CONSENT AND FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • May 31st, 2011 • Amcon Distributing Co • Wholesale-groceries, general line
THIS CONSENT AND FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is dated as of May 27, 2011 among each of AMCON Distributing Company, a Delaware corporation, having its principal place of business at 7405 Irvington Road, Omaha, Nebraska 68122 (“AMCON”), Chamberlin Natural Foods, Inc., a Florida corporation, having its principal place of business at 430 North Orlando Avenue, Winter Park, Florida 32789 (“Chamberlin Natural”), Health Food Associates, Inc., an Oklahoma corporation, having its principal place of business at 7807 East 51st Street, Tulsa, Oklahoma 74145 (“Health Food”), and AMCON ACQUISITION CORP., a Delaware corporation, having its principal place of business at 7405 Irvington Road, Omaha, Nebraska 68122 (“AMCON Acquisition”; AMCON, Chamberlin Natural, Health Food and AMCON Acquisition are each referred to as a “Borrower” and are collectively referred to as “Borrowers”), and BANK OF AMERICA, N.A., a national banking association (in its ind
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • May 31st, 2011 • Amcon Distributing Co • Wholesale-groceries, general line • Tennessee
THIS ASSET PURCHASE AGREEMENT is made and entered into this 26th day of May 2011, by and among L. P. Shanks Company, a Tennessee corporation ("Seller"), Scot H. Shanks, an individual ("Scot"), Scot H. Shanks as trustee of the L. Paul Shanks Trust under agreement dated June 6, 1990, as amended to date (the "Trust" and, together with Scot, "Shareholders" or each individually, as "Shareholder"), and AMCON Acquisition Corp., a Delaware corporation ("Buyer").
