Nash Finch Co Sample Contracts

NASH-FINCH COMPANY
Credit Agreement • November 22nd, 1999 • Nash Finch Co • Wholesale-groceries & related products
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AMONG
Asset Purchase Agreement • January 17th, 1996 • Nash Finch Co • Wholesale-groceries & related products • Minnesota
NASH-FINCH COMPANY NOTE AGREEMENT
Note Agreement • November 6th, 1996 • Nash Finch Co • Wholesale-groceries & related products • Minnesota
CREDIT AGREEMENT
Credit Agreement • March 23rd, 2001 • Nash Finch Co • Wholesale-groceries & related products
RECITALS
Management Agreement • January 17th, 1996 • Nash Finch Co • Wholesale-groceries & related products • Virginia
CREDIT AGREEMENT by and between NASH-FINCH COMPANY, FIRST BANK NATIONAL ASSOCIATION, as Agent and as a Bank,
Credit Agreement • November 6th, 1996 • Nash Finch Co • Wholesale-groceries & related products • Minnesota
NASH-FINCH COMPANY
Credit Agreement • April 2nd, 1999 • Nash Finch Co • Wholesale-groceries & related products
NASH-FINCH COMPANY SECOND AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • April 3rd, 1998 • Nash Finch Co • Wholesale-groceries & related products
CREDIT AGREEMENT
Credit Agreement • December 23rd, 2011 • Nash Finch Co • Wholesale-groceries & related products • New York

NASH-FINCH COMPANY, a Delaware corporation (“Parent”), NASH BROTHERS TRADING COMPANY, a Delaware corporation (“Nash Brothers”), T.J. MORRIS COMPANY, a Georgia corporation (“T.J. Morris”), SUPER FOOD SERVICES, INC., a Delaware corporation (“Super Food”), U SAVE FOODS, INC., a Nebraska corporation (“U Save”), HINKY DINKY SUPERMARKETS, INC., a Nebraska corporation (“Hinky Dinky”), GTL TRUCK LINES, INC., a Nebraska corporation (“GTL”), ERICKSON’S DIVERSIFIED CORPORATION, a Wisconsin corporation (“Erickson’s”), GROCERY SUPPLY ACQUISITION CORP., a Delaware corporation (“Grocery Supply”), HINKY DINKY FALLS CITY, L.L.C., a Nebraska limited liability company (“HD Falls City”), WHITTON ENTERPRISES, INC., an Ohio corporation (“Whitton”, and together with Parent, Nash Brothers, T.J. Morris, Super Food, U Save, Hinky Dinky, GTL, Erickson’s, Grocery Supply, HD Falls City and any other Person that at any time after the date hereof becomes a Borrower, collectively, the “Borrowers” and individually, a

NASH-FINCH COMPANY
Third Amendment Agreement • March 28th, 1997 • Nash Finch Co • Wholesale-groceries & related products • Minnesota
NASH-FINCH COMPANY THIRD AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • May 12th, 1998 • Nash Finch Co • Wholesale-groceries & related products • Illinois
30,000,000 FIRST AMENDED AND RESTATED 8.13% SENIOR NOTES DUE OCTOBER 1,2006
Fourth Amendment Agreement • April 3rd, 1998 • Nash Finch Co • Wholesale-groceries & related products • Minnesota
NOTE AGREEMENTS Dated as of September 15, 1987, Re: $10,000,000 9.9% Senior Notes Due September 30, 2002
Note Agreements • March 28th, 1997 • Nash Finch Co • Wholesale-groceries & related products • Minnesota
FIRST SUPPLEMENTAL INDENTURE OF TRUST
Supplemental Indenture of Trust • March 31st, 2000 • Nash Finch Co • Wholesale-groceries & related products • New York
EXHIBIT 1 STOCKHOLDER RIGHTS AGREEMENT STOCKHOLDER RIGHTS AGREEMENT Dated as of February 13, 1996
Stockholder Rights Agreement • March 7th, 1996 • Nash Finch Co • Wholesale-groceries & related products • Delaware
CREDIT AGREEMENT
Credit Agreement • April 14th, 2008 • Nash Finch Co • Wholesale-groceries & related products • New York
Amended and Restated Loan and Security Agreement by and among Spartan Stores, Inc. and certain of its Subsidiaries as Borrowers and Any Person that becomes a Guarantor hereunder Wells Fargo Capital Finance, LLC as Administrative Agent The Lenders from...
Loan and Security Agreement • November 19th, 2013 • Nash Finch Co • Wholesale-groceries & related products • Delaware

