AMENDED AND RESTATED CREDIT AGREEMENT dated as of December 23, 2008 among VOLUME SERVICES AMERICA, INC., VOLUME SERVICES, INC. and SERVICE AMERICA CORPORATION, as Borrowers, CENTERPLATE, INC., as a Guarantor, THE LENDERS SIGNATORY HERETO FROM TIME TO...Credit Agreement • December 24th, 2008 • Centerplate, Inc. • Retail-eating places • New York
This AMENDED AND RESTATED CREDIT AGREEMENT, dated as of December 23, 2008 (this “Agreement”), is entered into by and among VOLUME SERVICES AMERICA, INC., a Delaware corporation (“VSA”), VOLUME SERVICES, INC., a Delaware corporation (“VS”), SERVICE AMERICA CORPORATION, a Delaware corporation (“SAC”) (VSA, VS and SAC are sometimes collectively referred to herein as the “Borrowers” and individually as a “Borrower”), CENTERPLATE, INC., a Delaware corporation (“Holdings”), THE LENDERS SIGNATORY HERETO FROM TIME TO TIME, as the Lenders (as defined herein), and GENERAL ELECTRIC CAPITAL CORPORATION, as a Lender and as the Administrative Agent (together with its permitted successors in such capacity, the “Administrative Agent”).
AMENDMENT TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • December 24th, 2008 • Centerplate, Inc. • Retail-eating places • Delaware
This AMENDMENT TO THE AGREEMENT AND PLAN OF MERGER (this “Amendment”), dated as of December 23, 2008, made and entered into by and among KPLT Holdings, Inc., a Delaware Corporation (“Parent”), KPLT Mergerco, Inc., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), and Centerplate, Inc., a Delaware corporation (the “Company”), shall constitute the first amendment to the Agreement and Plan of Merger, dated as of September 18, 2008, by and among Parent, Merger Sub and the Company (the “Merger Agreement”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Merger Agreement.
