May 19th, 2017 · Common Contracts · 172 similar Safeway Stores 42, Inc. – ALBERTSONS COMPANIES, LLC, NEW ALBERTSON’S, INC., SAFEWAY INC. and ALBERTSON’S LLC, as Issuers and the Guarantors party hereto from time to time 5.750% Senior Notes due 2025 INDENTURE Dated as of August 9, 2016 WILMINGTON TRUST, NATIONAL ASSOCIATION,... INDENTURE, dated as of August 9, 2016, among ALBERTSONS COMPANIES, LLC, a Delaware limited liability company (the “Company”), NEW ALBERTSON’S, INC., an Ohio corporation (“NAI”), SAFEWAY INC., a Delaware corporation (“Safeway”) and ALBERTSON’S LLC, a Delaware limited liability company (“Albertsons,” together with Safeway and NAI, each a “Co-Issuer” and collectively, the “Co-Issuers” and together with the Company, each an “Issuer” and collectively, the “Issuers”), the Guarantors from time to time party hereto, and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as trustee (in such capacity, together with its successors and assigns in such capacity, the “Trustee”).
INDENTURE, dated as of August 9, 2016, among ALBERTSONS COMPANIES, LLC, a Delaware limited liability company (the “Company”), NEW ALBERTSON’S, INC., an Ohio corporation (“NAI”), SAFEWAY INC., a Delaware corporation (“Safeway”) and ALBERTSON’S LLC, a Delaware limited liability company (“Albertsons,” together with Safeway and NAI, each a “Co-Issuer” and collectively, the “Co-Issuers” and together with the Company, each an “Issuer” and collectively, the “Issuers”), the Guarantors from time to time party hereto, and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as trustee (in such capacity, together with its successors and assigns in such capacity, the “Trustee”).
May 19th, 2017 · Common Contracts · 127 similar Safeway Stores 42, Inc. – LIMITED LIABILITY COMPANY AGREEMENT OF ASP SW LEASE OWNER LLC This Management Agreement may be executed in any number of counterparts, each of which shall be deemed an original of this Management Agreement and all of which together shall constitute one and the same instrument.
This Management Agreement may be executed in any number of counterparts, each of which shall be deemed an original of this Management Agreement and all of which together shall constitute one and the same instrument.
May 19th, 2017 · Common Contracts · 17 similar Safeway Stores 42, Inc. – EMPLOYMENT AGREEMENT EMPLOYMENT AGREEMENT (this “Agreement”) dated as of June 26, 2016, 2016 (the “Effective Date”), between AB Management Services Corp., a Delaware corporation (the “Company”), and Wayne A. Denningham (the “Executive,” and together with the Company, the “Parties”).
EMPLOYMENT AGREEMENT (this “Agreement”) dated as of June 26, 2016, 2016 (the “Effective Date”), between AB Management Services Corp., a Delaware corporation (the “Company”), and Wayne A. Denningham (the “Executive,” and together with the Company, the “Parties”).
May 19th, 2017 · Common Contracts · 11 similar Safeway Stores 42, Inc. – SECOND AMENDED AND RESTATED ASSET-BASED REVOLVING CREDIT AGREEMENT Dated as of December 21, 2015 among Albertsons Companies, LLC as the Lead Borrower for The Borrowers Named Herein The Guarantors Named Herein Bank of America, N.A., as Administrative... This SECOND AMENDED AND RESTATED ASSET-BASED REVOLVING CREDIT AGREEMENT (“Agreement”) is entered into as of December 21, 2015 among Albertsons Companies, LLC, a Delaware limited liability company (the “Lead Borrower”), the Persons named on Schedule 1.01A hereto (the “Albertson’s Borrowers”), the Persons named on Schedule 1.01B hereto (the “NAI Borrowers” and, together with the Lead Borrower, the Albertson’s Borrowers and each other Person that becomes a Borrower hereunder in accordance with the terms hereof, collectively, the “Borrowers”), the Guarantors, each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”) and Bank of America, N.A. as Administrative Agent and Collateral Agent.
This SECOND AMENDED AND RESTATED ASSET-BASED REVOLVING CREDIT AGREEMENT (“Agreement”) is entered into as of December 21, 2015 among Albertsons Companies, LLC, a Delaware limited liability company (the “Lead Borrower”), the Persons named on Schedule 1.01A hereto (the “Albertson’s Borrowers”), the Persons named on Schedule 1.01B hereto (the “NAI Borrowers” and, together with the Lead Borrower, the Albertson’s Borrowers and each other Person that becomes a Borrower hereunder in accordance with the terms hereof, collectively, the “Borrowers”), the Guarantors, each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”) and Bank of America, N.A. as Administrative Agent and Collateral Agent.
