APW Supermarkets, Inc. Sample Contracts

LIMITED LIABILITY COMPANY AGREEMENT OF PLAINBRIDGE LLC A Delaware Limited Liability Company DATED AS OF: May 4, 2001
Limited Liability Company Agreement • January 13th, 2012 • APW Supermarkets, Inc. • Retail-grocery stores • Delaware

THE UNDERSIGNED is executing this Limited Liability Company Agreement (this “Agreement”) for the purpose of (i) effectuating the conversion of Plainbridge, Inc., a Delaware corporation (the “Converted Corporation”), to a Delaware limited liability company (the “Company”), and (ii) adopting a limited liability company agreement for the governance of the business and affairs of the Company, each pursuant to the provisions of the Delaware Limited Liability Company Act, 6 Del. C. §§ 18-101 et seq. (the “Delaware Act”).

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AMENDED AND RESTATED OPERATING AGREEMENT UPPER DARBY STUART, LLC July 30, 2009
Operating Agreement • January 13th, 2012 • APW Supermarkets, Inc. • Retail-grocery stores • Delaware

This Amended and Restated Operating Agreement, dated July 30, 2009, is entered into by Pathmark Stores, Inc., a Delaware corporation, as the sole member (the “Member”) of Upper Darby Stuart, LLC, a Delaware limited liability company (the “Company”).

AMENDED AND RESTATED OPERATING AGREEMENT EAST BRUNSWICK STUART LLC July 30, 2009
Operating Agreement • January 13th, 2012 • APW Supermarkets, Inc. • Retail-grocery stores • Delaware

This Amended and Restated Operating Agreement, dated July 30, 2009, is entered into by Pathmark Stores, Inc., a Delaware corporation, as the sole member (the “Member”) of East Brunswick Stuart LLC, a Delaware limited liability company (the “Company”).

THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC.]1
Indenture • January 20th, 2012 • APW Supermarkets, Inc. • Retail-grocery stores • New York

THIS INDENTURE is dated as of [ , 2012] (this “Indenture”), by and among [THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., a Delaware corporation]2 (the “Company”), the corporations and limited liability companies listed on the signature pages hereto (each, a “Guarantor” and collectively, the “Guarantors”, as more fully defined below) and [TRUSTEE], as trustee (the “Trustee”) [and as collateral agent] (the “Collateral Agent”).

MILIK SERVICE COMPANY, LLC A COMMONWEALTH OF VIRGINIA LIMITED LIABILITY COMPANY OPERATING AGREEMENT
Operating Agreement • January 13th, 2012 • APW Supermarkets, Inc. • Retail-grocery stores • Virginia

THIS OPERATING AGREEMENT is entered into and shall be effective for all purposes as of July 24, 2006 by Pathmark Stores, Inc., a Delaware Corporation (the “Member”).

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