EXHIBIT 4(m) SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of March 21, 2003Credit Agreement • June 27th, 2003 • Marsh Supermarkets Inc • Retail-grocery stores
BY AND AMONGAgreement and Plan of Merger • May 3rd, 2006 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
MARSH DRUGS, INC., MARSH VILLAGE PANTRIES, INC. MUNDY REALTY, INC., MAR PROPERTIES, INC., MARLEASE, INC., MARSH INTERNATIONAL, INC., MARAINES GREENERY, INC., LIMITED HOLDINGS, INC., CONVENIENCE STORE DISTRIBUTING COMPANY, MARSH P.Q., INC., S.C.T.,...Supplemental Indenture • June 25th, 1998 • Marsh Supermarkets Inc • Retail-grocery stores • New York
EXHIBIT 2.1 ASSET PURCHASE AGREEMENTAsset Purchase Agreement • October 19th, 2001 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
andRights Agreement • December 24th, 1998 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
Exhibit 10(u) EMPLOYMENT AGREEMENT FOR DON E. MARSH MARSH SUPERMARKETS, INC. (Effective August 3,1999) THIS EMPLOYMENT AGREEMENT (this "Agreement")is made and entered into as of this 3rd day of August, 1999 by and between MARSH SUPERMARKETS, INC., an...Employment Agreement • June 27th, 2003 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
WITNESSETH:Security Agreement • January 12th, 2006 • Marsh Supermarkets Inc • Retail-grocery stores • New York
DATED AS OFCredit Agreement • November 16th, 2005 • Marsh Supermarkets Inc • Retail-grocery stores • New York
Exhibit 10.1 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("Agreement") is entered into between Marsh Supermarkets, LLC, an Indiana limited liability company ("Company"), and Frank J. Bryja, a resident of Muncie, Indiana ("Executive"), as of...Employment Agreement • February 18th, 2003 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
WITNESSETH:Pledge Agreement • January 12th, 2006 • Marsh Supermarkets Inc • Retail-grocery stores • New York
RESTRICTED STOCK AGREEMENT under the Marsh Supermarkets, Inc. 1991 Employee Stock Incentive Plan (CLASS A COMMON STOCK)Restricted Stock Agreement • November 24th, 1997 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
EXHIBIT 4.1 FIRST AMENDMENT TO CREDIT AGREEMENT This First Amendment to the Credit Agreement (the "First Amendment") is made as of the 6th day of January, 2006 by and among: MARSH SUPERMARKETS, LLC an Indiana limited liability company, having its...Credit Agreement • January 12th, 2006 • Marsh Supermarkets Inc • Retail-grocery stores
1 EXHIBIT - 10(A) CONSULTING AGREEMENT THIS CONSULTING AGREEMENT (this "Agreement"), dated on the 9th day of October, 1998 and effective as of December 31, 1998 (the "Effective Date "), by and between Marsh Supermarkets, Inc., an Indiana corporation...Consulting Agreement • November 24th, 1998 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
Exhibit 4 SECOND AMENDMENT TO THE SECOND AMENDED AND RESTATED CREDIT AGREEMENT This second amendment (this "Amendment") dated as of October 3, 2003 is to the Second Amended and Restated Credit Agreement dated as of March 21, 2003 among MARSH...Credit Agreement • November 25th, 2003 • Marsh Supermarkets Inc • Retail-grocery stores
Exhibit 10 (b) EMPLOYMENT CONTRACT THIS AGREEMENT ("Agreement"), made and entered into as of June 1, 1997 (the "Effective Date"), by and between MARSH SUPERMARKETS, INC., an Indiana corporation with its principal office at 9800 Crosspoint Boulevard,...Employment Contract • November 24th, 1997 • Marsh Supermarkets Inc • Retail-grocery stores
RECITALSConsulting Agreement • May 26th, 2005 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
MORTGAGE, COLLATERAL ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT, AND FIXTURE FILINGMarsh Supermarkets Inc • January 12th, 2006 • Retail-grocery stores • Indiana
AMENDMENT TO AMENDED AND RESTATED RIGHTS AGREEMENTRights Agreement • May 3rd, 2006 • Marsh Supermarkets Inc • Retail-grocery stores
