EXHIBIT 4(m) SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of March 21, 2003Credit Agreement • June 27th, 2003 • Marsh Supermarkets Inc • Retail-grocery stores
1 EXHIBIT - 10(A) CONSULTING AGREEMENT THIS CONSULTING AGREEMENT (this "Agreement"), dated on the 9th day of October, 1998 and effective as of December 31, 1998 (the "Effective Date "), by and between Marsh Supermarkets, Inc., an Indiana corporation...Consulting Agreement • November 24th, 1998 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
BY AND AMONGMerger Agreement • May 3rd, 2006 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
EXHIBIT 2.1 ASSET PURCHASE AGREEMENTAsset Purchase Agreement • October 19th, 2001 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
andRights Agreement • December 24th, 1998 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
AMENDMENT TO AMENDED AND RESTATED RIGHTS AGREEMENTRights Agreement • May 3rd, 2006 • Marsh Supermarkets Inc • Retail-grocery stores
EXHIBIT 10(an) CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Confidential Settlement Agreement and Release of all Claims (hereinafter "Agreement") is entered into on this 13th day of April, 2005, by, between and among C. Alan Marsh,...Settlement Agreement • June 23rd, 2005 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
Exhibit 10(u) EMPLOYMENT AGREEMENT FOR DON E. MARSH MARSH SUPERMARKETS, INC. (Effective August 3,1999) THIS EMPLOYMENT AGREEMENT (this "Agreement")is made and entered into as of this 3rd day of August, 1999 by and between MARSH SUPERMARKETS, INC., an...Employment Agreement • June 27th, 2003 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
GUARANTYGuaranty • January 12th, 2006 • Marsh Supermarkets Inc • Retail-grocery stores • New York
WITNESSETH:Security Agreement • January 12th, 2006 • Marsh Supermarkets Inc • Retail-grocery stores • New York
DATED AS OFCredit Agreement • November 16th, 2005 • Marsh Supermarkets Inc • Retail-grocery stores • New York
EXHIBIT 4.1 FIRST AMENDMENT TO CREDIT AGREEMENT This First Amendment to the Credit Agreement (the "First Amendment") is made as of the 6th day of January, 2006 by and among: MARSH SUPERMARKETS, LLC an Indiana limited liability company, having its...Credit Agreement • January 12th, 2006 • Marsh Supermarkets Inc • Retail-grocery stores
WITNESSETH:Pledge Agreement • January 12th, 2006 • Marsh Supermarkets Inc • Retail-grocery stores • New York
Exhibit 10.1 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("Agreement") is entered into between Marsh Supermarkets, LLC, an Indiana limited liability company ("Company"), and Frank J. Bryja, a resident of Muncie, Indiana ("Executive"), as of...Employment Agreement • February 18th, 2003 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
Exhibit 4 SECOND AMENDMENT TO THE SECOND AMENDED AND RESTATED CREDIT AGREEMENT This second amendment (this "Amendment") dated as of October 3, 2003 is to the Second Amended and Restated Credit Agreement dated as of March 21, 2003 among MARSH...Credit Agreement • November 25th, 2003 • Marsh Supermarkets Inc • Retail-grocery stores
DRAWBRIDGE SPECIAL OPPORTUNITIES FUND LP 1345 AVENUE OF THE AMERICAS 46th FLOOR NEW YORK, NY 10105 TEL 212 798-6100 May 8, 2006 Board of Directors Marsh Supermarkets, Inc. 9800 Crosspoint Boulevard Indianapolis, Indiana 46256 Ladies and Gentlemen: On...Standstill Agreement • May 30th, 2006 • Marsh Supermarkets Inc • Retail-grocery stores
On behalf of our respective firms, Drawbridge Special Opportunities Advisors LLC ("Drawbridge") and Cardinal Paragon, Inc. ("Cardinal"), we request your consent, under the fifth paragraph of the letter agreement (the "Standstill Agreement") dated March 13, 2006, between Cardinal and Marsh Supermarkets, Inc. (the "Company"), to our again making the proposal to acquire the Company that we made in our letter dated April 27, 2006, to Don Marsh (our "Proposal").
