AGREEMENT AND PLAN OF MERGER Among UNIFIED GROCERS, INC., SUPERVALU INC. and WEST ACQUISITION CORPORATION Dated as of April 10, 2017Agreement and Plan of Merger • April 11th, 2017 • Unified Grocers, Inc. • Wholesale-groceries, general line • Delaware
AGREEMENT AND PLAN OF MERGER (hereinafter called this “Agreement”), dated as of April 10, 2017, is by and among Unified Grocers, Inc., a California corporation (the “Company”), SUPERVALU INC., a Delaware corporation (“Parent”) and West Acquisition Corporation, a California corporation and a wholly-owned subsidiary of Parent (“Merger Sub,” with the Company and Merger Sub sometimes being hereinafter collectively referred to, together, as the “Constituent Corporations”).
THIRD AMENDMENTThird • April 11th, 2017 • Unified Grocers, Inc. • Wholesale-groceries, general line • California
THIS THIRD AMENDMENT dated as of April 7, 2017 (this “Amendment”), is entered into among UNIFIED GROCERS, INC., a California corporation (“Borrower”), the financial institutions party hereto (“Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent for Lenders (in such capacity, “Administrative Agent”).
