FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 17th, 2007 • Penn Traffic Co • Retail-grocery stores • New York
This FIRST AMENDMENT, dated as of December 26, 2006 (this “Amendment”), to the Credit Agreement referred to below is by and among (a) THE PENN TRAFFIC COMPANY, a Delaware corporation, PENNY CURTISS BAKING COMPANY, INC., a New York corporation, and BIG M SUPERMARKETS, INC., a New York corporation (collectively referred to herein as “Borrowers” and individually as “Borrower”); (b) the other Credit Parties signatory hereto; (c) KIMCO CAPITAL CORP., a Delaware corporation (in its individual capacity, “Kimco”), for itself, as Lender, and as Agent for Lenders (in such capacity, the “Agent”); and (d) and the other Lenders signatory hereto from time to time (collectively, the “Lenders”).
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 17th, 2007 • Penn Traffic Co • Retail-grocery stores • New York
This FIRST AMENDMENT, dated as of December 26, 2006 (this “Amendment”), to the Credit Agreement referred to below is by and among (a) THE PENN TRAFFIC COMPANY, a Delaware corporation, PENNY CURTISS BAKING COMPANY, INC., a New York corporation, and BIG M SUPERMARKETS, INC., a New York corporation (collectively referred to herein as “Borrowers” and individually as “Borrower”); (b) the other Credit Parties signatory hereto; (c) GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (in its individual capacity, “GE Capital”), for itself, as Lender, and as Agent for Lenders; (d) JPMORGAN CHASE BANK, N.A., a national banking association, for itself, as Lender, and as Syndication Agent for Lenders; (e) THE CIT GROUP/BUSINESS CREDIT, for itself as Lender, and as Documentation Agent for Lenders; and (f) the other Lenders signatory hereto from time to time (collectively, the “Lenders”).
