Albertsons Companies, Inc. is a controlled company under the applicable rules of the NYSE. See "Certain Relationships and Related Party Transactions—Albertsons Investor Limited Liability Company Agreement." The Stockholders' Agreement will provide that, except as otherwise required by applicable law, from the date on which (a) Albertsons Companies, I

under the Stockholders' Agreement, including but not limited to all underwriting discounts, commissions, fees and related expenses of underwriters. Albertsons Investor Limited Liability Company Agreement The Cerberus-led Consortium, other than Kimco, and certain other individuals who agreed to co-invest with them through Albertsons Investor, will en