May 19th, 2017 · Common Contracts · 8 similar Safeway Stores 42, Inc. – LIMITED PARTNERSHIP AGREEMENT OF NHI TX LEASE OWNER LP This LIMITED PARTNERSHIP AGREEMENT OF NHI TX LEASE OWNER LP (this “Agreement”) is made and entered into effective as of the day of , 2006, by and among NHI TX LEASE OWNER GP LLC, a Delaware limited liability company, as general partner (the “General Partner”), and NHI TX OWNER LP, a Texas limited partnership, as limited partner (the “Limited Partner”).
This LIMITED PARTNERSHIP AGREEMENT OF NHI TX LEASE OWNER LP (this “Agreement”) is made and entered into effective as of the day of , 2006, by and among NHI TX LEASE OWNER GP LLC, a Delaware limited liability company, as general partner (the “General Partner”), and NHI TX OWNER LP, a Texas limited partnership, as limited partner (the “Limited Partner”).
May 19th, 2017 · Common Contracts · 6 similar Safeway Stores 42, Inc. – JOINDER TO GUARANTEE JOINDER TO GUARANTEE (this “Joinder”) dated as of December 21, 2015, made by entities identified on the signature pages hereto (each a “New Guarantor” and together, the “New Guarantors”) in favor of THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as successor to The Bank of New York, as trustee under the Safeway Indenture referred to below (the “Trustee”), for itself and for the benefit of the holders of the Guaranteed Notes (as defined below).
JOINDER TO GUARANTEE (this “Joinder”) dated as of December 21, 2015, made by entities identified on the signature pages hereto (each a “New Guarantor” and together, the “New Guarantors”) in favor of THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as successor to The Bank of New York, as trustee under the Safeway Indenture referred to below (the “Trustee”), for itself and for the benefit of the holders of the Guaranteed Notes (as defined below).
May 19th, 2017 · Common Contracts · 6 similar Safeway Stores 42, Inc. – AMENDMENT NO. 5 This Second Amended and Restated Term Loan Agreement dated as of August 25, 2014 and effective as of January 30, 2015 (as amended, amended and restated, modified or supplemented from time to time, this “Agreement”) is entered into by and among ALBERTSON’S LLC, a Delaware limited liability company (“Parent Borrower”), ALBERTSONS COMPANIES, LLC (“Holdings”), the parties hereto from time to time as Co-Borrowers, the other Guarantors party hereto, the parties hereto from time to time as lenders, whether by execution of this Agreement or an Assignment and Acceptance (each individually, a “Lender” and collectively, “Lenders” as hereinafter further defined) and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, in its capacity as administrative agent and collateral agent (in such capacity, “Agent” as hereinafter further defined).
This Second Amended and Restated Term Loan Agreement dated as of August 25, 2014 and effective as of January 30, 2015 (as amended, amended and restated, modified or supplemented from time to time, this “Agreement”) is entered into by and among ALBERTSON’S LLC, a Delaware limited liability company (“Parent Borrower”), ALBERTSONS COMPANIES, LLC (“Holdings”), the parties hereto from time to time as Co-Borrowers, the other Guarantors party hereto, the parties hereto from time to time as lenders, whether by execution of this Agreement or an Assignment and Acceptance (each individually, a “Lender” and collectively, “Lenders” as hereinafter further defined) and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, in its capacity as administrative agent and collateral agent (in such capacity, “Agent” as hereinafter further defined).
May 19th, 2017 · Common Contracts · 6 similar Safeway Stores 42, Inc. – SAFEWAY INC. SUPPLEMENTAL INDENTURE THIS SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) is entered into as of October 8, 2014, between Safeway Inc., a Delaware corporation (the “Company”), and The Bank of New York Mellon Trust Company, National Association, a bank duly organized and existing under the laws of the United States, as trustee (the “Trustee”), under that certain Indenture, dated as of September 10, 1997 (the “Original Indenture”), as amended and supplemented by that certain Officers’ Certificate Pursuant to Sections 2.2 and 10.4 of the Original Indenture, dated August 17, 2007 (the “Officers’ Certificate”), with respect to the Company’s 6.35% Notes Due 2017 (as so amended, the “Indenture”).
THIS SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) is entered into as of October 8, 2014, between Safeway Inc., a Delaware corporation (the “Company”), and The Bank of New York Mellon Trust Company, National Association, a bank duly organized and existing under the laws of the United States, as trustee (the “Trustee”), under that certain Indenture, dated as of September 10, 1997 (the “Original Indenture”), as amended and supplemented by that certain Officers’ Certificate Pursuant to Sections 2.2 and 10.4 of the Original Indenture, dated August 17, 2007 (the “Officers’ Certificate”), with respect to the Company’s 6.35% Notes Due 2017 (as so amended, the “Indenture”).
