INVESTMENT AGREEMENT By and Among THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. and YUCAIPA AMERICAN ALLIANCE FUND II, LP, YUCAIPA AMERICAN ALLIANCE (PARALLEL) FUND II, LP and YUCAIPA AMERICAN ALLIANCE FUND II, LLC, as Investors’ Representative and...Investment Agreement • July 24th, 2009 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
INVESTMENT AGREEMENT, dated as of July 23, 2009 (this “Agreement”), among THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., a Maryland corporation (the “Company”), and YUCAIPA AMERICAN ALLIANCE FUND II, LP (“YAAF”) and YUCAIPA AMERICAN ALLIANCE (PARALLEL) FUND II, LP (“YAAF Parallel” and, together with YAAF, the “Investors”), YUCAIPA CORPORATE INITIATIVES FUND I, LP, YUCAIPA AMERICAN ALLIANCE FUND I, LP and YUCAIPA AMERICAN ALLIANCE (PARALLEL) FUND I, LP (collectively, the “Existing Investors”) (who are parties to this Agreement solely with respect to Section 3.02 and Section 3.05 hereof) and YUCAIPA AMERICAN ALLIANCE FUND II, LLC (the “Investors’ Representative”) (which is a party to this Agreement solely with respect to Section 5.05 hereof).
SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • July 24th, 2009 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores
This Second Amendment to Amended and Restated Credit Agreement (this “Second Amendment”) is made as of this 23rd day of July, 2009 by and among
