Kroger Co Sample Contracts

TO INDENTURE
Kroger Co • August 20th, 1999 • Retail-grocery stores • New York
AMENDMENT AND RESTATEMENT
Participation Agreement • March 5th, 1999 • Kroger Co • Retail-grocery stores • New York
U.S. $1,500,000,000
Credit Agreement • January 8th, 1999 • Kroger Co • Retail-grocery stores • New York
of U.S. $3,500,000,000 LOAN AGREEMENT
Loan Agreement • March 5th, 1999 • Kroger Co • Retail-grocery stores • New York
ARTICLE I
Credit Agreement • May 31st, 2001 • Kroger Co • Retail-grocery stores • New York
PRICING AGREEMENT
Pricing Agreement • August 18th, 2003 • Kroger Co • Retail-grocery stores
RALPHS GROCERY COMPANY and certain Guarantors TO UNITED STATES TRUST COMPANY OF NEW YORK Trustee
Kroger Co • August 20th, 1999 • Retail-grocery stores • New York
ARTICLE I
Day Credit Agreement • May 31st, 2001 • Kroger Co • Retail-grocery stores • New York
RALPHS GROCERY COMPANY and certain Guarantors TO NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION Trustee
Third Supplemental Indenture • August 20th, 1999 • Kroger Co • Retail-grocery stores • New York
CALCULATION AGENCY AGREEMENT BETWEEN THE KROGER CO. AND CITIBANK, N.A.
Calculation Agency Agreement • August 16th, 2001 • Kroger Co • Retail-grocery stores • New York
TO Firstar Bank, National Association Trustee INDENTURE
Kroger Co • August 20th, 1999 • Retail-grocery stores • New York
The Kroger Co. Debt Securities Underwriting Agreement
Underwriting Agreement • January 12th, 2021 • Kroger Co • Retail-grocery stores • New York

To the Representatives of the several Underwriters named in the respective Pricing Agreements hereinafter described.

Exhibit 99.1 364-DAY CREDIT AGREEMENT Dated as of May 22, 2002
364-Day Credit Agreement • June 10th, 2003 • Kroger Co • Retail-grocery stores • New York
ARTICLE I
Year Credit Agreement • June 10th, 2003 • Kroger Co • Retail-grocery stores • New York
The Kroger Co. Debt Securities Underwriting Agreement
Underwriting Agreement • April 28th, 2020 • Kroger Co • Retail-grocery stores • New York

To the Representatives of the several Underwriters named in the respective Pricing Agreements hereinafter described.

AGREEMENT AND PLAN OF MERGER BY AND AMONG ALBERTSONS COMPANIES, INC. THE KROGER CO. AND KETTLE MERGER SUB, INC. Dated as of October 13, 2022
Agreement and Plan of Merger • October 14th, 2022 • Kroger Co • Retail-grocery stores • Delaware

This AGREEMENT AND PLAN OF MERGER, dated as of October 13, 2022 (this “Agreement”), is entered into by and among Albertsons Companies, Inc., a Delaware corporation (the “Company”), The Kroger Co., a, Ohio corporation (“Parent”) and Kettle Merger Sub, Inc., a Delaware corporation and wholly owned direct subsidiary of Parent (“Merger Sub” and, collectively with the Company and Parent, the “Parties”).

TENDER AND SUPPORT AGREEMENT
Tender and Support Agreement • July 10th, 2014 • Kroger Co • Retail-grocery stores • Delaware

TENDER AND SUPPORT AGREEMENT, dated as of July 1, 2014 (this “Agreement”), among The Kroger Co., an Ohio corporation (“Parent”), Vigor Acquisition Corp., a Delaware corporation (“Acquisition Sub”), and the Person listed as “Stockholder” on the signature page hereto (“Stockholder”).