May 19th, 2017 · Common Contracts · 5 similar Safeway Stores 42, Inc. – O ORGANICS LLC LIMITED LIABILITY COMPANY AGREEMENT
May 19th, 2017 · Common Contracts · 5 similar Safeway Stores 42, Inc. – LIMITED LIABILITY COMPANY AGREEMENT OF FRESH HOLDINGS LLC dated June 1, 2006 THIS is the Limited Liability Company Agreement (the “Agreement”) dated as of June 1, 2006, made by Albertson’s LLC., a Delaware limited liability company, as the sole and original member of Fresh Holdings LLC (the “Company”). Unless the context otherwise requires, terms that are capitalized and not otherwise defined in context have the meanings set forth or cross referenced in Article II of this Agreement.
THIS is the Limited Liability Company Agreement (the “Agreement”) dated as of June 1, 2006, made by Albertson’s LLC., a Delaware limited liability company, as the sole and original member of Fresh Holdings LLC (the “Company”). Unless the context otherwise requires, terms that are capitalized and not otherwise defined in context have the meanings set forth or cross referenced in Article II of this Agreement.
May 19th, 2017 · Common Contracts · 4 similar Safeway Stores 42, Inc. – TRANSITION SERVICES AGREEMENT by and between SUPERVALU INC. and ALBERTSON’S LLC Dated as of March 21, 2013 This TRANSITION SERVICES AGREEMENT, dated as of March 21, 2013 (this “Services Agreement” or “TSA”), is entered into by and between SUPERVALU INC., a Delaware corporation (“SVU”) and Albertson’s LLC, a Delaware limited liability company (“ABS LLC” and together with its Subsidiaries other than New Albertson’s Inc. (“NAI”) and its Subsidiaries, “Albertson’s”). In this Services Agreement, SVU, on the one hand, and Albertson’s, on the other hand, are sometimes referred to individually as a “party” and collectively as the “parties.” In its capacity as a recipient of Services hereunder (as designated on Schedules 1 and 2 hereof with respect to particular services), each party is referred to herein as “Receiving Party,” and, in its capacity as a provider of Services hereunder (as designated on Schedules 1 and 2 hereof with respect to particular services), each party is referred to herein as “Service Provider.” All terms used herein and not defined herein shall have the meanings assigned to th
This TRANSITION SERVICES AGREEMENT, dated as of March 21, 2013 (this “Services Agreement” or “TSA”), is entered into by and between SUPERVALU INC., a Delaware corporation (“SVU”) and Albertson’s LLC, a Delaware limited liability company (“ABS LLC” and together with its Subsidiaries other than New Albertson’s Inc. (“NAI”) and its Subsidiaries, “Albertson’s”). In this Services Agreement, SVU, on the one hand, and Albertson’s, on the other hand, are sometimes referred to individually as a “party” and collectively as the “parties.” In its capacity as a recipient of Services hereunder (as designated on Schedules 1 and 2 hereof with respect to particular services), each party is referred to herein as “Receiving Party,” and, in its capacity as a provider of Services hereunder (as designated on Schedules 1 and 2 hereof with respect to particular services), each party is referred to herein as “Service Provider.” All terms used herein and not defined herein shall have the meanings assigned to th
May 19th, 2017 · Common Contracts · 4 similar Safeway Stores 42, Inc. – FIRST SUPPLEMENTAL INDENTURE December 23, 2016 FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) dated as of the date hereof, among each of the parties that are signatories hereto under the heading New Guarantors (collectively, the “New Guarantors”), a subsidiary of ALBERTSONS COMPANIES, LLC, a Delaware limited liability company (the “Company”), the Company, the Co-Issuers (as defined in the Indenture referred to herein) and WILMINGTON TRUST, NATIONAL ASSOCIATION, as trustee under the Indenture referred to below (the “Trustee”).
FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) dated as of the date hereof, among each of the parties that are signatories hereto under the heading New Guarantors (collectively, the “New Guarantors”), a subsidiary of ALBERTSONS COMPANIES, LLC, a Delaware limited liability company (the “Company”), the Company, the Co-Issuers (as defined in the Indenture referred to herein) and WILMINGTON TRUST, NATIONAL ASSOCIATION, as trustee under the Indenture referred to below (the “Trustee”).
May 19th, 2017 · Common Contracts · 4 similar Safeway Stores 42, Inc. – Registration Rights Agreement Dated as of May 31, 2016 by and among ALBERTSONS COMPANIES, LLC NEW ALBERTSON’S, INC. SAFEWAY INC. ALBERTSON’S LLC and the Guarantors listed on the Signature pages hereof, on the one hand, and Merrill Lynch, Pierce,... This REGISTRATION RIGHTS AGREEMENT (the “Agreement”) is made and entered into on May 31, 2016 (the “Closing Date”), by and among ALBERTSONS COMPANIES, LLC, a Delaware limited liability company (the “Company”), NEW ALBERTSON’S, INC., an Ohio corporation (“NAI”), SAFEWAY INC., a Delaware corporation (“Safeway”), ALBERTSON’S LLC, a Delaware limited liability company (“Albertsons” and together with the Company, NAI and Safeway, the “Co-Issuers”), and each domestic subsidiary of the Company listed on the signature page of this Agreement (the “Original Guarantors”), on the one hand, and Merrill Lynch, Pierce, Fenner & Smith Incorporated and Credit Suisse Securities (USA) LLC, each on behalf of itself and as a representative of each of the other Initial Purchasers named in Schedule A hereto (collectively, the “Initial Purchasers”), on the other hand.
