STRIPES ACQUISITION LLC (to be merged with and into SUSSER HOLDINGS, L.L.C.) SUSSER FINANCE CORPORATION, as Issuers The GUARANTORS party hereto, as Guarantors and THE BANK OF NEW YORK, as Trustee 10 5/8% SENIOR NOTES DUE 2013 INDENTURE Dated as of...Indenture • May 12th, 2006 • Susser Holdings CORP • New York
INDENTURE dated as of December 21, 2005 among Stripes Acquisition LLC, a Delaware limited liability company (to be merged with and into Susser Holdings, L.L.C., a Delaware limited liability company)( (the “Company”), Susser Finance Corporation, a Delaware corporation (“SFC” and, together with the Company, the “Issuers”), each of the Guarantors party hereto, as Guarantors, and The Bank of New York, as trustee (the “Trustee”).
THIRD ADDENDUM TO DISTRIBUTOR FRANCHISE AGREEMENTDistributor Franchise Agreement • May 12th, 2006 • Susser Holdings CORP
This Third Addendum to Distributor Franchise Agreement is entered into by and between CITGO Petroleum Corporation (“CITGO”) and SSP Partners (“SSP”) on September 6, 1999.
DISTRIBUTOR FRANCHISE AGREEMENTDistributor Franchise Agreement • May 12th, 2006 • Susser Holdings CORP
As a Franchised Distributor, under this agreement you will be entitled to the protections of the Petroleum Marketing Practices Act, a federal law which was enacted on June 19, 1978. Title I of this law is intended to protect you against any arbitrary or discriminatory termination or non-renewal of your Franchise. CITGO Petroleum Corporation, as a Franchisor, is required to provide you with a summary of title 1 of the Petroleum Marketing Practices Act whenever notification of termination or non-renewal of your franchise is given. However, CITGO wishes to ensure that you are totally familiar with your rights in this regard even prior to executing this Franchise Agreement. Accordingly, on page i through iii herein we have produced the concise summary of the provisions of Title 1 as prepared and published by the secretary of energy in the Federal Register. Please review this summary carefully. You should resolve with your lawyer or other appropriate parties any questions you might have, pr
DISTRIBUTION SERVICE AGREEMENTDistribution Service Agreement • May 12th, 2006 • Susser Holdings CORP • Texas
This Distribution Service Agreement (the “Agreement”) is made and entered into as of the 21st day of August, 1997, by and between S.S.P./Circle K (hereinafter referred to as “Purchaser”) and McLANE COMPANY, INC., a Texas corporation (hereinafter referred to as “McLane”).
AMENDMENT TO THIRD ADDENDUM TO DISTRIBUTOR FRANCHISE AGREEMENTDistributor Franchise Agreement • May 12th, 2006 • Susser Holdings CORP
This Amendment to the Third Addendum to Distributor Franchise Agreement is entered into by and between CITGO Petroleum Corporation (“CITGO”) and SSP Partners (“SSP”) on March 28, 2001.
AGREEMENT AND PLAN OF MERGER by and among SUSSER HOLDINGS, L.L.C., STRIPES HOLDINGS LLC and STRIPES ACQUISITION LLC Date: November 4, 2005Merger Agreement • May 12th, 2006 • Susser Holdings CORP • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of November 4, 2005 (this “Agreement”), by and among Stripes Holdings LLC, a limited liability company existing under the laws of Delaware (“Parent”), Stripes Acquisition LLC, a limited liability company existing under the laws of Delaware and wholly-owned subsidiary of Parent (“Merger Sub”), and Susser Holdings, L.L.C., a limited liability company existing under the laws of Delaware (the “Company”).
ADDENDUM TO DISTRIBUTOR FRANCHISE AGREEMENTDistributor Franchise Agreement • May 12th, 2006 • Susser Holdings CORP
THIS ADDENDUM TO DISTRIBUTOR FRANCHISE AGREEMENT is entered into on this 15 day of January, 1996, by and between SSP Partners, P.O. Box 9036, Corpus Christi, Texas 78469 (the “Company”) and CITGO Petroleum Corporation, a Delaware corporation, having offices at 6100 South Yale, Tulsa, Oklahoma 74136 (“CITGO” ).
