FIVE-YEAR CREDIT AGREEMENT Dated as of November 15, 2006Credit Agreement • November 20th, 2006 • Kroger Co • Retail-grocery stores • New York
THE KROGER CO., an Ohio corporation (the "Borrower"), the banks, financial institutions and other institutional lenders (the "Initial Lenders") listed on Schedule I hereto, and JPMORGAN CHASE BANK, N.A. ("JPMorgan Chase"), as an Issuing Bank (as defined below) and as an administrative agent (in such capacity, an "Administrative Agent") for the Lenders (as hereinafter defined) and the Issuing Banks and paying agent (in such capacity, the "Paying Agent") for the Lenders and the Issuing Banks, CITIBANK, N.A. ("Citibank"), as an Issuing Bank and as an administrative agent (in such capacity, an "Administrative Agent"; the Administrative Agents and the Paying Agent are, collectively, the "Agents") for the Lenders and the Issuing Banks, and BANK OF AMERICA, N.A., THE ROYAL BANK OF SCOTLAND PLC, UNION BANK OF CALIFORNIA, N.A. and THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., CHICAGO BRANCH, as co-syndication agents for the Lenders and the Issuing Banks, agree as follows:
