AMENDED AND RESTATED CREDIT AGREEMENT AMONG MAPCO EXPRESS, INC. AND MAPCO FAMILY CENTERS, INC., AS BORROWERS, THE SEVERAL LENDERS FROM TIME TO TIME PARTIES HERETO, LEHMAN BROTHERS INC., AS ARRANGER, SUNTRUST BANK, AS SYNDICATION AGENT, BANK LEUMI USA,...Credit Agreement • March 12th, 2010 • Delek US Holdings, Inc. • Retail-auto dealers & gasoline stations • New York
AMENDED AND RESTATED CREDIT AGREEMENT, dated as of April 28, 2005,among MAPCO EXPRESS, INC., a Delaware corporation (“MAPCO Express”), and MAPCO FAMILY CENTERS, INC., a Delaware corporation (“MAPCO Family” and, together with MAPCO Express, the “Borrowers”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the“Lenders”), LEHMAN BROTHERS INC., as advisor, sole lead arranger and sole bookrunner (in such capacity, the “Arranger”), SUNTRUST BANK, as syndication agent (in such capacity, the “Syndication Agent”), BANK LEUMI USA, as co-administrative agent (in such capacity, the “Co-Administrative Agent”), and LEHMAN COMMERCIAL PAPER INC., as administrative agent (in such capacity, the“Administrative Agent”).
EIGHTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 12th, 2010 • Delek US Holdings, Inc. • Retail-auto dealers & gasoline stations • New York
This EIGHTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT dated as of December 3, 2008 (this “Amendment”), by and among MAPCO EXPRESS, INC., a Delaware corporation (the “Borrower”) and the Lenders (as defined herein) party hereto.
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 12th, 2010 • Delek US Holdings, Inc. • Retail-auto dealers & gasoline stations • New York
FIRST AMENDMENT, dated as of August 18, 2005 (this “Amendment”), to the AMENDED AND RESTATED CREDIT AGREEMENT, dated as of April 28, 2005 (as amended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement”), among MAPCO EXPRESS, INC., a Delaware corporation (“MAPCO Express”), and MAPCO FAMILY CENTERS, INC., a Delaware corporation (“MAPCO Family”), the several banks and other financial institutions or entities from time to time parties thereto (the “Lenders”), LEHMAN BROTHERS INC., as advisor, sole lead arranger and sole bookrunner (in such capacity, the “Arranger”), SUNTRUST BANK, as syndication agent (in such capacity, the “Syndication Agent”), BANK LEUMI USA, as co-administrative agent (in such capacity, the “Co-Administrative Agent”), and LEHMAN COMMERCIAL PAPER INC., as administrative agent (in such capacity, the “Administrative Agent”).
SECOND AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT dated as of October 13, 2006 among DELEK REFINING, LTD., DELEK PIPELINE TEXAS, INC., as Borrowers THE LENDERS FROM TIME TO TIME PARTY HERETO THE CIT GROUP/BUSINESS CREDIT, INC. and NATIONAL CITY...Revolving Credit Agreement • March 12th, 2010 • Delek US Holdings, Inc. • Retail-auto dealers & gasoline stations • Georgia
THIS SECOND AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT (this “ Agreement”) is made and entered into as of October 13, 2006, by and among, DELEK REFINING, LTD. (individually and, in its capacity as the representative of the other Borrowers pursuant to Section 2.27 hereof, “Delek Refining”), a Texas limited partnership; and DELEK PIPELINE TEXAS, INC. (“Delek Pipeline”), a Texas corporation; (Delek Refining and Delek Pipeline being referred to jointly as the “Borrowers ,” and individually as a “ Borrower”), the several banks and other financial institutions and lenders from time to time party hereto (the “Lenders”), SUNTRUST BANK, in its capacity as administrative agent for the Lenders (the “Administrative Agent”), as issuing bank (the “Issuing Bank”), as swingline lender (the “Swingline Lender”), and as collateral agent for the Lenders (the “Collateral Agent”), THE CIT GROUP/BUSINESS CREDIT, INC. and NATIONAL CITY BUSINESS CREDIT, INC., in their capacities as co-documentation agents
SIXTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 12th, 2010 • Delek US Holdings, Inc. • Retail-auto dealers & gasoline stations • New York
SIXTH AMENDMENT, dated as of July 13, 2006 (this “Amendment”) to the AMENDED AND RESTATED CREDIT AGREEMENT, dated as of April 28, 2005 (as amended by the First Amendment, dated as of August 18, 2005, the Second Amendment, dated as of October 11, 2005, the Third Amendment, dated as of December 15, 2005, the Fourth Amendment, dated as of April 18, 2006, the Fifth Amendment, dated as of June 14, 2006, and as further amended, supplemented or otherwise modified from time to time, the “Credit Agreement ”; unless otherwise noted herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement), among MAPCO EXPRESS, INC., a Delaware corporation (the “Borrower ”), the several banks and other financial institutions or entities from time to time parties to the Credit Agreement (the “ Lenders ”), LEHMAN BROTHERS INC., as advisor, sole lead arranger and sole bookrunner (in such capacity, the “Arranger ”), SUNTRUST BANK, as syndication agent
FOURTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 12th, 2010 • Delek US Holdings, Inc. • Retail-auto dealers & gasoline stations • New York
FOURTH AMENDMENT, dated as of April 18, 2006 (this “Amendment”) to the AMENDED AND RESTATED CREDIT AGREEMENT, dated as of April 28, 2005 (as amended by the First Amendment, dated as of August 18, 2005, the Second Amendment, dated as of October 11, 2005, the Third Amendment, dated as of December 15, 2005, and as further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among MAPCO EXPRESS, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to the Credit Agreement (the “Lenders”), LEHMAN BROTHERS INC., as advisor, sole lead arranger and sole bookrunner (in such capacity, the “Arranger”), SUNTRUST BANK, as syndication agent (in such capacity, the “Syndication Agent”), BANK LEUMI USA, as co-administrative agent (in such capacity, the “Co-Administrative Agent”), and LEHMAN COMMERCIAL PAPER INC., as administrative agent (in such capacity, the “Administrative Agent”).
THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 12th, 2010 • Delek US Holdings, Inc. • Retail-auto dealers & gasoline stations • New York
THIRD AMENDMENT, dated as of December 15, 2005 (this “Amendment”) to the AMENDED AND RESTATED CREDIT AGREEMENT, dated as of April 28, 2005 (as amended by the First Amendment, dated as of August 18, 2005, the Second Amendment, dated as of October 11, 2005, and as further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among MAPCO EXPRESS, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to the Credit Agreement (the “Lenders”), LEHMAN BROTHERS INC., as advisor, sole lead arranger and sole bookrunner (in such capacity, the “Arranger”), SUNTRUST BANK, as syndication agent (in such capacity, the “Syndication Agent”), BANK LEUMI USA, as co-administrative agent (in such capacity, the “Co-Administrative Agent”), and LEHMAN COMMERCIAL PAPER INC., as administrative agent (in such capacity, the “Administrative Agent”).
SEVENTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 12th, 2010 • Delek US Holdings, Inc. • Retail-auto dealers & gasoline stations • New York
SEVENTH AMENDMENT, dated as of March 30, 2007 (this “Amendment”) to the AMENDED AND RESTATED CREDIT AGREEMENT, dated as of April 28, 2005 (as amended by the First Amendment, dated as of August 18, 2005, the Second Amendment, dated as of October 11, 2005, the Third Amendment, dated as of December 15, 2005, the Fourth Amendment, dated as of April 18, 2006, the Fifth Amendment, dated as of June 14, 2006, the Sixth Amendment, dated as of July 13, 2006, and as further amended, supplemented or otherwise modified from time to time, the “Credit Agreement ”; unless otherwise noted herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement), among MAPCO EXPRESS, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to the Credit Agreement (the “Lenders”), LEHMAN BROTHERS INC., as advisor, sole lead arranger and sole bookrunner (in such capacity, the “
RESIGNATION, WAIVER, CONSENT AND APPOINTMENT AGREEMENTResignation, Waiver, Consent and Appointment Agreement • March 12th, 2010 • Delek US Holdings, Inc. • Retail-auto dealers & gasoline stations • New York
This RESIGNATION, WAIVER, CONSENT AND APPOINTMENT AGREEMENT (this “Agreement”) is made as of September 1, 2009 by and among Fifth Third Bank, N.A. (in its individual capacity, “Fifth Third”), Lehman Commercial Paper Inc., a debtor and debtor in possession under chapter 11 of the Bankruptcy Code (defined below) (in its individual capacity, “Lehman”), acting through one or more of its branches as the Administrative Agent (in such capacity, the “Lehman Agent”), Lehman, acting in its capacity as Swing Line Lender (in such capacity, the “Lehman Swing Line Lender”), Mapco Express, Inc., a Delaware corporation (the “Borrower”), each of the other “Loan Parties” (as defined in the Credit Agreement defined below) party hereto, Lehman, acting in its capacity as a “Lender” (as defined in the Credit Agreement defined below), and each of the other “Lenders” (as defined in the Credit Agreement defined below) party hereto. All capitalized terms used in this Agreement and not otherwise defined herein w
CONSENT AND NINTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 12th, 2010 • Delek US Holdings, Inc. • Retail-auto dealers & gasoline stations • New York
This CONSENT AND NINTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT dated as of January 28, 2009 (this “Amendment”), by and among MAPCO EXPRESS, INC., a Delaware corporation (the “Borrower”) and the Lenders (as defined herein) party hereto.
FIFTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 12th, 2010 • Delek US Holdings, Inc. • Retail-auto dealers & gasoline stations • New York
FIFTH AMENDMENT, dated as of June 14, 2006 (this “Amendment”) to the AMENDED AND RESTATED CREDIT AGREEMENT, dated as of April 28, 2005 (as amended by the First Amendment, dated as of August 18, 2005, the Second Amendment, dated as of October 11, 2005, the Third Amendment, dated as of December 15, 2005, the Fourth Amendment, dated as of April 18, 2006, and as further amended, supplemented or otherwise modified from time to time, the “Credit Agreement ”), among MAPCO EXPRESS, INC., a Delaware corporation (the “Borrower ”), the several banks and other financial institutions or entities from time to time parties to the Credit Agreement (the “Lenders ”), LEHMAN BROTHERS INC., as advisor, sole lead arranger and sole bookrunner (in such capacity, the “Arranger ”), SUNTRUST BANK, as syndication agent (in such capacity, the “Syndication Agent ”), BANK LEUMI USA, as co-administrative agent (in such capacity, the “Co-Administrative Agent ”), and LEHMAN COMMERCIAL PAPER INC., as administrative age
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 12th, 2010 • Delek US Holdings, Inc. • Retail-auto dealers & gasoline stations • Georgia
THIS FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is made and entered into as of December 15, 2008 (provided, that the provisions of Section 4 shall be effective as of the date provided therein), by and among DELEK REFINING, LTD. (individually and, in its capacity as the representative of the other Borrowers pursuant to Section 2.27 of the Credit Agreement (as hereafter defined), “Delek Refining”), a Texas limited partnership; and DELEK PIPELINE TEXAS, INC. (“Delek Pipeline”), a Texas corporation; (Delek Refining and Delek Pipeline being referred to jointly as the “Borrowers,” and individually as a “Borrower”); various financial institutions (“Lenders”); SUNTRUST BANK, in its capacity as administrative agent for the Lenders (the “Administrative Agent”), as issuing bank (the “Issuing Bank”), as swingline lender (the “Swingline Lender”), and in its capacity as collateral agent for the Lenders (the “Collateral Agent”; the Administrative Agent and Coll
FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 12th, 2010 • Delek US Holdings, Inc. • Retail-auto dealers & gasoline stations • Georgia
THIS FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is made and entered into as of February 18, 2009 (provided, that the provisions of Section 5 shall be effective as of the date provided therein), by and among DELEK REFINING, LTD. (individually and, in its capacity as the representative of the other Borrowers pursuant to Section 2.27 of the Credit Agreement (as hereafter defined), “Delek Refining”), a Texas limited partnership; and DELEK PIPELINE TEXAS, INC. (“Delek Pipeline”), a Texas corporation; (Delek Refining and Delek Pipeline being referred to jointly as the “Borrowers,” and individually as a “Borrower”); various financial institutions (“Lenders”); SUNTRUST BANK, in its capacity as administrative agent for the Lenders (the “Administrative Agent”), as issuing bank (the “Issuing Bank”), as swingline lender (the “Swingline Lender”), and in its capacity as collateral agent for the Lenders (the “Collateral Agent”; the Administrative Agent and Col
SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 12th, 2010 • Delek US Holdings, Inc. • Retail-auto dealers & gasoline stations • New York
SECOND AMENDMENT, dated as of October 11, 2005 (this “Amendment”), to the AMENDED AND RESTATED CREDIT AGREEMENT, dated as of April 28, 2005 (as amended by the First Amendment dated as of August 18, 2005 and as further amended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement”), among MAPCO EXPRESS, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to the Agreement (the “Lenders”), LEHMAN BROTHERS INC., as advisor, sole lead arranger and sole bookrunner (in such capacity, the “Arranger”), SUNTRUST BANK, as syndication agent (in such capacity, the “Syndication Agent”), BANK LEUMI USA, as co-administrative agent (in such capacity, the “Co-Administrative Agent”), and LEHMAN COMMERCIAL PAPER INC., as administrative agent (in such capacity, the “Administrative Agent”).
FIFTH AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 12th, 2010 • Delek US Holdings, Inc. • Retail-auto dealers & gasoline stations • Georgia
THIS FIFTH AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is made and entered into as of June 30, 2009 (provided, that the provisions of Section 5 shall be effective as of the date provided therein), by and among DELEK REFINING, LTD. (individually and, in its capacity as the representative of the other Borrowers pursuant to Section 2.27 of the Credit Agreement (as hereafter defined), “Delek Refining”), a Texas limited partnership; and DELEK PIPELINE TEXAS, INC. (“Delek Pipeline”), a Texas corporation; (Delek Refining and Delek Pipeline being referred to jointly as the “Borrowers,” and individually as a “Borrower”); various financial institutions (“Lenders”); SUNTRUST BANK, in its capacity as administrative agent for the Lenders (the “Administrative Agent”), as issuing bank (the “Issuing Bank”), as swingline lender (the “Swingline Lender”), and in its capacity as collateral agent for the Lenders (the “Collateral Agent”; the Administrative Agent and Collater
THOSE PORTIONS OF THIS AGREEMENT THAT HAVE BEEN OMITTED AND FILED SEPARATELY WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION PURSUANT TO DELEK US HOLDINGS, INC.’S APPLICATION REQUESTING CONFIDENTIAL TREATMENT ARE MARKED “[***]” HEREIN.] SECOND...Credit Agreement • March 12th, 2010 • Delek US Holdings, Inc. • Retail-auto dealers & gasoline stations • New York
SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of December 10, 2009, among MAPCO EXPRESS, INC., a Delaware corporation (“MAPCO Express” together with each other Person who becomes a borrower hereunder by execution of a joinder in the form of Exhibit A attached hereto, the “Borrowers”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), FIFTH THIRD BANK, an Ohio banking corporation, successor by merger with FIFTH THIRD BANK, N.A., as advisor, sole lead arranger and sole bookrunner (in such capacity, the “Arranger”), SUNTRUST BANK, as syndication agent (in such capacity, the “Syndication Agent”), BANK LEUMI USA, as co-administrative agent (in such capacity, the “Co-Administrative Agent”), and FIFTH THIRD BANK, an Ohio banking corporation, successor by merger with FIFTH THIRD BANK, N.A., as administrative agent (in such capacity, the “Administrative Agent”).
