Trust Indenture Act Section Indenture Section --------------- -----------------Great Atlantic & Pacific Tea Co Inc • September 24th, 1997 • Retail-grocery stores • New York
EXHIBIT 4.1 THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. 9 1/8% Senior Notes due 2011 SECOND SUPPLEMENTAL INDENTURE Dated as of December 20, 2001Indenture • December 20th, 2001 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. 9 3/8% Senior Quarterly Interest Bonds ("QUIBS") UNDERWRITING AGREEMENT August 4, 1999 Morgan Stanley & Co. Incorporated Salomon Smith Barney Inc. Dain Rauscher Wessels, a division of Dain Rauscher...Underwriting Agreement • August 11th, 1999 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
d. No Default or Event of Default shall have occurred and be continuing. e. The Borrowers shall have provided to the Agent such additional instruments, documents, and opinions of counsel as the Agent and its counsel may have reasonably requested. 4....Credit Agreement • October 17th, 2007 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores
CREDIT AGREEMENTCredit Agreement • November 18th, 2005 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
AMENDMENT dated as of February 17, 1999, to the Competitive Advance and Revolving Credit Facilities Agreement dated as of June l0, 1997 (the "Credit Agreement"), among THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., a Maryland corporation (the...Great Atlantic & Pacific Tea Co Inc • May 19th, 1999 • Retail-grocery stores • New York
AMENDMENT No. 5 dated as of February 21, 2003, to (a) the Credit Agreement dated as of February 23, 2001, as amended (the "Credit Agreement"), among THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., a Maryland corporation (the "Company"), THE GREAT...Great Atlantic & Pacific Tea Co Inc • March 7th, 2003 • Retail-grocery stores • New York
SUPPLY AGREEMENT BY AND BETWEEN THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. AND C&S WHOLESALE GROCERS, INC.Supply Agreement • October 18th, 2005 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
by and amongStock Purchase Agreement • July 22nd, 2005 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
Exhibit 10.1 EMPLOYMENT AGREEMENT AGREEMENT, made and entered into by and between THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. (the "Company"), and DR. ANDREAS GULDIN (the "Employee"). W I T N E S S E T H WHEREAS, the Company and the Employee (the...Employment Agreement • May 7th, 2007 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New Jersey
Exhibit 10.28 AMENDMENT No. 6 dated as of March 25, 2003, to the Credit Agreement dated as of February 23, 2001, as amended (the "Credit Agreement"), among THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. (the "Company"), THE GREAT ATLANTIC & PACIFIC...Credit Agreement • May 9th, 2003 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
EXECUTION COPY THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. 9 1/8% Senior Notes due 2011 UNDERWRITING AGREEMENT December 14, 2001 Lehman Brothers Inc. 101 Hudson Street Jersey City, NJ 07302 Ladies and Gentlemen: The Great Atlantic & Pacific Tea...Great Atlantic & Pacific Tea Co Inc • December 20th, 2001 • Retail-grocery stores • New York
by and amongAgreement • October 18th, 2005 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • Ontario
EXECUTION VERSION PUBLISHED CUSIP NUMBER [_________ ] SENIOR SECURED BRIDGE CREDIT AGREEMENT DATED AS OF DECEMBER 3, 2007Credit Agreement • December 7th, 2007 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
Exhibit 10.45 AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • January 8th, 2008 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
EMPLOYMENT AGREEMENT AGREEMENT, made and entered into as of the 1st day of November, 2000, by and between THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. (the "Company"), and LAURANE MAGLIARI. (the "Employee"). W I T N E S S E T H WHEREAS, the Company...Employment Agreement • January 16th, 2001 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New Jersey
THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. TOIndenture • December 4th, 2001 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 25th, 2007 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores
CREDIT AGREEMENTCredit Agreement • May 23rd, 2001 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
dated as of December 3, 2007 amongCredit Agreement • December 7th, 2007 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
Exhibit 10 Separation and Release Agreement, dated as July 14, 2000, by and between Michael Larkin and The Great Atlantic & Pacific Tea Company, Inc. (the "Agreement") This will confirm our understandings with respect to your resignation from...Separation and Release Agreement • October 24th, 2000 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New Jersey
This will confirm our understandings with respect to your resignation from employment with The Great Atlantic & Pacific Tea Company, Inc., which is effective July 14, 2000. As of that date, all rights, privileges and entitlements as an active employee cease, subject only to the provisions hereinafter set forth. Your resignation from employment includes your resignation as an officer and director of the Company and all of its subsidiaries, effective the same date, and is an integral part of this Agreement.
