Attached files
file | filename |
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8-K - FORM 8-K - BOB EVANS FARMS INC | l41269e8vk.htm |
EX-10.2 - EX-10.2 - BOB EVANS FARMS INC | l41269exv10w2.htm |
EX-10.1 - EX-10.1 - BOB EVANS FARMS INC | l41269exv10w1.htm |
Exhibit 10.3
REAFFIRMATION OF GUARANTY
Mimis Cafe, LLC, a Delaware limited liability company (Guarantor), hereby: (i)
consents to the execution of the Line of Credit Note in the principal amount of $45,000,000, dated
December 1, 2010 (the Note), by Bob Evans Farms, Inc., an Ohio corporation
(Borrower), payable to the order of JPMorgan Chase Bank, N.A. (Bank); (ii)
ratifies and reaffirms the Continuing Guaranty, dated September 30, 2008 (the Guaranty),
made by Guarantor in favor of Bank, which includes the guaranty of amounts payable under the Note
and with respect to letters of credit issued by Bank for the account of Borrower; (iii)
acknowledges and agrees that Guarantor is not released from its obligations under the Guaranty by
reason of the Note, (iv) represents and warrants that there are no defenses, offsets or
counterclaims to the Guaranty; and (v) represents and warrants that there are no defaults by the
Guarantor under the provisions of the Guaranty.
This Reaffirmation of Guaranty shall not be construed, by implication or otherwise, as
imposing any requirement that Bank notify or seek the consent of Guarantor relative to any past or
future extension of credit, or modification, extension or other action with respect thereto, in
order for any such extension of credit or modification, extension or other action with respect
thereto to be subject to the Guaranty, it being expressly acknowledged and reaffirmed that
Guarantor has under the Guaranty consented, among others things, to modifications, extensions and
other actions with respect thereto without any notice thereof or further consent thereto.
Mimis Cafe, LLC, a Delaware limited liability company |
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By: | /s/ Tod P. Spornhauer | |||
Name: | Tod P. Spornhauer | |||
Title: | Manager, Assistant Treasurer and Assistant Secretary |
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Date: December 1, 2010 |