Excluded Stores

Excluded Stores. Shall mean all stores or commissaries that (i) (A) were intended to be used in the Bagel Business or (B) were used in the Bagel Business and (ii) were not open and operating on October 20, 1997, which stores are listed on Schedule II, attached hereto, provided, however, that all stores and commissaries that are or were located in the state of Nevada shall not be considered "Excluded Stores." 4