EXECUTED COPY AMENDMENT No. 2 dated as of March 21, 2002, to the Credit Agreement dated as of February 23, 2001, as amended (the "Credit Agreement"), among THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., a Maryland corporation (the "Company"), THE...Credit Agreement • July 5th, 2002 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
THIRD AMENDMENT TO LETTER OF CREDIT AGREEMENTLetter of Credit Agreement • October 17th, 2007 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores
Period Ratio Effective Date and thereafter 1.40 to 1.00 (b) Section 4.14 of the U.S. Security Agreement is hereby amended by (i) deleting from the beginning of the second sentence thereof the words, "Within 90 days after the Effective Date," and...Credit Agreement • October 22nd, 2002 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
Exhibit 10.1 EXECUTIVE EMPLOYMENT AGREEMENT AGREEMENT, made and entered into as of the 15th day of August, 2005, by and between THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. (the "Company"), and Eric Claus (the "Employee"). W I T N E S S E T H...Executive Employment Agreement • September 9th, 2005 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New Jersey
EXHIBIT 10.50 THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH "*" AND BRACKETS AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION WAREHOUSING, DISTRIBUTION...Related Services Agreement • July 21st, 2008 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
Exhibit 10.1 November 28, 2005 Eric Claus The Atrium 1512 Palisades Avenue Unit 17N Fort Lee, NJ 07024 Re: Amendment to your Executive Employment Agreement Dear Eric: The purpose of this letter is to amend your Executive Employment Agreement dated as...Great Atlantic & Pacific Tea Co Inc • May 9th, 2006 • Retail-grocery stores
Except as indicated above, the Executive Employment Agreement, its terms and conditions shall remain in full force and effect. If the terms outlined above are acceptable, please sign below and return to me an original executed copy of this letter agreement. Upon execution of this letter agreement, the Executive Employment Agreement shall be deemed amended in accordance with Paragraph 29 thereof.
A&P Wine and Spirits, Inc. Massachusetts ANP Properties I Corp. Delaware ANP Sales Corp. Maryland APW Produce Company, Inc. New York APW Supermarket Corporation Delaware APW Supermarkets, Inc. New York Big Star, Inc. Georgia The Great Atlantic and...Great Atlantic & Pacific Tea Co Inc • May 23rd, 2001 • Retail-grocery stores
St. Pancras Company Limited Bermuda St. Pancras Too, Limited Bermuda Shopwell, Inc. d/b/a Food Emporium Delaware Southern Acquisition Corporation Delaware Southern Development, Inc. of Delaware Delaware Super Fresh Food Markets, Inc. Delaware Super Fresh Food Markets of Maryland, Inc. Maryland Super Fresh/Sav-A-Center, Inc. Delaware Super Fresh Food Markets of Virginia, Inc. Delaware Super Market Service Corp. Pennsylvania Super Plus Food Warehouse, Inc. Delaware Supermarket Distribution Service Corp. New Jersey Supermarket Distribution Service - Florence, Inc. New Jersey Supermarket Distribution Services, Inc. Delaware Supermarket Systems, Inc. Delaware Tea Development Co., Inc. Delaware The South Dakota Great Atlantic & Pacific Tea Company, Inc. South Dakota Transco Service-Milwaukee, Inc. New Jersey Waldbaum, Inc. d/b/a Waldbaum, Inc. and Food Mart New York W.S.L. Corporation New Jersey 2008 Broadway, Inc. New York
