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Penny Roger$

02/03/12 5:20 AM

#2 RE: Penny Roger$ #1

O'Charley's Inc. is a multi-concept restaurant company. The Company owns and operates three restaurant concepts under the O’Charley’s, Ninety Nine and Stoney River Legendary Steaks trade names. As of December 26, 2010, it operated 221 O’Charley’s company owned restaurants in 17 states in the Southeast and Midwest, 106 Ninety Nine restaurants in seven states throughout New England and upstate New York, and 11 Stoney River restaurants in six states in the East, Southeast and Midwest. As of December 27, 2009, the Company had nine franchised O’Charley’s restaurants in five states in the East Southeast and Midwest. In December 2010, the Company closed 11 underperforming O’Charley’s restaurants and five underperforming Ninety Nine restaurants.