Exhibit 10.109
HIBERIA
Member FDIC
March 27, 2006
Sam Goldfinger
The Smith & Wollensky Restaurant Group, Inc.
1114 1 st Avenue
New York, NY 10021
Re:
S&W New Orleans, LLC
Dear Mr. Goldfinger:
As a condition of the approval of
the $2,000,000.00 loan made to S&W New Orleans, LLC on
May 26, 2004, a Business Loan Agreement was executed of even
date containing numerous Events of Default. One such even is as
follows:
DEBT SERVICE COVERAGE COVENANT.
Borrower covenants and agrees with Lender that as long as this Note
is in effect, Borrower shall maintain, at all times, a Debt Service
Coverage of no less than 1.10X, where “Debt Service
Coverage” is the result of the following formula: Cash Flow
divided by Debt Service, where Cash Flow means the net income
(loss) of Borrower for a period, plus any interest expense, plus
any tax expense, plus any depreciation or amortization expense,
recorded in that same period. Debt Service means, for a period, the
sum of all scheduled principal and interest pa