EIGHTH AMENDMENT, WAIVER AND COLLATERAL RELEASEWaiver and Collateral Release • November 10th, 2004 • Smart & Final Inc/De • Wholesale-groceries & related products • California
This Eighth Amendment, Waiver and Collateral Release (this “Amendment”) is entered into as of April 8, 2004, by and among SMART & FINAL INC., a Delaware corporation (the “Borrower”), the Guarantors listed on the signature pages hereof, the financial institutions and other entities party hereto (the “Lenders”), and BNP PARIBAS, as Administrative Agent for the Lenders (the “Administrative Agent”).
CONSENT AND WAIVERConsent and Waiver • November 10th, 2004 • Smart & Final Inc/De • Wholesale-groceries & related products • California
This Consent and Waiver dated as of May 1, 2004 (this “Consent”) is among the Persons that have executed this Consent (the “Parties”). Capitalized terms used, but not defined, in this Consent are used as defined in the Lease Agreement, dated as of November 30, 2001 (the “Lease”), between Wells Fargo Bank Northwest, National Association, as Owner Trustee under S&F Trust 1998-1, as lessor, and Smart & Final Inc., as lessee, as modified by (i) Waiver and Amendment Agreement No. 1, dated as of June 4, 2002, (ii) Waiver and Amendment Agreement No. 2, dated as of February 14, 2003, (iii) Amendment Agreement No. 3, dated as of June 1, 2003, (iv) Waiver and Amendment Agreement, No. 4, dated as of July 11, 2003, (v) Consent, Waiver, Collateral Release and Amendment Agreement No. 5A, dated as of September 3, 2003, (vi) First Supplement to Consent, Waiver, Collateral Release and Amendment Agreement No. 5A, dated as of September 5, 2003, (vii) Consent, Waiver and Amendment Agreement No. 5B, dated
CONSENT AND WAIVERConsent and Waiver • November 10th, 2004 • Smart & Final Inc/De • Wholesale-groceries & related products • California
This Consent and Waiver dated as of March 8, 2004 (this “Consent”) is among the Persons that have executed this Consent (the “Parties”). Capitalized terms used, but not defined, in this Consent are used as defined in the Lease Agreement, dated as of November 30, 2001, between Wells Fargo Bank Northwest, National Association, as Owner Trustee under S&F Trust 1998-1, as lessor, and Smart & Final Inc., as lessee, as amended by Waiver and Amendment Agreement No. 1, dated as of June 4, 2002, by Waiver and Amendment Agreement No. 2, dated as of February 14, 2003, by Amendment Agreement No. 3, dated as of June 1, 2003, by Waiver and Amendment Agreement, No. 4, dated as of July 11, 2003, by Consent, Waiver, Collateral Release and Amendment Agreement No. 5A (the “Original Consent”), dated as of September 3, 2003, Sixth Amendment and Waiver to Lease Agreement, dated as of September 12, 2003 and by Amendment Agreement No. 7, dated as of October 21, 2003 (the “Lease”).