This REGISTRATION RIGHTS AGREEMENT (the “Agreement”) is made and entered into on May 31, 2016 (the “Closing Date”), by and among ALBERTSONS COMPANIES, LLC, a Delaware limited liability company (the “Company”), NEW ALBERTSON’S, INC., an Ohio corporation (“NAI”), SAFEWAY INC., a Delaware corporation (“Safeway”), ALBERTSON’S LLC, a Delaware limited liability company (“Albertsons” and together with the Company, NAI and Safeway, the “Co-Issuers”), and each domestic subsidiary of the Company listed on the signature page of this Agreement (the “Original Guarantors”), on the one hand, and Merrill Lynch, Pierce, Fenner & Smith Incorporated and Credit Suisse Securities (USA) LLC, each on behalf of itself and as a representative of each of the other Initial Purchasers named in Schedule A hereto (collectively, the “Initial Purchasers”), on the other hand.
May 19th, 2017 · Common Contracts · 4 similar Safeway Stores 42, Inc. – TRANSITION SERVICES AGREEMENT by and between SUPERVALU INC. and NEW ALBERTSON’S, INC. Dated as of March 21, 2013 This TRANSITION SERVICES AGREEMENT, dated as of March 21, 2013 (this “Services Agreement” or “TSA”), is entered into by and between SUPERVALU INC., a Delaware corporation (“SVU”) and New Albertson’s, Inc., an Ohio corporation (“NAI” and together with its Subsidiaries, “New Albertson’s”). In this Services Agreement, SVU, on the one hand, and NAI, on the other hand, are sometimes referred to individually as a “party” and collectively as the “parties.” In its capacity as a recipient of Services hereunder (as designated on Schedules 1 and 2 hereof with respect to particular services), each party is referred to herein as “Receiving Party,” and, in its capacity as a provider of Services hereunder (as designated on Schedules 1 and 2 hereof with respect to particular services), each party is referred to herein as “Service Provider.” All terms used herein and not defined herein shall have the meanings assigned to them in the SPA (as defined below).
This TRANSITION SERVICES AGREEMENT, dated as of March 21, 2013 (this “Services Agreement” or “TSA”), is entered into by and between SUPERVALU INC., a Delaware corporation (“SVU”) and New Albertson’s, Inc., an Ohio corporation (“NAI” and together with its Subsidiaries, “New Albertson’s”). In this Services Agreement, SVU, on the one hand, and NAI, on the other hand, are sometimes referred to individually as a “party” and collectively as the “parties.” In its capacity as a recipient of Services hereunder (as designated on Schedules 1 and 2 hereof with respect to particular services), each party is referred to herein as “Receiving Party,” and, in its capacity as a provider of Services hereunder (as designated on Schedules 1 and 2 hereof with respect to particular services), each party is referred to herein as “Service Provider.” All terms used herein and not defined herein shall have the meanings assigned to them in the SPA (as defined below).
May 19th, 2017 · Common Contracts · 3 similar Safeway Stores 42, Inc. – CASA LEY CONTINGENT VALUE RIGHTS AGREEMENT BY AND AMONG AB ACQUISITION LLC, SAFEWAY INC. THE SHAREHOLDER REPRESENTATIVE, AS DEFINED HEREIN AND COMPUTERSHARE INC. AND COMPUTERSHARE TRUST COMPANY, N.A., AS RIGHTS AGENT DATED AS OF JANUARY 30, 2015 THIS CASA LEY CONTINGENT VALUE RIGHTS AGREEMENT, dated as of January 30, 2015 (this “Agreement”), is entered into by and among AB Acquisition LLC, a Delaware limited liability company (“Ultimate Parent”), Safeway Inc., a Delaware corporation (the “Company”), Computershare Inc. (“Computershare”) and its wholly owned subsidiary, Computershare Trust Company, N.A. together as rights agent (the “Rights Agent”) and the Shareholder Representative.
THIS CASA LEY CONTINGENT VALUE RIGHTS AGREEMENT, dated as of January 30, 2015 (this “Agreement”), is entered into by and among AB Acquisition LLC, a Delaware limited liability company (“Ultimate Parent”), Safeway Inc., a Delaware corporation (the “Company”), Computershare Inc. (“Computershare”) and its wholly owned subsidiary, Computershare Trust Company, N.A. together as rights agent (the “Rights Agent”) and the Shareholder Representative.
