On September 27, 2023, Chuy?s Holdings, Inc. (the ?Company?) entered into an Amended and Restated Credit Agreement (the ?A&R Credit Facility?), by and among the Company, as borrower, the subsidiaries of the Company, as guarantors, the lenders party thereto from time to time and JPMorgan Chase Bank, N.A. (?JPM?), as administrative agent. The A&R Credit Facility amends and restates the Credit Agreement, dated July 30, 2021 as amended by that certain Amendment No. 1 to the Credit Agreement, dated as of June 30, 2023.

The A&R Credit Facility matures on September 27, 2026, unless the Company exercises its option to voluntarily and permanently reduce all of the commitments before the maturity date. The A&R Credit Facility provides the Company with an aggregate principal commitment of up to $25.0 million for revolving credit loans, with sublimits of $5.0 million for letters of credit and $5.0 million for swingline loans. Subject to conditions provided in the A&R Credit Facility, the A&R Credit Facility may be increased up to an additional $35.0 million at the Company?s option if the lenders agree to increase their commitments.

Revolving credit loans under the A&R Credit Facility accrue interest at a per annum rate equal to, at the Company?s election, either the term secured overnight financing rate (?Term SOFR?) plus 0.10% (the ?Adjusted Term SOFR Rate?), plus a margin of 1.50% to 2.00%, depending on the Company?s consolidated total lease adjusted leverage ratio, or a base rate (with a 1.0% floor) determined according to the highest of (a) the prime rate, (b) the federal funds rate plus 0.50% or (c) the Adjusted Term SOFR Rate for a one-month period, plus 1.0%, plus a margin of 0.50% to 1.00%, depending on the Company?s consolidated total lease adjusted leverage ratio. An unused commitment fee at a rate of 0.30% applies to unutilized borrowing capacity under the A&R Credit Facility. Amounts owing under the A&R Credit Facility may be prepaid at any time without premium or penalty, subject to customary breakage costs in the case of borrowings with respect to which a Term SOFR rate election is in effect.

The A&R Credit Facility contains representations and warranties, affirmative and negative covenants and events of default that the Company considers customary for an agreement of this type, including covenants setting a maximum consolidated total lease adjusted leverage ratio and a minimum fixed charge coverage ratio. If an event of default occurs, the lenders may terminate the commitments under the A&R Credit Facility and require the immediate repayment of all outstanding borrowings and the cash collateralization of all outstanding letters of credit under the A&R Credit Facility. The A&R Credit Facility is guaranteed by the Company?s subsidiaries and the obligations under the A&R Credit Facility are, subject to some exceptions, secured by a continuing security interest in substantially all of the assets of the Company and its subsidiary guarantors.

JPM may in the future from time to time perform investment banking, financial advisory, lending or commercial banking services for the Company and its subsidiaries and affiliates, for which it may in the future receive, customary compensation and reimbursement of expenses.