0001188112-10-001608 Sample Contracts

FIFTH AMENDMENT TO CREDIT AGREEMENT AND AMENDMENT TO CREDIT DOCUMENTS

Credit Agreement • June 11th, 2010 • Benihana Inc • Retail-eating places • North Carolina

• Contract Type
  Credit Agreement
• Filed
  June 11th, 2010
• Company
  Benihana Inc
• Industry
  Retail-eating places
• Jurisdiction
  North Carolina

THIS FIFTH AMENDMENT TO CREDIT AGREEMENT AND AMENDMENT TO CREDIT DOCUMENTS (this “Amendment”), dated as of January 31, 2010 is by and among BENIHANA INC., a Delaware corporation (the “Borrower”), the Domestic Subsidiaries of the Borrower party hereto (collectively, the “Guarantors”), the banks and certain financial institutions party hereto (the “Lenders”) and WACHOVIA BANK, NATIONAL ASSOCIATION, as administrative agent on behalf of the Lenders under the Credit Agreement (as hereinafter defined) (in such capacity, the “Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement, as amended hereby.