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SEC Filings

8-K
COSI INC filed this Form 8-K on 02/13/2017
Entire Document
 

c.
upon receipt of Fast Casual’s payment of the Unpaid Fees, Cosi shall withdraw the Notice of Default;

d.
Fast Casual acknowledges and affirms its obligation to pay all fees owing under the MFA when they are due and that it will not withhold payment of any amounts owed to Cosi based on Cosi’s alleged failure to perform any of its obligations under the Fast Casual MFA;

e.
The Panama MFA and all personal guarantees related thereto are terminated and of no further force or effect;

f.
Cosi waives its right to any sums due under the Panama MFA, including, without limitation, the $50,000.00 Development  Fee due under the Panama MFA;

g.
Cosi and Fast Casual agree to amend the FC MFA by including the provision as set forth in the Settlement Agreement entitled “Termination by Developer,” which allows Fast Casual, provided that Fast Casual is in compliance with its obligations under the FC MFA, to terminate the FC MFA post-confirmation or sale (as applicable) in the event that the Franchisor under the FC MFA (i) commits a material breach of its obligations as they are expressly delineated in the FC MFA and (ii) fails to cure any such breach within sixty (60) days after Fast Casual notifies the Franchisor of the breach in accordance with the FC MFA;

h.
Fast Casual further agrees to (i) withdraw the Cure Claim (and the proofs of claim discussed in footnote 4 herein) and not assert any other claim in the Debtors’ bankruptcy cases and (ii) subject to solicitation in accordance with the Bankruptcy Code, accept and otherwise fully support any Chapter 11 plan of Cosi that is not inconsistent with the Settlement Agreement;
 
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