SECOND SUPPLEMENTAL INDENTURE BETWEEN THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. AND WILMINGTON TRUST COMPANY Dated as of December 18, 2007 6.75% CONVERTIBLE SENIOR NOTES DUE 2012Great Atlantic & Pacific Tea Co Inc • December 21st, 2007 • Retail-grocery stores • New York
SECOND SUPPLEMENTAL INDENTURE, dated as of December 18, 2007 (this “Second Supplemental Indenture”), between THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., a Maryland corporation (the “Company”) and WILMINGTON TRUST COMPANY, as Trustee (the “Trustee”), supplementing the Indenture, dated as of December 18, 2007, between the Company and the Trustee (the “Base Indenture”).
AMENDMENT TO CONFIRMATIONConfirmation • December 21st, 2007 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
THIS AMENDMENT (this “Amendment”) is made as of December 17, 2007, between Lehman Brothers OTC Derivatives Inc. (“Dealer”) and The Great Atlantic & Pacific Tea Company, Inc. (the “Issuer”);
AMENDMENT TO CONFIRMATIONConfirmation • December 21st, 2007 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
THIS AMENDMENT (this “Amendment”) is made as of December 17, 2007, between Bank of America, N.A. (“Dealer”) and The Great Atlantic & Pacific Tea Company, Inc. (the “Issuer”);
AMENDMENT NO. 1 TO SHARE LENDING AGREEMENTShare Lending Agreement • December 21st, 2007 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores
This Amendment No. 1, dated as of December 18, 2007 (the “Amendment”), to the Share Lending Agreement, dated as of December 12, 2007 (the “Agreement”), is entered into between The Great Atlantic & Pacific Tea Company, Inc. (the “Company” or the “Lender”) and Bank of America, N.A. (“Borrower”). Unless the context indicates to the contrary, capitalized terms used and not defined herein shall have the meanings ascribed to them in the Agreement.
AMENDMENT NO. 1 TO SHARE LENDING AGREEMENTShare Lending Agreement • December 21st, 2007 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores
This Amendment No. 1, dated as of December 18, 2007 (the “Amendment”), to the Share Lending Agreement, dated as of December 12, 2007 (the “Agreement”), is entered into between The Great Atlantic & Pacific Tea Company, Inc. (the “Company” or the “Lender”) and Lehman Brothers International (Europe) Limited (“Borrower”), through Lehman Brothers Inc., as agent for Borrower (“Borrowing Agent”). Unless the context indicates to the contrary, capitalized terms used and not defined herein shall have the meanings ascribed to them in the Agreement.
