SPARTAN STORES, INC., AS ISSUER, THE GUARANTORS PARTY HERETO, AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., AS TRUSTEE INDENTURE DATED AS OF DECEMBER 6, 2012Indenture • December 6th, 2012 • Spartan Stores Inc • Wholesale-groceries, general line • New York
INDENTURE, dated as of December 6, 2012, among Spartan Stores, Inc., a Michigan corporation (the “Company”), the Guarantors (as defined below) party hereto and The Bank of New York Mellon Trust Company, N.A., a national banking association, as trustee (the “Trustee”).
EXCHANGE AND PURCHASE AGREEMENT December 4, 2012Exchange and Purchase Agreement • December 6th, 2012 • Spartan Stores Inc • Wholesale-groceries, general line
The Osterweis Strategic Income Fund (including any other persons or entities exchanging Existing Notes (as defined below) or purchasing New Notes (as defined below) hereunder for whom the undersigned Holder holds contractual and investment authority, the “Holder”) enters into this Exchange and Purchase Agreement (the “Agreement”) with Spartan Stores, Inc., a Michigan corporation (the “Company”), on the date first written above, whereby the Holder will (a) exchange (the “Exchange”) certain of the Company’s 3.375% Convertible Senior Notes due 2027 (the “Existing Notes”) for certain of the Company’s new Senior Notes due 2016 (the “New Notes”) that will be issued pursuant to the provisions of an Indenture, to be dated as of the Closing Date (as hereinafter defined) in the form of EXHIBIT A hereto (the “Indenture”) by and among the Company, each of the guarantors named therein (the “Guarantors”) and The Bank of New York Mellon Trust Company, N.A., as Trustee (the “Trustee”), and (b) purchas
AMENDMENT NO. 12 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 6th, 2012 • Spartan Stores Inc • Wholesale-groceries, general line • Illinois
WHEREAS, Borrowers and Guarantors have entered into financing arrangements with Agent and Lenders pursuant to which Lenders (or Administrative Agent on behalf of Lenders) have made and may make loans and advances and provide other financial accommodations to Borrowers as set forth in the Loan and Security Agreement, dated December 23, 2003, by and among Borrowers, Guarantors, Agent and Lenders, as amended and supplemented by Amendment No. 1 to Loan and Security Agreement, dated as of July 29, 2004, Amendment No. 2 to Loan and Security Agreement, dated as of December 22, 2004, Amendment No. 3 to Loan and Security Agreement, dated as of December 9, 2005, Amendment No. 4 to Loan and Security Agreement, dated as of March 17, 2006, Amendment No. 5 to Loan and Security Agreement, dated as of April 5, 2007, Amendment No. 6 to Loan and Security Agreement, dated as of May 22, 2007, Amendment No. 7 to Loan and Security Agreement, dated as of May 20, 2009, Amendment No. 8 to Loan and Security Agr
