United States Attorneys Office Northern District of New York Syracuse, NY 13261-7198 October 23, 2008 William J. Schwartz, Esq. Cooley Godward Kronish LLP New York, NY 10036-7796 RE: The Penn Traffic Company Dear Mr. Schwartz:Agreement Between the Usao and the Penn Traffic Company • December 11th, 2008 • Penn Traffic Co • Retail-grocery stores
This letter sets forth the agreement between the United States Attorney’s Office for the Northern District of New York (the “USAO”), and The Penn Traffic Company (“Penn Traffic”).
ACKNOWLEDGMENT AND CONSENTAcknowledgment and Consent • December 11th, 2008 • Penn Traffic Co • Retail-grocery stores • New York
This ACKNOWLEDGMENT AND CONSENT, dated as of October ___, 2008 (this “Consent”) is by and among: (a) THE PENN TRAFFIC COMPANY, a Delaware corporation (“Penn Traffic”), PENNY CURTISS BAKING COMPANY, INC., a New York corporation, and BIG M SUPERMARKETS, INC., a New York corporation (jointly, severally and collectively referred to herein, together with Penn Traffic, as “Borrowers” and individually as “Borrower”); (b) the other Credit Parties signatory hereto; (c) KIMCO CAPITAL CORP., a Delaware corporation, for itself, as Lender, and as Agent for the Lenders (in such capacity, the “Agent”); and (d) the other Lenders signatory hereto from time to time (collectively, the “Lenders”).
ContractSupply Agreement • December 11th, 2008 • Penn Traffic Co • Retail-grocery stores • New York
THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH “*” AND BRACKETS AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
FIFTH AMENDMENT, ACKNOWLEDGMENT AND CONSENT TO CREDIT AGREEMENTCredit Agreement • December 11th, 2008 • Penn Traffic Co • Retail-grocery stores • New York
This FIFTH AMENDMENT, ACKNOWLEDGMENT AND CONSENT TO CREDIT AGREEMENT, dated as of October 10, 2008 (this “Amendment”) is by and among: (a) THE PENN TRAFFIC COMPANY, a Delaware corporation (“Penn Traffic”), PENNY CURTISS BAKING COMPANY, INC., a New York corporation, and BIG M SUPERMARKETS, INC., a New York corporation (jointly, severally and collectively referred to herein, together with Penn Traffic, 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; and (d) the other Lenders signatory hereto from time to time (collectively, the “Lenders”).
