- 13 - petitioner’s obligations under the lease (petitioner’s lease) of the new site for one of petitioner’s stores. In return for SUPERVALU’s guaranty of petitioner’s lease, on January 26, 2000, petitioner entered into several agreements with SUPERVALU, including: (1) An agreement that granted to SUPERVALU a security interest in certain of petitioner’s assets;11 (2) a first amend- ment to the April 16, 1999 supply agreement that, inter alia, amended the term of that supply agreement12 but that did not alter petitioner’s annual purchase requirement under the April 16, 1999 supply agreement; (3) a retailer’s agreement that (a) required SUPERVALU to make its product lines available to petitioner at certain prices and to provide petitioner with certain services, including field advisory, warehousing, and marketing services, and (b) required petitioner to comply with SUPERVALU’s payment, accounting, inventory, and confidentiality 11Around early February 2000, SUPERVALU filed financing statements with Cumberland County, Pa., and the Pennsylvania secretary of state in order to perfect the security interest in certain of petitioner’s assets that petitioner granted to SUPERVALU on Jan. 26, 2000. 12The first amendment to the April 16, 1999 supply agreement provided in pertinent part: The term of the [April 16, 1999 supply] Agreement is hereby amended such that Retailer’s [petitioner’s] obligations under this Agreement shall continue in effect for the longer of (a) five (5) years from the Execution Date, or (b) as long as any Capital Commit- ment [i.e., any capital committed by SUPERVALU for the benefit of petitioner] remains outstanding.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011