The Kroger Co. Debt Securities Underwriting AgreementUnderwriting Agreement • October 1st, 2007 • Kroger Co • Retail-grocery stores • New York
From time to time The Kroger Co., an Ohio corporation (the “Company”), and the Guarantors on Schedule I and the signature pages hereto propose to enter into one or more Pricing Agreements (each a “Pricing Agreement”) in the form of Annex I hereto, with such additions and deletions as the parties thereto may determine, and, subject to the terms and conditions stated herein and therein, to issue and sell to the firms named in Schedule I to the applicable Pricing Agreement (such firms constituting the “Underwriters” with respect to such Pricing Agreement and the securities specified therein) certain of its debt securities (the “Securities”) specified in Schedule II to such Pricing Agreement (with respect to such Pricing Agreement, the “Designated Securities”).
Pricing AgreementPricing Agreement • October 1st, 2007 • Kroger Co • Retail-grocery stores
The Kroger Co., an Ohio corporation (the “Company”), and the Guarantors on Schedule A and on the signature pages hereto propose, subject to the terms and conditions stated herein and in the Underwriting Agreement, dated September 24, 2007 (the “Underwriting Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) the Securities (the “Designated Securities”) and related Guarantees specified in Schedule II hereto, which will be fully fungible with and form a single series with the Company’s 6.400% Senior Notes due 2017, originally issued on August 15, 2007 in the principal amount of $300,000,000. Each of the provisions of the Underwriting Agreement is incorporated herein by reference in its entirety, and shall be deemed to be a part of this Agreement to the same extent as if such provisions had been set forth in full herein; and each of the representations and warranties set forth therein shall be deemed to have been made at and as of the date of
