subclass of Secured Creditors includes the holders of the debt issued under the instrument called “Indenture”, dated August 14, 2020, entered into between Enjoy, as issuer, its guarantor subsidiaries, UMB Bank N.A., as representative of the International Noteholders (hereinafter, the “Trustee”), and Lord Securities Corporation, as collateral agent, complemented by the instruments named: (i) “Supplemental Indenture No. 1” dated January 4, 2022; (ii) “Supplemental Indenture No. 2” dated September 23, 2022; (iii) “Supplemental Indenture No. 3” dated January 4, 2023; (iv) “Supplemental Indenture No. 4” dated January 12, 2023; (v) “Supplemental Indenture No. 5” dated January 25, 2023; and (vi) “Supplemental Indenture No. 6” dated November 20, 2023 (hereinafter, the “Indenture”), relating to the secured notes due 2027 (Senior Secured Notes due 2027) that were placed by the Company and which consider the existence of two tranches of Notes, called Tranche A (Tranche A) and Tranche B (Tranche B) (hereinafter, the “International Notes” and the holders thereof or their beneficial owners, the “International Noteholders”).1 The International Notes are identical in all respects, except for the following: (i) the International Tranche A Notes have priority to be early redeemed in the event of mandatory early redemption resulting from the sale of the assets that secure the International Notes under the terms indicated in the Indenture; and (ii) in the event that the Company enters into liquidation, the Tranche A International Notes shall be entitled to elect to be paid in full (both their principal due and accrued and unpaid interest) before any payment is made to the Tranche B International Notes, all of the foregoing, under the terms described in the Indenture.