This Amended and Restated Loan and Security Agreement dated, and as amended and restated, as of November 19, 2013 (the “Effective Date”) is entered into by and among Spartan Stores, Inc., a Michigan corporation (“Parent”), Spartan Stores Distribution, LLC, a Michigan limited liability company (“Stores Distribution”), Market Development, LLC, a Michigan limited liability company (“MDC”), Spartan Stores Associates, LLC, a Michigan limited liability company (“Associates”), Family Fare, LLC, a Michigan limited liability company (“Family Fare”), MSFC, LLC, a Michigan limited liability company (“MSFC”), Seaway Food Town, Inc., a Michigan corporation (“Seaway”), The Pharm of Michigan, Inc., a Michigan corporation (“Pharm”), Valley Farm Distributing Co., an Ohio corporation (“Valley Farm”), Gruber’s Real Estate, LLC, a Michigan limited liability company (“Gruber RE”), Prevo’s Family Markets, Inc., a Michigan corporation (“Prevo”), Custer Pharmacy, Inc., a Michigan corporation (“Custer”), Spart

AGREEMENT AND PLAN OF MERGER, dated as of July 21, 2013, among Spartan Stores, Inc. SS Delaware, Inc. and Nash-Finch Company
Merger Agreement • July 22nd, 2013 • Nash Finch Co • Wholesale-groceries & related products • Michigan

AGREEMENT AND PLAN OF MERGER, dated as of July 21, 2013 (this “Agreement”), by and among Spartan Stores, Inc., a Michigan corporation (“Spartan Stores”), SS Delaware, Inc., a Delaware corporation and a direct wholly-owned subsidiary of Spartan Stores (“Merger Sub”), and Nash-Finch Company, a Delaware corporation (“Nash-Finch”).

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THIRD SUPPLEMENTAL INDENTURE OF TRUST among NASH-FINCH COMPANY, as Issuer,
Third Supplemental Indenture of Trust • March 8th, 2002 • Nash Finch Co • Wholesale-groceries & related products • New York
CREDIT AGREEMENT among NASH-FINCH COMPANY, VARIOUS LENDERS, DEUTSCHE BANK TRUST COMPANY AMERICAS, as Administrative Agent, HARRIS TRUST AND SAVINGS BANK, as Syndication Agent, and GENERAL ELECTRIC CAPITAL CORPORATION and U.S. BANK NATIONAL...
Credit Agreement • November 17th, 2004 • Nash Finch Co • Wholesale-groceries & related products

CREDIT AGREEMENT, dated as of November 12, 2004, among NASH-FINCH COMPANY, a Delaware corporation (the “Borrower”), the Lenders party hereto from time to time, DEUTSCHE BANK TRUST COMPANY AMERICAS, as Administrative Agent, Harris Trust and Savings Bank, as Syndication Agent (in such capacity, the “Syndication Agent”), and General Electric Capital Corporation and U.S. Bank National Association, as Documentation Agents (in such capacity, the “Documentation Agents”, and each, a “Documentation Agent”), and (all capitalized terms used herein and defined in Section 12 are used herein as therein defined).

