Exhibit 10.1
FIFTH AMENDMENT TO DISTRIBUTION SERVICE AGREEMENT
THIS FIFTH AMENDMENT TO DISTRIBUTION SERVICE AGREEMENT (the " Amendment" ) is made and entered into on the 1 st day of April, 2004, to be effective on the Effective Date (as defined below), by and between The Pantry, Inc., a
Delaware corporation (" Pantry" ) and McLane Company, Inc., a Texas corporation (" McLane" ).
RECITALS
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, (iii) a Second Amendment to Distribution Service Agreement effective as of September 8, 2001, and (iv) a Third Amendment to Distribution Service Agreement effective as of October 5, 2002, and Pantry (on behalf of itself and as successor in interest to all rights and obligations of Lil' Champ) and McLane entered into a Fourth Amendment to Distribution Service Agreement effective as of October 16, 2003 (the October 10, 1999 Distribution Service Agreement, together with the June 28, 2001 First Amendment, September 8, 2001 Second Amendment, October 5, 2002 Third Amendm ...