0000950168-03-001972 Sample Contracts

AMENDED AND RESTATED 364-DAY CREDIT AGREEMENT Dated as of May 21, 2003
364-Day Credit Agreement • May 28th, 2003 • Kroger Co • Retail-grocery stores • New York

THE KROGER CO., an Ohio corporation (the “Borrower”), the banks, financial institutions and other institutional lenders (collectively, the “Initial Lenders”) party hereto, CITIBANK, N.A. and JPMORGAN CHASE BANK, as administrative agents, BANK OF AMERICA, N.A., BANK ONE, NA, THE BANK OF TOKYO-MITSUBISHI, LTD., CHICAGO BRANCH and UNION BANK OF CALIFORNIA, N.A., as co-syndication agents, CITIGROUP GLOBAL MARKETS INC. and JPMORGAN SECURITIES INC., as arrangers, and CITIBANK, N.A., as paying agent (the “Paying Agent”) for the Lenders (as defined in the Existing Credit Agreement defined below), hereby agree as follows:

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