AMENDMENT TO DISTRIBUTION SERVICE AGREEMENT
Exhibit 10.76
AMENDMENT TO DISTRIBUTION SERVICE AGREEMENT
This Amendment to Distribution Service Agreement is entered into effective as of December 2, 2010 (subject to Section 2 below) by and between The Pantry, Inc.
(''The Pantry"), and XxXxxx Company, Inc. (“McLane"), and amends the Distribution
Service Agreement between them dated August 1, 2008 (the "Agreement").
1. Defined Terms. Each capitalized term used in this amendment without definition has the meaning -given to that term in the Agreement.
2. Conditional Nature of Amendment. This amendment shall take effect only upon the closing of the acquisition by The Pantry of 47 locations from Presto Convenience Stores LLC in the states of Kansas and Missouri.
3. Amendment of Agreement. Effective as of the date first written above, Exhibit B to the Agreement is amended by adding the following two lines to the rebate table set forth in Section 1 of that exhibit:
|
STATE |
BRANDED |
GENERIC |
VALUE |
PRIVATE LABEL |
|
Kansas |
[***] |
[***] |
[***] |
[***] |
|
Missouri |
[***] |
[***] |
[***] |
[***] |
4. Miscellaneous.
(a) This amendment is limited as specified and does not constitute a modification, amendment or waiver of any other provision of the Agreement. Except as specifically amended by this amendment, the Agreement remains in full force and effect and is hereby ratified and confirmed.
(b) This amendment may be executed in counterparts, each of which is to be deemed an original, and all of which constitute one and the same instrument.
(c) The laws of the state of Texas, other than its conflict of law rules, govern this amendment.
The parties have entered into this amendment as of the date first written above.
|
The Pantry, Inc.
By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: CFO Date: _2/1/12__________________ |
XxXxxx Company, Inc.
By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Sr. VP., Sales & Marketing Date: _2/7/12__________________ |
_________________
[***] Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.