Exhibit 10.18 EMPLOYMENT AGREEMENT AGREEMENT, made and entered into as of the 15th day of November, 2004, by and between THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. (the "Company"), and STEPHEN SLADE (the "Employee"). W I T N E S S E T H WHEREAS,...Employment Agreement • October 18th, 2005 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New Jersey
AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • January 9th, 2004 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
SUPPLY, DISTRIBUTION AND RELATED SERVICES AGREEMENTSupply, Distribution and Related Services Agreement • December 6th, 2011 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
THIS SUPPLY, DISTRIBUTION AND RELATED SERVICES AGREEMENT (the “Agreement”) is made as of May 29, 2011 between THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., a Maryland corporation with principal offices located at 2 Paragon Drive, Montvale, New Jersey 07645 (and its current and future subsidiaries and affiliates) (collectively, “A&P”) and C&S WHOLESALE GROCERS, INC., a Vermont corporation with principal offices located at 7 Corporate Drive, Keene, New Hampshire 03431 (“C&S” and together with A&P, the “Parties”).
SECOND SUPPLEMENTAL INDENTURE BETWEEN THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. AND WILMINGTON TRUST COMPANY Dated as of December 18, 2007 6.75% CONVERTIBLE SENIOR NOTES DUE 2012Great Atlantic & Pacific Tea Co Inc • December 21st, 2007 • Retail-grocery stores • New York
SECOND SUPPLEMENTAL INDENTURE, dated as of December 18, 2007 (this “Second Supplemental Indenture”), between THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., a Maryland corporation (the “Company”) and WILMINGTON TRUST COMPANY, as Trustee (the “Trustee”), supplementing the Indenture, dated as of December 18, 2007, between the Company and the Trustee (the “Base Indenture”).
SHARE LENDING AGREEMENT Dated as of December 12, 2007 Between THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. (“Lender”), and BANK OF AMERICA, N.A. (“Borrower”)Share Lending Agreement • December 18th, 2007 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
This Agreement sets forth the terms and conditions under which Borrower may, from time to time, borrow from Lender shares of Common Stock.
INVESTMENT AGREEMENT By and Among THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. and YUCAIPA AMERICAN ALLIANCE FUND II, LP, YUCAIPA AMERICAN ALLIANCE (PARALLEL) FUND II, LP and YUCAIPA AMERICAN ALLIANCE FUND II, LLC, as Investors’ Representative and...Investment Agreement • July 24th, 2009 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
INVESTMENT AGREEMENT, dated as of July 23, 2009 (this “Agreement”), among THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., a Maryland corporation (the “Company”), and YUCAIPA AMERICAN ALLIANCE FUND II, LP (“YAAF”) and YUCAIPA AMERICAN ALLIANCE (PARALLEL) FUND II, LP (“YAAF Parallel” and, together with YAAF, the “Investors”), YUCAIPA CORPORATE INITIATIVES FUND I, LP, YUCAIPA AMERICAN ALLIANCE FUND I, LP and YUCAIPA AMERICAN ALLIANCE (PARALLEL) FUND I, LP (collectively, the “Existing Investors”) (who are parties to this Agreement solely with respect to Section 3.02 and Section 3.05 hereof) and YUCAIPA AMERICAN ALLIANCE FUND II, LLC (the “Investors’ Representative”) (which is a party to this Agreement solely with respect to Section 5.05 hereof).
AMENDMENT TO CONFIRMATIONConfirmation • December 21st, 2007 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
THIS AMENDMENT (this “Amendment”) is made as of December 17, 2007, between Lehman Brothers OTC Derivatives Inc. (“Dealer”) and The Great Atlantic & Pacific Tea Company, Inc. (the “Issuer”);
