FIFTH AMENDMENT, ACKNOWLEDGMENT AND CONSENT AND WAIVER TO CREDIT AGREEMENTCredit Agreement • April 21st, 2009 • Penn Traffic Co • Retail-grocery stores • New York
This Fifth Amendment, Acknowledgment and Consent and Waiver to Credit Agreement, dated as of December 18, 2008 to the Credit Agreement referred to below (this “Amendment”) 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) the other Lenders signatory hereto from time to time (collectively, the “Lenders”).
SIXTH AMENDMENT, ACKNOWLEDGMENT AND CONSENT AND WAIVER TO CREDIT AGREEMENTCredit Agreement • April 21st, 2009 • Penn Traffic Co • Retail-grocery stores • New York
This SIXTH AMENDMENT, ACKNOWLEDGMENT AND CONSENT AND WAIVER TO CREDIT AGREEMENT, dated as of December 18, 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 (“Penny Curtiss”), and BIG M SUPERMARKETS, INC., a New York corporation (“BIG M”, and together with Penn Traffic and Penny Curtiss, jointly, severally and 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; and (d) the other Lenders signatory hereto from time to time (collectively, the “Lenders”).
