AGREEMENT AND PLAN OF MERGER by and among KPLT HOLDINGS, INC., KPLT MERGERCO, INC. and CENTERPLATE, INC. Dated as of September 18, 2008Agreement and Plan of Merger • September 22nd, 2008 • Centerplate, Inc. • Retail-eating places • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of September 18, 2008, is made by and among KPLT HOLDINGS, INC., a Delaware corporation (“Parent”), KPLT MERGERCO, INC., a Delaware corporation, and a wholly owned Subsidiary of Parent (“Merger Sub”), and CENTERPLATE, INC., a Delaware corporation (the “Company”).
SEVENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 22nd, 2008 • Centerplate, Inc. • Retail-eating places • New York
THIS SEVENTH AMENDMENT TO CREDIT AMENDMENT (this “Amendment”) is made and entered into as of September ___ 2008, by and among VOLUME SERVICES AMERICA, INC., a Delaware corporation (“VSA”), VOLUME SERVICES, INC., a Delaware corporation (“VS”), SERVICE AMERICA CORPORATION, a Delaware corporation (“SAC”) (VSA, VS and SAC are sometimes collectively referred to herein as the “Borrowers” and individually as a “Borrower”), CENTERPLATE, INC., a Delaware corporation (“Holdings”), the Lenders signatory hereto, and GENERAL ELECTRIC CAPITAL CORPORATION, as a Lender and as the Administrative Agent (“Administrative Agent”).