AMENDMENT TO DISTRIBUTOR FRANCHISE AGREEMENTDistributor Franchise Agreement • May 12th, 2006 • Susser Holdings CORP
IT IS AGREED THIS 17TH DAY OF FEBRUARY, 1997, BETWEEN CITGO PETROLEUM CORPORATION, A DELAWARE CORPORATION, HAVING A PLACE OF BUSINESS AT 5100 SOUTH YALE, P.O. BOX 3758, TULSA, OKLAHOMA 74102, HEREINAFTER REFERRED TO AS FRANCHISOR, AND SSP PARTNERS, HAVING A PRINCIPAL OFFICE AND PLACE OF BUSINESS AT 4433 BALDWIN, CORPUS CHRISTI, TX 78408, HEREINAFTER REFERRED TO AS FRANCHISEE.
LEASE AGREEMENT Between COMMERCIAL NET LEASE REALTY, LP, a Delaware limited partnership, as Landlord, and SSP PARTNERS, a Texas general partnership, as Tenant,Lease Agreement • May 12th, 2006 • Susser Holdings CORP
THIS LEASE AND AGREEMENT (the “Lease”) is made and entered into effective as of the ___ day of December, 2005 by and between COMMERCIAL NET LEASE REALTY, LP, a Delaware limited partnership (the “Landlord”), and SSP PARTNERS, a Texas general partnership (the “Tenant”).
CREDIT AGREEMENT among SUSSER HOLDINGS, L.L.C. and SSP PARTNERS, as Borrowers, THE BANKS, BANK OF AMERICA, N.A., as Administrative Agent for the Banks, MERRILL LYNCH & CO., MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED as Syndication Agent for...Credit Agreement • May 12th, 2006 • Susser Holdings CORP • New York
This Credit Agreement dated as of December 21, 2005, is among Susser Holdings, L.L.C., a Delaware limited liability company, and SSP Partners, a Texas general partnership, as Borrowers, the financial institutions named herein, as Banks, and Bank of America, N.A., as Administrative Agent for the Banks.
CHEVRON BRANDED JOBBER PETROLEUM PRODUCTS AGREEMENT Dated: March 15, 2005Chevron Branded Jobber Petroleum Products Agreement • May 12th, 2006 • Susser Holdings CORP
COASTAL TRANSPORT COMPANY, INC.Contract Carrier Transportation Agreement • May 12th, 2006 • Susser Holdings CORP
Coastal Transport Company, Inc. (“Coastal”) and Susser Petroleum Company, LP (“Susser”) have entered into a Contract Carrier Transportation Agreement dated September 12, 2005 (the “Contract”). Notwithstanding the terms of the Contract, Coastal and Susser agree that in the event Coastal provides its services to any other customer for deliveries in the same geographic areas as for Susser at rates and charges below those set forth in Appendices A-D of the Contract (as they may be adjusted from time to time), Coastal shall immediately extend those prices to Susser. This Letter Agreement shall continue for the entire Term of the Contract and shall be subject to the Audit provision contained in the Contract.
CONTRACT CARRIER TRANSPORTATION AGREEMENTTransportation Agreement • May 12th, 2006 • Susser Holdings CORP • Texas
AGREEMENT entered into effective on the date set forth below between COASTAL TRANSPORT CO., INC. with principal offices at 1603 Ackerman Road, San Antonio, Texas 78219 (“Carrier”) and SUSSER PETROLEUM COMPANY, LP, with offices at 555 East Airtex Drive, Houston, TX 77075 (“Shipper”).
First Amendment to Distributor Service AgreementDistributor Service Agreement • May 12th, 2006 • Susser Holdings CORP
This First Amendment to Distributor Service Agreement (the “Amendment”), is made and entered into effective as of and retroactive to January 1, 2005, by and between McLane Company, Inc., a Texas corporation (“McLane”), and SSP Partners, a Texas general partnership (“SSP”).
