Common Contracts

ABL Credit Agreement

Credit Agreement • May 8th, 2018

• Contract Type
  Credit Agreement
• Filed
  May 8th, 2018

WHEREAS, pursuant to the Agreement and Plan of Merger (together with the Company Disclosure Letter (as defined therein) delivered in connection therewith), dated as of December 16, 2011, by and among Opal Holdings, LLC, a Wholly-Owned Domestic Subsidiary of the Borrower (“Target Holdings”), Opal Merger Sub, Inc. (“Merger Corp.”) and Winn-Dixie Stores Inc., a Florida corporation (“Target”) (as amended to, but not including, the date hereof, the “Merger Agreement”), Holdings has agreed to acquire (the “Acquisition”) Target and its subsidiaries (together with Target, the “Acquired Business”) through the merger of Target with and into Merger Corp. (the “Merger”), with Target being the surviving entity of the Merger and an indirect Wholly-Owned Domestic Subsidiary of the Borrower;