IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF TENNESSEE CHATTANOOGA DIVISION ____________________________________ ) IN RE: ) CHAPTER 11 ) THE KRYSTAL COMPANY, ) CASE NO. 95-15306 ) DEBTOR. ) JUDGE COOK ) PRECONFIRMATION MODIFICATION OF PLAN The above-captioned Debtor and Debtor-In-Possession herein, The Krystal Company modifies the Plan of Reorganization filed on February 10, 1997, with minor revisions on February 24, 1997, as follows: Paragraph 9.8 of the Plan shall be modified to read: 9.8 CONDITIONS TO CONFIRMATION. Confirmation of the Plan and entry of the Confirmation Order shall be subject to (1) entry of a Final Order approving the settlement of Certain Claims filed by Stewart, Estes & Donnell on behalf of their clients and (2) the Debtor's obtaining a commitment from a commercial lending institution or institutions, satisfactory in form to both the Debtor and the Committee, for funding on or before the Distribution Date of at least $50,000,000. This modification has been reviewed and approved by the Committee and the Insurance Companies and the attorney for the Claims filed by Stewart, Estes & Donnell on behalf of their clients. Dated: Atlanta, Georgia April 8, 1997 Respectfully submitted, KING & SPALDING /s/ DAVID G. EPSTEIN ------------------------------ David G. Epstein Georgia Bar No. 249533 Sarah Robinson Borders Georgia Bar No. 610649 191 Peachtree Street Atlanta, Georgia 30303 (404) 572-4600 ATTORNEYS FOR THE KRYSTAL COMPANY 2