0001193125-07-106259 Sample Contracts

ASSET PURCHASE AGREEMENT between PETRO EXPRESS, INC. and THE PANTRY, INC. Dated as of January 5, 2007
Asset Purchase Agreement • May 8th, 2007 • Pantry Inc • Retail-auto dealers & gasoline stations • North Carolina

This Asset Purchase Agreement (the “Agreement”), dated as of the 5th day of January, 2007 (the “Execution Date”), by and between PETRO EXPRESS, INC., a North Carolina corporation (the “Seller”), and THE PANTRY, INC., a Delaware corporation (the “Purchaser”).

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THE PANTRY, INC. AWARD AGREEMENT (Awarding Nonqualified Stock Option to Non- Employee Director)
Award Agreement • May 8th, 2007 • Pantry Inc • Retail-auto dealers & gasoline stations • Delaware

THIS AWARD AGREEMENT (this “Agreement”) is entered into as of [Date] by and between The Pantry, Inc., a Delaware corporation (the “Company”), and [Director] (“Optionee”) pursuant to The Pantry, Inc. 2007 Omnibus Plan (the “Plan”). All capitalized terms not otherwise defined herein shall have the meanings set forth in the Plan.

EIGHTH AMENDMENT TO DISTRIBUTION SERVICE AGREEMENT
Distribution Service Agreement • May 8th, 2007 • Pantry Inc • Retail-auto dealers & gasoline stations

This Eighth Amendment to Distribution Service Agreement is entered into effective as of April 1, 2007 by and between The Pantry, Inc. (“Pantry”) and McLane Company, Inc. (“McLane”), and amends the Distribution Service Agreement between them dated October 10, 1999 (as previously amended, the “Agreement”).

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