EMPLOYMENT AGREEMENTEmployment Agreement • October 19th, 2020 • Southeastern Grocers, Inc. • Retail-grocery stores • Florida
This Employment Agreement (“Employment Agreement”) is entered into by and between BI-LO Holding, LLC, a Delaware limited liability company (the “Company”) and Brian Carney (the “Employee”). This Employment Agreement will be effective upon, and subject to, the closing of the transactions contemplated by the Agreement and Plan of Merger among Opal Holdings, LLC, Opal Merger Sub, Inc. and Opal, Inc., dated as of December 16, 2011 (the “Merger Agreement”). In the event that the transactions contemplated by the Merger Agreement (the “Merger”) are not consummated, this Employment Agreement will be null and void ab initio and without effect.
EMPLOYMENT AGREEMENTEmployment Agreement • October 19th, 2020 • Southeastern Grocers, Inc. • Retail-grocery stores • Florida
This EMPLOYMENT AGREEMENT (the “Agreement”) is entered into as of the 18th day of March, 2019 (the “Effective Date”), by and between BI-LO Holding, LLC, a Delaware limited liability company (the “Company”) and Eduardo Garcia (the “Executive”) (each of the foregoing individually a “Party” and collectively the “Parties”).
SEG HOLDING, LLC and SEG FINANCE CORP., as Issuers and the Guarantors party hereto from time to time 5.625% Senior Secured Notes due 2028Indenture • October 19th, 2020 • Southeastern Grocers, Inc. • Retail-grocery stores • New York
INDENTURE, dated as of October 9, 2020, among SEG HOLDING, LLC, a Delaware limited liability company (the “Company”), SEG FINANCE CORP., a Delaware corporation (“SEG Finance” and, together with the Company, each an “Issuer” and collectively, the “Issuers”), the Guarantors from time to time party hereto, and TRUIST BANK, as trustee (in such capacity, together with its successors and assigns in such capacity, the “Trustee”), Registrar, Paying Agent and as collateral agent (in such capacity, together with its successors and assigns in such capacity, the “Notes Collateral Agent”).
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • October 19th, 2020 • Southeastern Grocers, Inc. • Retail-grocery stores • Florida
This AMENDMENT TO THE EMPLOYMENT AGREEMENT (the “Amendment”) is entered into as of March 26, 2018 (the “Effective Date”), by and between BI-LO Holding, LLC, a Delaware limited liability company (the “Company”) and Brian Carney (the “Executive”) (collectively, the “Parties”).
ABL CREDIT AGREEMENTCredit Agreement • October 19th, 2020 • Southeastern Grocers, Inc. • Retail-grocery stores • New York
ABL CREDIT AGREEMENT, dated as of May 31, 2018, among BI-LO HOLDING, LLC, a Delaware limited liability company (“Holdings”), BI-LO, LLC, a Delaware limited liability company (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement, as lenders and as issuing banks and SUNTRUST BANK, as administrative agent and collateral agent (together with its successors and permitted assigns in such capacity, the “Administrative Agent”).
FIRST AMENDMENT TO ABL CREDIT AGREEMENTCredit Agreement • October 19th, 2020 • Southeastern Grocers, Inc. • Retail-grocery stores • New York
FIRST AMENDMENT TO ABL CREDIT AGREEMENT (this “First Amendment”), dated as of September 20, 2018, by and between BI-LO, LLC, a Delaware limited liability company (the “Borrower”) and SUNTRUST BANK (“SunTrust”), as administrative agent (in such capacity, including any permitted successor thereto, the “Administrative Agent”). All capitalized terms used herein (including in this preamble) and not otherwise defined herein shall have the respective meanings provided such terms in the Credit Agreement referred to below.
SECOND AMENDMENT TO ABL CREDIT AGREEMENT AND FIRST AMENDMENT TO GUARANTEE AND COLLATERAL AGREEMENTAnd Collateral Agreement • October 19th, 2020 • Southeastern Grocers, Inc. • Retail-grocery stores • New York
SECOND AMENDMENT TO ABL CREDIT AGREEMENT AND FIRST AMENDMENT TO GUARANTEE AND COLLATERAL AGREEMENT (this “Second Amendment”), dated as of October 5, 2020, by and among SEG Holding, LLC (f/k/a BI-LO Holding, LLC), a Delaware limited liability company (“Holdings”), BI-LO, LLC, a Delaware limited liability company (the “Borrower”), TRUIST BANK (successor by merger to SunTrust Bank) (“Truist Bank”), as administrative agent (in such capacity, including any permitted successor thereto, the “Administrative Agent”) and each of the Lenders party hereto. All capitalized terms used herein (including in this preamble) and not otherwise defined herein shall have the respective meanings provided such terms in the Amended Credit Agreement referred to below.
