INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • September 12th, 2006 • Penn Traffic Co • Retail-grocery stores • New York
THIS INTERCREDITOR AND SUBORDINATION AGREEMENT (“Intercreditor Agreement”), dated as of April 13, 2005, is by and among General Electric Capital Corporation, a Delaware corporation, in its capacity as agent pursuant to the Revolving Loan Agreement (as hereinafter defined) acting for and on behalf of the parties thereto as lenders (in such capacity, “Revolving Loan Agent” as hereinafter further defined) and the parties to the Revolving Loan Agreement as lenders (“Revolving Loan Lenders” as hereinafter further defined) and Kimco Capital Corp., a Delaware corporation, in its capacity as agent pursuant to the Supplemental Loan Agreement (as hereinafter defined) acting for and on behalf of the parties thereto as lenders (in such capacity, “Supplemental Loan Agent” as hereinafter further defined) and the parties to the Supplemental Loan Agreement as lenders (“Supplemental Loan Lenders” as hereinafter further defined).
CREDIT AGREEMENT Dated as of April 13, 2005 among THE PENN TRAFFIC COMPANY, PENNY CURTISS BAKING COMPANY, INC., and BIG M SUPERMARKETS, INC., as Borrowers, SUNRISE PROPERTIES, INC., PENNWAY EXPRESS, INC., COMMANDER FOODS, INC., P AND C FOOD MARKETS...Credit Agreement • September 12th, 2006 • Penn Traffic Co • Retail-grocery stores • New York
This SUPPLEMENTAL LOAN CREDIT AGREEMENT (this “Agreement”), dated as of April 13, 2005 among THE PENN TRAFFIC COMPANY, a Delaware corporation (“Penn Traffic”), PENNY CURTISS BAKING COMPANY, INC., a New York corporation (“Penny Curtiss”) and BIG M SUPERMARKETS, INC., a New York corporation (“BIG M”) (Penn Traffic, Penny Curtiss and Big M are sometimes collectively referred to herein as “Borrowers” and individually as “Borrower”); the other Credit Parties signatory hereto; KIMCO CAPITAL CORP., a Delaware corporation (in its individual capacity, “Kimco”), for itself, as Lender, and as Agent for Lenders (in such capacity, the “Agent”); and the other Lenders signatory hereto from time to time.
CREDIT AGREEMENT Dated as of April 13, 2005 among THE PENN TRAFFIC COMPANY, PENNY CURTISS BAKING COMPANY, INC., and BIG M SUPERMARKETS, INC. as Borrowers, SUNRISE PROPERTIES, INC., PENNWAY EXPRESS, INC., COMMANDER FOODS INC., P AND C FOOD MARKETS INC....Credit Agreement • September 12th, 2006 • Penn Traffic Co • Retail-grocery stores • New York
This CREDIT AGREEMENT (this “Agreement”), dated as of April 13, 2005 among (a) THE PENN TRAFFIC COMPANY, a Delaware corporation (“Penn Traffic”), PENNY CURTISS BAKING COMPANY, INC., a New York corporation (“Penny Curtiss”) and BIG M SUPERMARKETS, INC., a New York corporation (“BIG M”) (Penn Traffic, Penny Curtiss and Big M are sometimes collectively referred to herein as “Borrowers” and individually as “Borrower”); (b) the other Credit Parties signatory hereto; (c) GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (in its individual capacity, “GE Capital”), for itself, as Lender, and as Agent for Lenders; (d) JPMORGAN CHASE BANK, N.A., a New York banking corporation, for itself, as Lender, and as Syndication Agent for Lenders; (e) THE CIT GROUP/BUSINESS CREDIT, for itself as Lender, and as Documentation Agent for Lenders; (f) the other Lenders signatory hereto from time to time; and (g) GECC CAPITAL MARKETS GROUP, INC., as Lead Arranger (“GECMG”).
