AMENDMENT NO.5 TO BRIDGE LOAN AGREEMENT
Exhibit 10.1
AMENDMENT NO. 5 TO BRIDGE LOAN AGREEMENT
AMENDMENT NO. 5 TO BRIDGE LOAN AGREEMENT (Amendment), dated effective September 30, 2009, is made by and among Granite City Food & Brewery Ltd. (Granite City), and Granite City Restaurant Operations, Inc. (GCROI) and Harmony Equity Income Fund, L.L.C. and Harmony Equity Income Fund II, L.L.C., each South Dakota limited liability companies.
RECITALS
A. This Amendment amends the Bridge Loan Agreement by and among the foregoing parties dated March 30, 2009 (as amended, the Agreement).
B. All capitalized terms used in this Amendment and not otherwise defined shall have the meanings set forth in the Agreement.
C. The parties hereto desire to extend the date by which the Lenders are required to make additional loans to the Borrowers.
In consideration of the foregoing, the parties hereto agree as follows:
1. Loans. The reference to September 30, 2009 in Section 2.1 of the Agreement is hereby replaced with October 31, 2009.
2. Remainder of Agreement. Except as provided herein, the terms of the Agreement unaffected by the Amendment shall remain in full force and effect.
[Signature Pages Follow]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date first above written.
BORROWERS: | GRANITE CITY FOOD & BREWERY LTD. | |
|
|
|
|
|
|
| By: | /s/ James G. Gilbertson |
|
| Name: James G. Gilbertson |
|
| Its: Chief Financial Officer |
|
| |
| Address for Notices: | |
| 5402 Parkdale Drive, Suite 101 | |
| Minneapolis, MN 55416 | |
|
| |
|
| |
| GRANITE CITY RESTAURANT OPERATIONS, INC. | |
|
| |
|
|
|
| By: | /s/ James G. Gilbertson |
|
| Name: James G. Gilbertson |
|
| Its: Chief Financial Officer |
|
| |
| Address for Notices: | |
| 5402 Parkdale Drive, Suite 101 | |
| Minneapolis, MN 55416 | |
|
| |
|
| |
ADMINISTRATIVE AGENT: | HARMONY EQUITY INCOME FUND, L.L.C. | |
|
|
|
|
|
|
| By: | /s/ Eugene E. McGowan |
| Name: Eugene E. McGowan | |
| Managing Member | |
| McGowan Capital Group, LLC | |
| Managing Member of Harmony Equity Income Fund, L.L.C. | |
| Address for Notices: | |
| 201 S. Phillips Avenue, Suite 100 | |
| Sioux Falls, SD 57104 |
2
LENDERS: | HARMONY EQUITY INCOME FUND II, L.L.C. | |
|
|
|
|
|
|
| By: | /s/ Eugene E. McGowan |
| Name: Eugene E. McGowan | |
| Managing Member | |
| McGowan Capital Group, LLC | |
| Managing Member of Harmony Equity Income Fund II, L.L.C. | |
| Address for Notices: | |
| 201 S. Phillips Avenue, Suite 100 | |
| Sioux Falls, SD 57104 | |
|
| |
|
| |
| HARMONY EQUITY INCOME FUND, L.L.C. | |
|
|
|
|
|
|
| By: | /s/ Eugene E. McGowan |
| Name: Name: Eugene E. McGowan | |
| Managing Member | |
| McGowan Capital Group, LLC | |
| Managing Member of Harmony Equity Income Fund, L.L.C. | |
| Address for Notices: | |
| 201 S. Phillips Avenue, Suite 100 | |
| Sioux Falls, SD 57104 |
3