WITNESSETH:Intellectual Property Security Agreement • January 12th, 2006 • Marsh Supermarkets Inc • Retail-grocery stores • New York
Exhibit 10(v) EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (this "Agreement")is made and entered into as of this 9th day of August, 2002, by and between MARSH SUPERMARKETS, INC., an Indiana corporation having its address at 9800 Crosspoint...Employment Agreement • June 27th, 2003 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
A. L. ROSS & SONS, INC., as Existing Guarantors, FLORAL FASHIONS, LLC O'MALIA FOOD MARKETS, LLC as Additional Guarantors, andExhibit • February 15th, 2002 • Marsh Supermarkets Inc • Retail-grocery stores • New York
RECITALSConsulting Agreement • May 26th, 2005 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
MARSH DRUGS, INC., MARSH VILLAGE PANTRIES, INC. MUNDY REALTY, INC., MAR PROPERTIES, INC., MARLEASE, INC., MARSH INTERNATIONAL, INC., MARAINES GREENERY, INC., LIMITED HOLDINGS, INC., CONVENIENCE STORE DISTRIBUTING COMPANY, MARSH P.Q., INC., S.C.T.,...First Supplemental Indenture • June 25th, 1998 • Marsh Supermarkets Inc • Retail-grocery stores • New York
RECITALSEmployment Agreement • December 30th, 2005 • Marsh Supermarkets Inc • Retail-grocery stores
Exhibit 10(ab) SPLIT DOLLAR INSURANCE AGREEMENT THIS SPLIT DOLLAR INSURANCE AGREEMENT (the "Agreement") is entered into effective the 6th day of May, 1998, by Marsh Supermarkets, Inc., an Indiana corporation (the "Company") and Douglas W. Dougherty...Split Dollar Insurance Agreement • June 27th, 2003 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
RECITALSEmployment Agreement • December 30th, 2005 • Marsh Supermarkets Inc • Retail-grocery stores
EXHIBIT 4.2 CREDIT AGREEMENTCredit Agreement • January 12th, 2006 • Marsh Supermarkets Inc • Retail-grocery stores • New York
RESTRICTED STOCK AGREEMENT under the Marsh Supermarkets, Inc. 1991 Employee Stock Incentive Plan (CLASS A COMMON STOCK)Restricted Stock Agreement • November 24th, 1997 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
Exhibit 10(a) THIS EMPLOYMENT AGREEMENT (this "Agreement") is made and entered into as of this 3rd day of August, 1999 by and between MARSH SUPERMARKETS, INC., an Indiana corporation having its address at 9800 Crosspoint Boulevard, Indianapolis,...Employment Agreement • November 22nd, 1999 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
EXHIBIT 10(p) SEVERANCE BENEFITS AGREEMENT THIS SEVERANCE BENEFITS AGREEMENT ("Agreement"), made and entered into as of January 1, 1996 (the "Effective Date"), by and between MARSH SUPERMARKETS, INC., an Indiana corporation with its principal office...Severance Benefits Agreement • July 15th, 1997 • Marsh Supermarkets Inc • Retail-grocery stores
AGREEMENTEmployment Agreement • October 28th, 2005 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
AGREEMENTEmployment Agreement • October 28th, 2005 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
AMENDMENT TO NOTE AGREEMENTS AND ASSUMPTION AGREEMENTAmendment to Note Agreements • July 15th, 1997 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
AMENDMENT TO NOTE AGREEMENTS AND ASSUMPTION AGREEMENTAmendment to Note Agreements and Assumption Agreement • July 15th, 1997 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
EMPLOYMENT AGREEMENT between MARSH SUPERMARKETS, INC. and DOUGLAS W. DOUGHERTYEmployment Agreement • June 15th, 2006 • Marsh Supermarkets Inc • Retail-grocery stores • Indiana
This Employment Agreement (“Agreement”) is made and entered into by and between Marsh Supermarkets, Inc. (the “Company”) and Douglas W. Dougherty (“Executive”) on June 9, 2006, but effective as of Effective Date (as defined below).
Exhibit 10 (b) EMPLOYMENT CONTRACT THIS AGREEMENT ("Agreement"), made and entered into as of June 1, 1997 (the "Effective Date"), by and between MARSH SUPERMARKETS, INC., an Indiana corporation with its principal office at 9800 Crosspoint Boulevard,...Employment Agreement • November 24th, 1997 • Marsh Supermarkets Inc • Retail-grocery stores
AMENDMENT NO. 1Credit Agreement • June 21st, 2006 • Marsh Supermarkets Inc • Retail-grocery stores • New York
This Amendment No. 1 dated as of June 16, 2006 (this “Agreement”) is entered into among Marsh Supermarkets, LLC, an Indiana limited liability company, as lead borrower (the “Lead Borrower”), (ii) the other Borrowers party hereto, (iii) the Facility Guarantors party hereto, (iv) Back Bay Capital Funding LLC, as Lender, Administrative Agent and Collateral Agent, and (v) the other Lenders party hereto. Capitalized terms used herein but not defined herein shall have the meanings provided in the Credit Agreement (as defined below).
