AMENDMENT NO.5 TO BRIDGE LOAN AGREEMENT

Contract Categories: Business Finance - Loan Agreements
EX-10.1 2 a09-29758_1ex10d1.htm EX-10.1

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