Capital Contributions. Each Member named on [Exhibit D] to the First A&R LLC Agreement was credited with the IPO Date Capital Account Balance set forth on [Exhibit D] to the First A&R LLC Agreement in respect of its Interest specified thereon. No Member shall be required to make additional Capital Contributions.

Except to the extent required under the Member’s articles of incorporation or as may be necessary for the Company to comply with its obligations under the Transaction Documents (defined below), the Member shall not be obligated to make capital contributions to the Company and the Units shall be nonassessable.

Additional Capital Contributions. Any additional cash contributions of the General Partner to the capital of the Partnership pursuant to Section 3.5 hereof.

Future Capital Contributions. The Holder and the Company are currently discussing a broader business relationship which will consist of future capital contributions to the Company by the Holder or its affiliates. The Company agrees that it will first use any such future contributions to repay this Note and the January 30, 2017 Unsecured Promissory Note made by the Company for the benefit of the Holder, and such contributions will be made at the same valuation of the Company underlying the September 30, 2016 Unsecured Convertible Promissory Note made by the Company for the benefit of the Holder's affiliate.

Interest on Capital Contributions. No interest shall be payable with respect to any capital contributed to the Partnership.

Unit Ownership Ledger; Capital Contributions. The Board shall create and maintain a ledger (the “Unit Ownership Ledger”) setting forth the name and address of each Unitholder and holder of Warrants, the number of each class of Units and Warrants held of record by each such Unitholder and holder of Warrants, and the amount of the Capital Contribution made (or deemed to have been made) with respect to each class of Units and the date of such Capital Contribution. Upon any change in the number or ownership of outstanding Units or Warrants (whether upon an issuance of Units or Warrants, a Transfer of Units or Warrants, a cancellation of Units or Warrants or otherwise), the Board shall amend and update the Unit Ownership Ledger. Absent manifest error, the ownership interests recorded on the Unit Ownership Ledger shall be conclusive record of the Units and Warrants that have been issued and are outstanding. Each Unitholder named in the Unit Ownership Ledger has made (or shall be deemed to have made) Capital Contributions to the Company as set forth in the Unit Ownership Ledger in exchange for the Units specified in the Unit Ownership Ledger. Any reference in this Agreement to the Unit Ownership Ledger shall be deemed a reference to the Unit Ownership Ledger as amended and in effect from time to time.

Contributions. In order to meet its obligations hereunder, the Company may, in its sole discretion, contribute to a trust the funds necessary to provide the benefits hereunder. The assets of any such trust shall remain subject to the claims of the Company’s general creditors. Notwithstanding the foregoing, the Company’s obligations hereunder shall constitute general, unsecured obligations, payable solely out of its general assets, and no Participant or other person shall have any right to specific assets. Title to and beneficial ownership of any assets, whether cash or investments, that the Company may set aside or earmark to meet its obligations hereunder, shall at all times remain in the Company; provided that legal title to any assets placed in a trust shall be in the trustee.

Contributions. The Employer shall provide the Administrator with all information required by the Administrator to make a proper allocation of Employer contributions for each Plan Year. Within a reasonable period of time after the date of receipt by the Administrator of such information, the Administrator shall allocate contributions as follows:

Use of Capital Contributions and Loans. The Initial Capital Contributions of the Partners, all proceeds of Partnership borrowings, and any Additional Capital Contributions or General Partner’s Loans made pursuant to this Agreement, shall be used to change and convert the business premises of the Business to the General Partner’s “Flanigan’s Seafood Bar and Grill” restaurant concept and as working capital.

Rollover Contributions. This Plan shall not accept a direct rollover or rollover contribution of an “eligible rollover distribution” as such term is defined in Section 10.9-1 of the Plan.

Annual Contributions. In connection with each election to defer Annual Contributions, a Participant may elect to receive an In-Service Distribution from the Plan with respect to all or a portion of such Annual Deferral Amounts credited for such Plan Year. The In-Service Distribution shall be a lump sum payment in an amount that is equal to the portion of the Annual Deferral Amounts that the Participant elected to have distributed as an In-Service Distribution, plus amounts credited or debited in the manner provided in [Section 5.1] on that amount, calculated as of the close of business on or around the date on which the In-Service Distribution becomes payable, as determined by the Committee in its sole discretion.

For each Plan Year, the Employer shall make a matching contribution on behalf of each Participant who defers Compensation for the Plan Year and satisfies the requirements of [Section 5.01(a)(ii)] of the Adoption Agreement equal to [complete the ones that are applicable]:

The Employer shall make a contribution on behalf of each Participant who satisfies the requirements of [Section 5.01(b)(ii)] equal to [complete the ones that are applicable]:

The Participant’s vested interest in the amount credited to his Account attributable to

In accordance with the Company’s administrative procedures, any Eligible Employee may make one or more Rollover Contributions to the Plan. An Eligible Employee who makes a Rollover Contribution at a time when he or she is not a Member for other purposes shall become a Restricted Member. A Rollover Contribution shall be permitted only if it meets all of the following conditions:

Each Member’s Company Contributions Account shall be credited with the amount of any Company Contributions allocated as of a day or days within the Plan Year as the Company shall determine in its sole discretion. Each Member’s Salary Deferral Accounts shall be credited with the amount of Salary Deferrals withheld, transfers from Company Contributions Accounts received and Rollover Contributions received in such calendar month.

ESOP Contributions: For each Plan Year during which an Exempt Loan is outstanding, the Employer shall make an ESOP Contribution to the Trust in such amount and at such times as shall be determined by the Company.

SKERP Contributions. You will receive your employer-provided SKERP contributions from the period ​ through the end of the Employment Period, including an Additional Supplemental Company Contribution equal to 5% of salary earned by you through the end of the Employment Period and 5% of the bonus earned by you for the fiscal year ended ​, which was paid in ​.

No Company contribution shall be made to any Prior Profit Sharing Account with respect to any period after ​, but such a contribution may be made after ​, with respect to a prior period.

Employee Contributions. Each eligible employee may authorize payroll deductions at a minimum of 1 percent up to a maximum of 15 percent of such employee’s Compensation for each pay period. The Company will maintain book accounts showing the amount of payroll deductions made by each Participant for each Offering. No interest will accrue or be paid on payroll deductions.