SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 14th, 2003 • Smart & Final Inc/De • Wholesale-groceries & related products • California
This Second Amendment to Credit Agreement (this “Amendment”) is entered into as of February 18, 2003, by and among SMART & FINAL INC., a Delaware corporation (the “Borrower”), the Guarantors listed on the signature pages hereof, the financial institutions and other entities party hereto (the “Lenders”) and BNP PARIBAS, as Administrative Agent for the Lenders (the “Administrative Agent”).
WAIVER AND AMENDMENT AGREEMENT NO. 2Waiver and Amendment Agreement • March 14th, 2003 • Smart & Final Inc/De • Wholesale-groceries & related products • California
This Waiver and Amendment Agreement No. 2, dated and effective as of February 14, 2003 (this “Agreement”), is among the Persons which have executed this Agreement below. Capitalized terms used, but not defined, herein are used as defined in that certain Lease Agreement, dated as of November 30, 2001, between Wells Fargo Bank Northwest, National Association, as Owner Trustee under S&F Trust 1998-1, as lessor, and Smart & Final Inc., as lessee, as amended by Waiver and Amendment Agreement No. 1, dated as of June 4, 2002.
ARTICLES OF AGREEMENT 3Agreement • March 14th, 2003 • Smart & Final Inc/De • Wholesale-groceries & related products
THIS AGREEMENT made and entered into, by, and between Smart & Final Foodservice Distributors, hereafter referred to as the “Company” and the FOOD DISTRIBUTORS EMPLOYEES ASSOCIATION, hereafter referred to as the “Association”. This agreement between the Company and the Association recognizes the inclusion of the Davis Lay Produce distribution associates. It is mutually agreed the Company’s obligation to operate its business profitably and to fulfill its obligation to its associates should not be obstructed by disputes between the Company and the associates. It is therefore the intent of the parties hereto, to set forth herein, their agreements with respect to rates of pay, hours of work, and conditions of employment to be observed by the Company and the associates covered by this Agreement to provide procedures for equitable adjustments of grievances, to prevent interruptions of work, work stoppages, slow downs, or other interference’s with the work of the Company during the life of
