ASSET PURCHASE AGREEMENTAsset Purchase Agreement • December 18th, 2008 • Nash Finch Co • Wholesale-groceries & related products • Delaware
THIS ASSET PURCHASE AGREEMENT (this “Agreement”), dated as of December 17, 2008, is made by and among GSC Enterprises, Inc., a Texas corporation (“Seller”), solely for purposes of Sections 5.3, 5.11, 7.3 and 9.15, MKM Management, L.L.C., a Texas limited liability company (“MKM Management”), solely for purposes of Sections 5.3, 5.11, 7.3 and 9.15, Michael K. McKenzie (“MKM”), Grocery Supply Acquisition Corp., a Delaware corporation (“Purchaser”); and solely for the purposes of Section 9.14, Nash Finch Company, a Delaware corporation (“Parent”). Each of Purchaser, Parent, Seller, MKM Management and MKM is referred to herein as a “Party” and collectively as the “Parties.” Capitalized terms used herein without definition shall have the meanings specified in Annex A below.
