201300076
<br /> EXHIBIT B
<br /> LESSOR CONSENT
<br /> This Lessor Consent (hereinafter "Consent"), effective as of , 2012, by and
<br /> between , whose address is (together with its successors and assigns,
<br /> the "Administrative Agent"), (hereinafter "Lessee") and (hereinafter
<br /> "Lessor")
<br /> RECITALS
<br /> WHEREAS, Lessor is the owner of the real property described by address on Exhibit"A" attached
<br /> hereto (the"Premises"),
<br /> WHEREAS, the Premises is legally described on Exhibit"B" attached hereto;
<br /> WHEREAS, the Premises has been leased by Lessor to Lessee by Lease dated
<br /> (the"Lease");
<br /> WHEREAS, the term "Lease" as used herein shall include the defined term New Lease (as
<br /> hereinafter defined), as appropriate for the context used;
<br /> WHEREAS, (the "Borrower") has or shall enter into certain financing
<br /> arrangements with Administrative Agent and certain lenders under that certain Credit Agreement dated
<br /> December , 2012 by and among Administrative Agent, the lenders thereunder and Borrower (the
<br /> "Credit Agreement")with respect to the restaurants located on the Premises; and
<br /> WHEREAS, to secure the obligations of Borrower under the Credit Agreement, as the same may
<br /> be amended, extended, renewed, restated or consolidated, Lessee has granted to Administrative Agent
<br /> for the benefit of the lenders thereunder, a lien on and security interests in certain trade fixtures,
<br /> machinery and equipment of Lessee, whether now owned or hereafter acquired, located on or used in
<br /> connection with the restaurant located on the Premises, and Lessee either has executed or will be
<br /> executing an assignment of lease, a leasehold mortgage, a leasehold deed to secure debt or a leasehold
<br /> deed of trust assigning and conveying to the Administrative Agent, for the benefit of the lenders under the
<br /> credit agreement, Lessee's rights, title and interest in and to the Lease and its leasehold interest in the
<br /> Premises;
<br /> NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
<br /> are hereby acknowledged, the parties hereto agree as follows:
<br /> Lessor consents to Lessee's assignment and encumbrance of Lessee's leasehold
<br /> interest by a mortgage, deed of trust, deed to secure debt, assignment of lease or other security
<br /> agreement, and any and all extensions, renewals and amendments thereto (hereinafter the "Security
<br /> Instrument") in favor of Administrative Agent for its benefit and the ratable benefit of other lenders
<br /> (collectively, with their respective successors and assigns, the"Lenders")to secure loans and other financial
<br /> accommodations and extensions of credit, as the same may be amended, extended, renewed, restated
<br /> or consolidated to the Borrower, Lessee or its affiliates.
<br /> 2 Lessor and Lessee affirm that as of the date of this Consent, the Lease is in full force and
<br /> effect and no default or ground for termination thereof exists.
<br /> 3. (a) Without the further consent of Lessor, Administrative Agent or one or more of the
<br /> Lenders (or a designee or nominee of Administrative Agent or the Lenders approved by Lessor in its
<br /> 4824-7107-7650 1
<br /> STORE/Concord
<br /> SNDA
<br /> 721 Diers Ave, Grand Island, NE 68803
<br /> File No.7210/02-81 13
<br />
|