GUARANTYGuaranty • November 16th, 2005 • Marsh Supermarkets Inc • Retail-grocery stores • New York
A. L. ROSS & SONS, INC., as Existing Guarantors, FLORAL FASHIONS, LLC O'MALIA FOOD MARKETS, LLC as Additional Guarantors, andIndenture • February 15th, 2002 • Marsh Supermarkets Inc • Retail-grocery stores • New York
Exhibit 10(v) EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (this "Agreement")is made and entered into as of this 9th day of August, 2002, by and between MARSH SUPERMARKETS, INC., an Indiana corporation having its address at 9800 Crosspoint...Employment Agreement • June 27th, 2003 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
WITNESSETH:Intellectual Property Security Agreement • January 12th, 2006 • Marsh Supermarkets Inc • Retail-grocery stores • New York
RECITALSEmployment Agreement • December 30th, 2005 • Marsh Supermarkets Inc • Retail-grocery stores
GUARANTYMarsh Supermarkets Inc • January 12th, 2006 • Retail-grocery stores • New York
1 EXHIBIT 10(u) CONTINUING GUARANTY In consideration of credit which NATIONAL CITY BANK OF INDIANA, a national banking association ("Bank"), may from time to time extend to _________________________________________, an individual ("Debtor"), the...Marsh Supermarkets Inc • June 29th, 2000 • Retail-grocery stores
EXHIBIT 4.2 CREDIT AGREEMENTCredit Agreement • January 12th, 2006 • Marsh Supermarkets Inc • Retail-grocery stores • New York
RECITALSEmployment Agreement • December 30th, 2005 • Marsh Supermarkets Inc • Retail-grocery stores
Exhibit 10(ab) SPLIT DOLLAR INSURANCE AGREEMENT THIS SPLIT DOLLAR INSURANCE AGREEMENT (the "Agreement") is entered into effective the 6th day of May, 1998, by Marsh Supermarkets, Inc., an Indiana corporation (the "Company") and Douglas W. Dougherty...Split Dollar Insurance Agreement • June 27th, 2003 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
Exhibit 10(a) THIS EMPLOYMENT AGREEMENT (this "Agreement") is made and entered into as of this 3rd day of August, 1999 by and between MARSH SUPERMARKETS, INC., an Indiana corporation having its address at 9800 Crosspoint Boulevard, Indianapolis,...Employment Agreement • November 22nd, 1999 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
EXHIBIT 10(p) SEVERANCE BENEFITS AGREEMENT THIS SEVERANCE BENEFITS AGREEMENT ("Agreement"), made and entered into as of January 1, 1996 (the "Effective Date"), by and between MARSH SUPERMARKETS, INC., an Indiana corporation with its principal office...Severance Benefits Agreement • July 15th, 1997 • Marsh Supermarkets Inc • Retail-grocery stores
EXHIBIT 10(an) CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Confidential Settlement Agreement and Release of all Claims (hereinafter "Agreement") is entered into on this 13th day of April, 2005, by, between and among C. Alan Marsh,...Confidential Settlement Agreement • June 23rd, 2005 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
AMENDMENT TO NOTE AGREEMENTS AND ASSUMPTION AGREEMENTAgreements and Assumption Agreement • July 15th, 1997 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
AGREEMENTAgreement • October 28th, 2005 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
Exhibit 10(aa) EMPLOYMENT CONTRACT THIS EMPLOYMENT CONTRACT (" Agreement"), made and entered into as of the 30th day of March, 2003 (the "Effective Date"), by and between Crystal Food Services, LLC, an Indiana limited liability company with offices at...Employment Contract • June 27th, 2003 • Marsh Supermarkets Inc • Retail-grocery stores
EMPLOYMENT AGREEMENT between MARSH SUPERMARKETS, INC. and DOUGLAS W. DOUGHERTYEmployment Agreement • June 15th, 2006 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
This Employment Agreement (“Agreement”) is made and entered into by and between Marsh Supermarkets, Inc. (the “Company”) and Douglas W. Dougherty (“Executive”) on June 9, 2006, but effective as of Effective Date (as defined below).
