Epstein Secrets

any attempt by our stockholders to replace members of our management team. Examples of such provisions are as follows: from and after such date that Albertsons Investor, Kimco, Management Holdco and their respective Affiliates (as defined in Rule 12b-2 of the Exchange Act), or any person who is an express assignee o

en-outstanding shares of our common stock or by resolution of our board of directors; prior to the 50% Trigger Date, only our board of directors and the Designated Controlling Stockholder are expressly authorized to make, alter or repeal our bylaws and, from and after 44 hill). MW icc.go% A R: hi% es edgar data' 1646972 00011931251

res of common stock (on a pro rata and pan passu basis) in that registration with all registration expenses paid by us. Prior to the distribution by Albertsons Investor of all of our common stock it holds as of the completion of this offering to its equityholders, Holders other than Albertsons Investor will not be e

Our certificate of incorporation provides that, prior to the 50% Trigger Date, the authorized number of directors may be increased or decreased by the Designated Controlling Stockholder or a majority of our directors. The Designated Controlling Stockholder shall, immediately prior to the 50% Trigger Date, set the size of the board o

to the Albertsons Investor LLC Agreement and the Stockholders' Agreement, prior to the 50% Trigger Date, a majority vote of the management board of Albertsons Investor is required to designate directors to our board of directors if the designated directors consist of four designees of Cerberus (if Cerberus so reque

umber of directors will be determined by our board of directors. Our certificate of incorporation also provides that, prior to the 50% Trigger Date, the Designated Controlling Stockholder may increase or decrease the authorized 176 hill). V.1% icc.go% AR:likes edgar data' 1646972 000119312515335826'd900395dsla.htm110 14'2015 9:03:02