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.
The Great Atlantic & Pacific Tea Company, Inc. 8,134,002 SHARES OF COMMON STOCK UNDERWRITING AGREEMENT dated December 12 , 2007 Bank of America, N.A. Banc of America Securities LLC Lehman Brothers International (Europe) Limited Lehman Brothers Inc.Underwriting Agreement • December 18th, 2007 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
Introductory. The Great Atlantic & Pacific Tea Company, Inc., a Maryland corporation (the “Company”), subject to the terms and conditions stated herein and pursuant to (i) the Share Lending Agreement (the “BANA Share Lending Agreement”), dated December 12, 2007, between the Company and Bank of America, N.A. (the “BANA Borrower”) and (ii) the Share Lending Agreement (the “Lehman Share Lending Agreement” and, together with the BANA Share Lending Agreement, the “Share Lending Agreements”), dated December 12, 2007, between the Company and Lehman Brothers International (Europe) Limited (“Lehman Borrower”), proposes to issue and lend to the BANA Borrower and the Lehman Borrower (collectively, the “Borrowers”), affiliates of Banc of America Securities LLC (“BAS”) and Lehman Brothers Inc. (“Lehman”), respectively, acting severally and not jointly, as a share loan pursuant to and upon the terms of the respective Share Lending Agreements, the respective amounts set forth in Schedule A of up to 8