May 19th, 2017 · Common Contracts · 3 similar Safeway Stores 42, Inc. – SUPPLEMENTAL INDENTURE NO. 5 THIS INDENTURE, dated as of May 1, 1995 between AMERICAN STORES COMPANY, a Delaware corporation (the “Issuer”), and THE FIRST NATIONAL BANK OF CHICAGO, a national banking association, as trustee (the “Trustee”),
THIS INDENTURE, dated as of May 1, 1995 between AMERICAN STORES COMPANY, a Delaware corporation (the “Issuer”), and THE FIRST NATIONAL BANK OF CHICAGO, a national banking association, as trustee (the “Trustee”),
May 19th, 2017 · Common Contracts · 3 similar Safeway Stores 42, Inc. – ARTICLE TWO REPRESENTATIONS AND WARRANTIES
May 19th, 2017 · Common Contracts · 3 similar Safeway Stores 42, Inc. – SECOND AMENDED AND RESTATED TERM LOAN AGREEMENT by and among ALBERTSON’S HOLDINGS LLC, as Holdings, ALBERTSON’S LLC, as Parent Borrower, SATURN ACQUISITION MERGER SUB, INC., (to be merged with and into Safeway Inc.), as Co- Borrower, THE OTHER... This Second Amended and Restated Term Loan Agreement dated as of August 25, 2014 and effective as of January 30, 2015 (as amended, amended and restated, modified or supplemented from time to time, this “Agreement”) is entered into by and among ALBERTSON’S LLC, a Delaware limited liability company (“Parent Borrower”), ALBERTSON’S HOLDINGS LLC (“Holdings”), the parties hereto from time to time as Co-Borrowers, the Guarantors party hereto, the parties hereto from time to time as lenders, whether by execution of this Agreement or an Assignment and Acceptance (each individually, a “Lender” and collectively, “Lenders” as hereinafter further defined) and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, in its capacity as administrative agent and collateral agent (in such capacity, “Agent” as hereinafter further defined).
This Second Amended and Restated Term Loan Agreement dated as of August 25, 2014 and effective as of January 30, 2015 (as amended, amended and restated, modified or supplemented from time to time, this “Agreement”) is entered into by and among ALBERTSON’S LLC, a Delaware limited liability company (“Parent Borrower”), ALBERTSON’S HOLDINGS LLC (“Holdings”), the parties hereto from time to time as Co-Borrowers, the Guarantors party hereto, the parties hereto from time to time as lenders, whether by execution of this Agreement or an Assignment and Acceptance (each individually, a “Lender” and collectively, “Lenders” as hereinafter further defined) and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, in its capacity as administrative agent and collateral agent (in such capacity, “Agent” as hereinafter further defined).
May 19th, 2017 · Common Contracts · 3 similar Safeway Stores 42, Inc. – ALBERTSONS COMPANIES SPECIALTY PHARMACY, LLC LIMITED LIABILITY COMPANY AGREEMENT (the “Agreement”) dated as of December 28, 2016, adopted by New Albeltson’s, Inc. (the “Managing Member”).
LIMITED LIABILITY COMPANY AGREEMENT (the “Agreement”) dated as of December 28, 2016, adopted by New Albeltson’s, Inc. (the “Managing Member”).
May 19th, 2017 · Common Contracts · 3 similar Safeway Stores 42, Inc. – SECOND SUPPLEMENTAL INDENTURE April 21, 2017 SECOND SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) dated as of the date hereof, among each of the parties that are signatories hereto under the heading New Guarantors (collectively, the “New Guarantors”), a subsidiary of ALBERTSONS COMPANIES, LLC, a Delaware limited liability company (the “Company”), the Company, the Co-Issuers (as defined in the Indenture referred to herein) and WILMINGTON TRUST, NATIONAL ASSOCIATION, as trustee under the Indenture referred to below (the “Trustee”).
SECOND SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) dated as of the date hereof, among each of the parties that are signatories hereto under the heading New Guarantors (collectively, the “New Guarantors”), a subsidiary of ALBERTSONS COMPANIES, LLC, a Delaware limited liability company (the “Company”), the Company, the Co-Issuers (as defined in the Indenture referred to herein) and WILMINGTON TRUST, NATIONAL ASSOCIATION, as trustee under the Indenture referred to below (the “Trustee”).
May 19th, 2017 · Common Contracts · 2 similar Safeway Stores 42, Inc. – AMENDED AND RESTATED BY-LAWS OF ACME MARKETS, INC. (FORMERLY KNOWN AS AMERICAN SUPERSTORES DEVELOPMENT CO.) A Delaware Corporation May 28, 2008 The principal office of the Corporation shall be located at such place within or without the State of Delaware as shall be fixed from time to time by the Board of Directors. The Corporation may have such other offices, either within or without the State of Delaware as the Board of Directors may designate or as the business of the Corporation may from time to time require.
