Exhibit 10.1
SIXTH AMENDMENT TO DISTRIBUTION
SERVICE AGREEMENT
THIS SIXTH AMENDMENT TO DISTRIBUTION
SERVICE AGREEMENT (the “Amendment”) is made and entered
effective as of April 21, 2005 (the “Sixth Amendment
Effective Date” by and between The Pantry, Inc., a Delaware
corporation (“Pantry”) and McLane Company, Inc., a
Texas corporation, d/b/a McLane Grocery Distribution
(“McLane”).
WHEREAS, Pantry, Lil’ Champ
Food Stores, Inc., a Florida corporation (“Lil’
Champ”), and McLane entered into (i) a Distribution Service
Agreement effective as of October 10, 1999, (ii) a First Amendment
to Distribution Service Agreement effective as of June 28, 2001
(“First Amendment”), (iii) a Second Amendment to
Distribution Service Agreement effective as of September 8, 2001
(“Second Amendment”), and (iv) a Third Amendment to
Distribution Service Agreement effective as of October 5, 2002
(“Third Amendment”); and Pantry (on behalf of itself
and as successor-in-interest to all rights and obligations of
Lil’ Champ) and McLane entered into (x) a Fourth Amendment to
Distribution Service Agreement effective as of October 16, 2003
(“Fourth Amendment”), and (y) a Fifth Amendment to
Distribution Service Agreement effective as of April 1, 2004
(“Fifth Amendment”) (the October 10, 1999 Distribution
Service Agreement, together with the First Amendment, Second
Amendment, Third Amendment, October Fourth Amendment, and Fifth
Amendment are hereinafter referred to collectively as the
“Service Agreement”); and
WHEREAS, Pantry and McLane desire to
further amend the Service Agreement;
NOW, THEREFORE, for and in
consideration of the promises, covenants and conditions contained
herein and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged. Pantry and McLane do
hereby agree as follows:
1.
Defined Terms . Capitalized terms
not specifically defined in this Amendment shall have the meaning
ascribed to them in the Service Agreement.
2.
Amendment of Section 4.1 . The first
sentence of Section 4.1 of the Service Agreement is hereby amended
to read in its entirety as follows:
“This Agreement shall, unless
earlier terminated in accordance with the terms of this Agreement,
continue until April 21, 2010.”
3.
Addition of New Section 3.6 .
Section 9 of the Third Amendment (as amended by Section 5 of the
Fourth Amendment) is hereby terminated. A new Section 3.6 is hereby
added to the Service Agreement to read in its entirety as
follows:
“3.6
Service A
