0001193125-10-104237 Sample Contracts

CREDIT AGREEMENT Dated as of February 27, 2007 among THE FRESH MARKET, INC., as Borrower, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, BB&T CORPORATION, as Syndication Agent, BMO CAPITAL MARKETS, as Documentation...
Credit Agreement • May 3rd, 2010 • Fresh Market, Inc. • North Carolina

CREDIT AGREEMENT (this “Agreement”) is entered into as of February 27, 2007, among THE FRESH MARKET, INC. a North Carolina corporation (“Borrower”), each lender from time to time party hereto (collectively, “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.

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THE FRESH MARKET, INC. AMENDED AND RESTATED SHADOW EQUITY BONUS AGREEMENT
Shadow Equity Bonus Agreement • May 3rd, 2010 • Fresh Market, Inc. • North Carolina

THIS AMENDED AND RESTATED SHADOW EQUITY BONUS AGREEMENT, is entered into as of the [date], by and between THE FRESH MARKET, INC., a North Carolina corporation (“TFM”) and [employee name], a [state of residence] resident (the “Employee”).

THE FRESH MARKET, INC. SUPPLY AND SERVICE AGREEMENT
Supply and Service Agreement • May 3rd, 2010 • Fresh Market, Inc. • North Carolina

This Supply and Service Agreement (this “Agreement”) is made and entered into this 26th day of January, 2007 by and between The Fresh Market, Inc., a North Carolina corporation, with its corporate office located at 628 Green Valley Road, Suite 500, Greensboro, North Carolina (referred to herein along with its successors and assigns as “TFM”), and Burns Logistics, a Delaware corporation, with its corporate office located at 501 S.E. 5th Street, Milford, Delaware (referred to herein along with its authorized assigns as “Burris”).

FIRST AMENDMENT TO CREDIT AGREEMENT DATED FEBRUARY 27, 2007 AMONG THE FRESH MARKET, INC., BANK OF AMERICA, N.A., AND THE OTHER LENDERS PARTY THERETO
Credit Agreement • May 3rd, 2010 • Fresh Market, Inc.

This First Amendment (the “Amendment”) is entered into as of October 23, 2007 among The Fresh Market, Inc., as Borrower, Bank of America, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and the Required Lenders under the Credit Agreement dated February 27, 2007 (the “Credit Agreement”). Capitalized terms not defined herein shall have the meanings given them in the Credit Agreement.

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