The principal office of the Corporation shall be located at such place within or without the State of Delaware as shall be fixed from time to time by the Board of Directors. The Corporation may have such other offices, either within or without the State of Delaware as the Board of Directors may designate or as the business of the Corporation may from time to time require.
May 19th, 2017 · Common Contracts · 2 similar Safeway Stores 42, Inc. – JOINDER AND ASSUMPTION AGREEMENT OF NAI GUARANTORS December 21, 2015 Reference is made to the Second Amended and Restated Term Loan Agreement, dated as of August 25, 2014 and effective as of January 30, 2015 (as further amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement”) among Albertson’s LLC, a Delaware limited liability company (“Parent Borrower”), Safeway Inc. (“Safeway”), the other co-borrowers party thereto (such term and each other capitalized term used but not defined herein having the meaning given to it in Section 1 of the Credit Agreement), the existing Guarantors party thereto, the Lenders from time to time party thereto and Credit Suisse AG, Cayman Islands Branch, in its capacity as administrative agent and collateral agent (the “Agent”).
Reference is made to the Second Amended and Restated Term Loan Agreement, dated as of August 25, 2014 and effective as of January 30, 2015 (as further amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement”) among Albertson’s LLC, a Delaware limited liability company (“Parent Borrower”), Safeway Inc. (“Safeway”), the other co-borrowers party thereto (such term and each other capitalized term used but not defined herein having the meaning given to it in Section 1 of the Credit Agreement), the existing Guarantors party thereto, the Lenders from time to time party thereto and Credit Suisse AG, Cayman Islands Branch, in its capacity as administrative agent and collateral agent (the “Agent”).
May 19th, 2017 · Common Contracts · 2 similar Safeway Stores 42, Inc. – AGREEMENT OF LIMITED PARTNERSHIP OF GFM ACQUISITION LP THIS AGREEMENT OF LIMITED PARTNERSHIP is entered into by and among GFM Holdings LLC, a Delaware limited liability company, as General Partner, and GFM Holdings II, Inc., a Delaware corporation, as initial Limited Partner, under the Delaware Revised Uniform Limited Partnership Act (6 Del. C. §17-101, et seq.), as amended from time to time (the “Act”).
THIS AGREEMENT OF LIMITED PARTNERSHIP is entered into by and among GFM Holdings LLC, a Delaware limited liability company, as General Partner, and GFM Holdings II, Inc., a Delaware corporation, as initial Limited Partner, under the Delaware Revised Uniform Limited Partnership Act (6 Del. C. §17-101, et seq.), as amended from time to time (the “Act”).
May 19th, 2017 · Common Contracts · 2 similar Safeway Stores 42, Inc. – THIRD SUPPLEMENTAL INDENTURE THIRD SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) dated as of May 5, 2017, among ALBERTSONS COMPANIES, LLC, a Delaware limited liability company (the “Company”), NEW ALBERTSON’S, INC., an Ohio corporation (“NAI”), SAFEWAY INC., a Delaware corporation (“Safeway”) and ALBERTSON’S LLC, a Delaware limited liability company (“Albertsons”, together with Safeway and NAI, each a “Existing Co-Issuer” and collectively, the “Existing Co-Issuers” and together with the Company, each an “Existing Issuer” and collectively, the “Existing Issuers”), the other parties that are signatories hereto under the heading Additional Issuers (each, a “Additional Issuer,” and collectively, the “Additional Issuers”) and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as trustee (in such capacity, together with its successors and assigns in such capacity, the “Trustee”).
THIRD SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) dated as of May 5, 2017, among ALBERTSONS COMPANIES, LLC, a Delaware limited liability company (the “Company”), NEW ALBERTSON’S, INC., an Ohio corporation (“NAI”), SAFEWAY INC., a Delaware corporation (“Safeway”) and ALBERTSON’S LLC, a Delaware limited liability company (“Albertsons”, together with Safeway and NAI, each a “Existing Co-Issuer” and collectively, the “Existing Co-Issuers” and together with the Company, each an “Existing Issuer” and collectively, the “Existing Issuers”), the other parties that are signatories hereto under the heading Additional Issuers (each, a “Additional Issuer,” and collectively, the “Additional Issuers”) and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as trustee (in such capacity, together with its successors and assigns in such capacity, the “Trustee”).
