Supplemental Agreement to Securities Purchase Agreement between Good Times Restaurants Inc. and Small Island Investments Limited
Good Times Restaurants Inc. and Small Island Investments Limited have amended their June 13, 2012 Securities Purchase Agreement. The amendment specifies that the first closing, involving the purchase of 355,451 shares for $1,500,000, occurs immediately, with all conditions considered met. A second closing for 118,483 shares and an additional $500,000 payment must occur by October 12, 2012. If the second closing does not happen, the first closing remains valid. All other terms of the original agreement remain unchanged.
Exhibit 10.1
SUPPLEMENTAL AGREEMENT
With the respect to the June 13, 2012 Securities Purchase Agreement (the “Agreement”) between Good Times Restaurants Inc. (the “Company”) and Small Island Investments Limited (the “Investor”), the Company and the Investor hereby agree as follows:
1. The Closing (as defined in the Agreement) shall take place on this date as to 355,451 Shares (as defined in the Agreement) and as to the payment to the Company of $1,500,000 (the “First Closing”), with all conditions thereto in the Agreement deemed satisfied.
2. The Closing as to the remaining 118,483 Shares and as to the payment of an additional $500,000 to the Company shall take place on or before 5:00 pm Mountain Standard Time on October 12, 2012 (the “Second Closing”) and at the Second Closing the Investor shall be obligated to make such payment and the Company shall be obligated to issue such Shares, with all conditions thereto in the Agreement deemed satisfied.
3. If for any reason the Second Closing shall not occur, the First Closing shall remain in full force and effect irrespective of any provisions to the contrary set forth in the Agreement or in this Supplemental Agreement.
4. Except as set forth in this Supplemental Agreement, (a) the Agreement shall remain in full force and effect, and (b) neither the Company nor the Investor shall be deemed to have waived any rights or claims.
IN WITNESS WHEREOF, the parties hereby have caused this Supplemental Agreement to be duly executed by their respective authorized signatories.
Dated: September 28, 2012.
COMPANY: | ||
GOOD TIMES RESTAURANTS INC. | ||
By: /s/ Boyd E. Hoback | ||
Name: | Boyd E. Hoback | |
Title: | President & CEO | |
INVESTOR: | ||
SMALL ISLAND INVESTMENTS LIMITED | ||
By: /s/ David L. Dobbin | ||
Name: | David L. Dobbin | |
Title: | Chairman |