UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re BACK YARD BURGERS, INC., et al.1 Debtors.

(Joint Administration Pending) NOTICE OF INTERIM HEARING ON DEBTORS MOTION FOR ENTRY OF ORDERS (I) AUTHORIZING DEBTORS TO OBTAIN POSTPETITION FINANCING PURSUANT TO SECTIONS 363 AND 364 OF THE BANKRUPTCY CODE, (II) GRANTING LIENS AND SUPERPRIORITY CLAIMS TO THE POSTPETITION LENDER PURSUANT TO SECTION 364 OF BANKRUPTCY CODE, (III) AUTHORIZING USE OF CASH COLLATERAL PURSUANT TO SECTION 363 OF BANKRUPTCY CODE, (IV) PROVIDING ADEQUATE PROTECTION TO PREPETITION LENDER PURSUANT TO SECTIONS 361, 362, 363, AND 364 OF BANKRUPTCY CODE, AND (V) SCHEDULING FINAL HEARING [DOCKET NO. 16] PLEASE TAKE NOTICE that on October 17, 2012, the above-captioned debtors and debtors-in-possession (collectively, the Debtors) filed the Motion For Entry of Orders (I) Authorizing Debtors to Obtain Postpetition Financing Pursuant to Sections 363 and 364 of the Bankruptcy Code, (II) Granting Liens and Superpriority Claims to the Postpetition Lender Pursuant to Section 364 of Bankruptcy Code, (III) Authorizing Use of Cash Collateral Pursuant to Section 363 of Bankruptcy Code, (IV) Providing Adequate Protection to Prepetition Lender Pursuant to Sections 361, 362, 363, and 364 of Bankruptcy Code, and (V) Scheduling Final Hearing (the DIP Motion) [Docket No. 16], attaching the proposed Interim Order (A) Authorizing Debtors to Obtain Postpetition Financing Pursuant to Sections 363 and 364 of the Bankruptcy Code, (II) Granting Liens and Superpriority Claims to the Postpetition Lender Pursuant to Section 364 of Bankruptcy Code, (III) Authorizing Use of Cash Collateral Pursuant Chapter 11 Case No. 12-12882 (PJW)

The Debtors in these chapter 11 Cases, along with the last four digits of each Debtors federal tax identification number, are: Back Yard Burgers, Inc. (7163), BYB Properties, Inc. (9046), Nashville BYB, LLC (6507) and Little Rock Back Yard Burgers, Inc. (9133). The mailing address of the Debtors is: St. Clouds Building, 500 Church Street, Suite 200, Nashville, TN 37219.

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to Section 363 of Bankruptcy Code, (IV) Providing Adequate Protection to Prepetition Lender Pursuant to Sections 361, 362, 363, and 364 of Bankruptcy Code, and (V) Scheduling Final Hearing(the Proposed Interim DIP Order). PLEASE TAKE FURTHER NOTICE that a copy of the DIP Motion and Proposed Interim DIP Order may be obtained via the United States Bankruptcy Courts website at www.deb.uscourts.gov, referencing Case No. 12-12882 (PJW) or by contacting the Debtors proposed undersigned counsel. PLEASE TAKE FURTHER NOTICE that the Debtors intend to seek interim approval of the DIP Motion and entry of the Proposed Interim DIP Order at a hearing before the Honorable Peter J. Walsh, United States Bankruptcy Court, at 824 Market Street, 6th Floor, Courtroom No. 2, Wilmington, Delaware 19801 on October 19, 2012, at 10:30 a.m. prevailing Eastern time (the Hearing). PLEASE TAKE FURTHER NOTICE that the Debtors reserve the right to modify, if necessary, the Proposed Interim Cash Collateral/DIP Order before or at the Hearing. Dated: October 18, 2012 GREENBERG TRAURIG, LLP /s/ Dennis A. Meloro Dennis A. Meloro (DE Bar No. 4435) 1007 North Orange Street, Suite 1200 Wilmington, Delaware 19801 Telephone: (302) 661-7000 Facsimile: (302) 661-7360 Email: melorod@gtlaw.com -and-

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Nancy A. Mitchell (pro hac vice pending) Maria J. DiConza (pro hac vice pending) Matthew L. Hinker (DE Bar No. 5348) GREENBERG TRAURIG, LLP 200 Park Avenue New York, New York Telephone: (212) 801-9200 Facsimile: (212) 801-6400 Email: mitchelln@gtlaw.com diconzam@gtlaw.com hinkerm@gtlaw.com Proposed Counsel for the Debtors and Debtorsin-Possession

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