May 19th, 2017 · Common Contracts · 2 similar Safeway Stores 42, Inc. – AMENDMENT No. 3 and CONSENT, dated as of February 11, 2016 (this “Amendment”), to the Second Amended and Restated Term Loan Agreement, dated as of August 25, 2014 and effective as of January 30, 2015 (as amended by Amendment No. 1, dated as of... This THIRD AMENDED AND RESTATED SECURITY AGREEMENT dated as of March 21, 2013, amended and restated as of December 27, 2013, as further amended and restated as of January 30, 2015 and as further amended as of February 11, 2016 (as amended, restated, supplemented or otherwise modified from time to time in accordance with the provisions hereof, this “Security Agreement”) by (i) ALBERTSON’S LLC, a Delaware limited liability company as Parent Borrower (the “Parent Borrower”), (ii) SAFEWAY, INC. ( “Safeway”), (iii) SPIRIT ACQUISITION HOLDINGS LLC (“Spirit”), (iv) NEW ALBERTSON’S, INC. (“NAI”), (v) UNITED SUPERMARKETS, L.L.C. (“United” and, together with Safeway, Spirit and NAI, the “Co-Borrowers”, each, a “Co-Borrower” and together with the Parent Borrower, the “Borrowers”), (vi) ALBERTSONS COMPANIES, LLC (“Holdings”) and the OTHER GUARANTORS LISTED ON THE SIGNATURE PAGES HERETO (collectively, the “Original Guarantors”) AND THE OTHER GUARANTORS FROM TIME TO TIME PARTY HERETO BY EXECUTION OF
This THIRD AMENDED AND RESTATED SECURITY AGREEMENT dated as of March 21, 2013, amended and restated as of December 27, 2013, as further amended and restated as of January 30, 2015 and as further amended as of February 11, 2016 (as amended, restated, supplemented or otherwise modified from time to time in accordance with the provisions hereof, this “Security Agreement”) by (i) ALBERTSON’S LLC, a Delaware limited liability company as Parent Borrower (the “Parent Borrower”), (ii) SAFEWAY, INC. ( “Safeway”), (iii) SPIRIT ACQUISITION HOLDINGS LLC (“Spirit”), (iv) NEW ALBERTSON’S, INC. (“NAI”), (v) UNITED SUPERMARKETS, L.L.C. (“United” and, together with Safeway, Spirit and NAI, the “Co-Borrowers”, each, a “Co-Borrower” and together with the Parent Borrower, the “Borrowers”), (vi) ALBERTSONS COMPANIES, LLC (“Holdings”) and the OTHER GUARANTORS LISTED ON THE SIGNATURE PAGES HERETO (collectively, the “Original Guarantors”) AND THE OTHER GUARANTORS FROM TIME TO TIME PARTY HERETO BY EXECUTION OF
May 19th, 2017 · Common Contracts · 2 similar Safeway Stores 42, Inc. – AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF ABS REAL ESTATE INVESTOR HOLDINGS LLC This Limited Liability Company Agreement (together with the schedules attached hereto, this “Agreement”) of ABS REAL ESTATE INVESTOR HOLDINGS LLC (the “Company”) is made effective as of October 9, 2015 (the “Effective Date”), by and among ABS Real Estate Holdings LLC, a Delaware limited liability company, as the managing member (the “Managing Member”) and ABS Real Estate Corp., a Delaware corporation, as a member (a “Member”, and together with the Managing Member, the “Members”). Capitalized terms used and not otherwise defined herein have the meanings set forth on Schedule A hereto.
This Limited Liability Company Agreement (together with the schedules attached hereto, this “Agreement”) of ABS REAL ESTATE INVESTOR HOLDINGS LLC (the “Company”) is made effective as of October 9, 2015 (the “Effective Date”), by and among ABS Real Estate Holdings LLC, a Delaware limited liability company, as the managing member (the “Managing Member”) and ABS Real Estate Corp., a Delaware corporation, as a member (a “Member”, and together with the Managing Member, the “Members”). Capitalized terms used and not otherwise defined herein have the meanings set forth on Schedule A hereto.
May 19th, 2017 · Common Contracts · 2 similar Safeway Stores 42, Inc. – AGREEMENT OF LIMITED PARTNERSHIP OF NHI INVESTMENT PARTNERS, LP (A Delaware Limited Partnership) This AGREEMENT OF LIMITED PARTNERSHIP OF NHI INVESTMENT PARTNERS, LP (the “Agreement”) is made and entered into effective as of December 1, 2004, by and among the Partners (as defined below). In consideration of the mutual covenants, rights, and obligations set forth in this Agreement, the benefits to be derived therefrom, and other good and valuable consideration, the receipt and the sufficiency of which each Partner acknowledges and confesses, the Partners agree as follows:
This AGREEMENT OF LIMITED PARTNERSHIP OF NHI INVESTMENT PARTNERS, LP (the “Agreement”) is made and entered into effective as of December 1, 2004, by and among the Partners (as defined below). In consideration of the mutual covenants, rights, and obligations set forth in this Agreement, the benefits to be derived therefrom, and other good and valuable consideration, the receipt and the sufficiency of which each Partner acknowledges and confesses, the Partners agree as follows:
May 19th, 2017 · Common Contracts · 2 similar Safeway Stores 42, Inc. – LIMITED LIABILITY COMPANY AGREEMENT OF NEWCO INVESTMENTS, LLC (A Delaware Limited Liability Company) THIS LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) of NEWCO INVESTMENTS, LLC, a Delaware limited liability company (the “Company”), is made and entered into effective as of June 4, 2004, by EXTREME INC., the sole member of the Company (the “Sole Member”).