NASH-FINCH COMPANY
Note Agreement • April 3rd, 1998 • Nash Finch Co • Wholesale-groceries & related products • Minnesota
RESTRICTED STOCK UNIT AWARD AGREEMENT
Restricted Stock Unit Award Agreement • May 1st, 2007 • Nash Finch Co • Wholesale-groceries & related products • Minnesota

THIS AGREEMENT is entered into and effective as of February 27, 2007 (the “Date of Grant”), by and between Nash-Finch Company (the “Company”) and you, Alec C. Covington.

RESTRICTED STOCK UNIT AWARD AGREEMENT
Restricted Stock Unit Award Agreement • November 6th, 2008 • Nash Finch Co • Wholesale-groceries & related products • Minnesota

THIS AGREEMENT is entered into and effective as of [ ] (the “Date of Grant” ), by and between Nash-Finch Company (the “Company” ) and you, [ ].

AMENDED AND RESTATED STOCK APPRECIATION RIGHTS AGREEMENT
Stock Appreciation Rights Agreement • May 4th, 2009 • Nash Finch Co • Wholesale-groceries & related products • Minnesota

THIS AMENDED AND RESTATED STOCK APPRECIATION RIGHT AGREEMENT UNDER THE NASH-FINCH COMPANY 2000 STOCK INCENTIVE PLAN is entered into and effective as of December 17, 2008 (the “Date of Grant”), by and between Nash-Finch Company (the “Company”) and [ ] (the “Executive”).

PERFORMANCE UNIT AWARD AGREEMENT
Performance Unit Award Agreement • March 2nd, 2005 • Nash Finch Co • Wholesale-groceries & related products • Minnesota

THIS PERFORMANCE UNIT AWARD AGREEMENT is entered into and effective as of this 1st day of October, 2001 (the “Date of Grant”), by and between Nash-Finch Company (the “Company”) and Ron Marshall (the “Grantee”).

SECOND SUPPLEMENTAL INDENTURE OF TRUST among NASH-FINCH COMPANY, as Issuer,
Second Supplemental Indenture of Trust • March 8th, 2002 • Nash Finch Co • Wholesale-groceries & related products • New York
RESTRICTED STOCK AWARD AGREEMENT
Restricted Stock Award Agreement • May 15th, 2003 • Nash Finch Co • Wholesale-groceries & related products • Minnesota

THIS AGREEMENT, effective as of February 19, 2002 (the “Date of Grant”), is entered into by and between Nash-Finch Company, a Delaware corporation (the “Company”), and Ron Marshall (the “Grantee”).

Form of Change in Control Agreement
Change in Control Agreement • March 1st, 2007 • Nash Finch Co • Wholesale-groceries & related products • Delaware

You are presently the «Title» of Nash Finch Company, a Delaware corporation. The Company considers the establishment and maintenance of a sound and vital management to be essential to protecting and enhancing the best interests of the Company and its stockholders. In this connection, the Company recognizes that, as is the case with many publicly held corporations, the possibility of a Change in Control may arise and that such possibility, and the uncertainty and questions which it may raise among management, may result in the departure or distraction of management personnel to the detriment of the Company and its stockholders.

RECITALS
Retirement Agreement • November 24th, 1998 • Nash Finch Co • Wholesale-groceries & related products • Minnesota
Letter Agreement between Nash-Finch Company and Kevin Elliott dated November 12, 2012.
Employment Agreement • April 26th, 2013 • Nash Finch Co • Wholesale-groceries & related products
Registration Rights Agreement Dated as of March 15, 2005 among Nash-Finch Company and Deutsche Bank Securities Inc. and Merrill Lynch & Co., Merrill Lynch, Pierce, Fenner & Smith Incorporated
Registration Rights Agreement • March 15th, 2005 • Nash Finch Co • Wholesale-groceries & related products • New York

This Registration Rights Agreement (this “Agreement”) is made and entered into as of March 15, 2005 by and among Nash-Finch Company, a Delaware corporation (the “Issuer”), and Deutsche Bank Securities Inc. and Merrill Lynch & Co., Merrill Lynch, Pierce, Fenner & Smith Incorporated (the “Initial Purchasers”).

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