THIS LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) of NEWCO INVESTMENTS, LLC, a Delaware limited liability company (the “Company”), is made and entered into effective as of June 4, 2004, by EXTREME INC., the sole member of the Company (the “Sole Member”).
May 19th, 2017 · Common Contracts · 2 similar Safeway Stores 42, Inc. – SAFEWAY HOLDINGS I, LLC LIMITED LIABILITY COMPANY OPERATING AGREEMENT This LIMITED LIABILITY COMPANY AGREEMENT (the “Agreement”) of Safeway Holdings I, LLC (the “Company”) is effective as of September 27, 2006 (the “Agreement Date”).
This LIMITED LIABILITY COMPANY AGREEMENT (the “Agreement”) of Safeway Holdings I, LLC (the “Company”) is effective as of September 27, 2006 (the “Agreement Date”).
May 19th, 2017 · Common Contracts · 2 similar Safeway Stores 42, Inc. – LIMITED LIABILITY COMPANY AGREEMENT OF SAFEWAY ENERGY SERVICES, LLC A Delaware Limited Liability Company This LIMITED LIABILITY COMPANY AGREEMENT (the “Agreement”) of Safeway Energy Services, LLC (the “Company”) is effective as of August 10, 2001.
This LIMITED LIABILITY COMPANY AGREEMENT (the “Agreement”) of Safeway Energy Services, LLC (the “Company”) is effective as of August 10, 2001.
May 19th, 2017 · Common Contracts · 2 similar Safeway Stores 42, Inc. – LIMITED LIABILITY COMPANY AGREEMENT OF
May 19th, 2017 · Common Contracts · 2 similar Safeway Stores 42, Inc. – LIMITED LIABILITY COMPANY AGREEMENT OF WILDCAT MARKETS OPCO LLC a Delaware Limited Liability Company This LIMITED LIABILITY COMPANY AGREEMENT (the “Agreement”) of Wildcat Markets Opco LLC (the “Company”) is effective as of October 4, 2013.
This LIMITED LIABILITY COMPANY AGREEMENT (the “Agreement”) of Wildcat Markets Opco LLC (the “Company”) is effective as of October 4, 2013.
May 19th, 2017 · Common Contracts · 2 similar Safeway Stores 42, Inc. – AMENDMENT NO. 4 This Second Amended and Restated Term Loan Agreement dated as of August 25, 2014 and effective as of January 30, 2015 (as amended, amended and restated, modified or supplemented from time to time, this “Agreement”) is entered into by and among ALBERTSON’S LLC, a Delaware limited liability company (“Parent Borrower”), ALBERTSON’S HOLDINGSALBERTSONS COMPANIES, LLC (“Holdings”), the parties hereto from time to time as Co-Borrowers, the other Guarantors party hereto, the parties hereto from time to time as lenders, whether by execution of this Agreement or an Assignment and Acceptance (each individually, a “Lender” and collectively, “Lenders” as hereinafter further defined) and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, in its capacity as administrative agent and collateral agent (in such capacity, “Agent” as hereinafter further defined).
This Second Amended and Restated Term Loan Agreement dated as of August 25, 2014 and effective as of January 30, 2015 (as amended, amended and restated, modified or supplemented from time to time, this “Agreement”) is entered into by and among ALBERTSON’S LLC, a Delaware limited liability company (“Parent Borrower”), ALBERTSON’S HOLDINGSALBERTSONS COMPANIES, LLC (“Holdings”), the parties hereto from time to time as Co-Borrowers, the other Guarantors party hereto, the parties hereto from time to time as lenders, whether by execution of this Agreement or an Assignment and Acceptance (each individually, a “Lender” and collectively, “Lenders” as hereinafter further defined) and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, in its capacity as administrative agent and collateral agent (in such capacity, “Agent” as hereinafter further defined).
May 19th, 2017 · Common Contracts · 2 similar Safeway Stores 42, Inc. – LIMITED LIABILITY COMPANY AGREEMENT OF AMERICAN FOOD AND DRUG LLC dated June 1, 2006 THIS is the Limited Liability Company Agreement (the “Agreement”) dated as of , 2006, made by American Stores Company, LLC, a Delaware limited liability company, as the sole and original member of American Food and Drug LLC (the “Company”). Unless the context otherwise requires, terms that are capitalized and not otherwise defined in context have the meanings set forth or cross referenced in Article II of this Agreement.
THIS is the Limited Liability Company Agreement (the “Agreement”) dated as of , 2006, made by American Stores Company, LLC, a Delaware limited liability company, as the sole and original member of American Food and Drug LLC (the “Company”). Unless the context otherwise requires, terms that are capitalized and not otherwise defined in context have the meanings set forth or cross referenced in Article II of this Agreement.