Spartan Stores Exhibit 10.1 to Form 8-K - 01/08/09



EXHIBIT 10.1


SWAP TRANSACTION CONFIRMATION


          


	
Date:
	
January 05, 2009

	
To:
	
Spartan Stores, Inc. ("Counterparty")

	
Address:
	
850 76th St.

Grand Rapids MI

49518 USA

	
Email:
	
 

	
Attention:
	
Bill Jacobs

	
From:
	
Wachovia Bank, N.A. ("Wachovia")

	
Ref. No:
	
 





Dear Bill Jacobs:


This confirms the terms of the Transaction described below between Counterparty and Wachovia. The definitions and provisions contained in the 2006 ISDA Definitions, as published by the International Swaps and Derivatives Association, Inc., are incorporated into this Confirmation. In the event of any inconsistency between those definitions and provisions and this Confirmation, this Confirmation will govern. Fixed Amounts and Floating Amounts for each applicable Payment Date hereunder will be calculated in accordance with the ISDA Definitions, and if any Fixed Amount and Floating Amount are due for the same Payment Date hereunder, then those amounts shall not be payable and instead the Fixed Rate Payer shall pay the positive difference, if any, between the Fixed Amount and the Floating Amount, and the Floating Rate Payer shall pay the positive difference, if any, between the Floating Amount and the Fixed Amount.




1.   The terms of the particular Transaction to which the Confirmation relates are as follows:



	
Transaction Type:
	
Interest Rate Swap

	
Currency for Payments:
	
U.S. Dollars

	
Notional Amount:
	
USD 45,000,000.00

	
Term:
	
 

	
     Trade Date:
	
January 02, 2009

	
     Effective Date:
	
January 06, 2009

	
     Termination Date:
	
December 24, 2012, subject to adjustment in accordance with the

Modified Following Business Day Convention.

	
 
	
 

	
Fixed Amounts:
	
 

	
 
	
 

	
     Fixed Rate Payer:
	
Counterparty

	
     Payment Dates:
	
Monthly on the 24th of each month commencing January 26, 2009,

through and including the Termination Date

	
     Business Day Convention:
	
Modified Following

	
     Business Day:
	
New York

	
     Fixed Rate:
	
2.08%

	
     Fixed Rate Day Count Fraction:
	
Actual/360





Wachovia:














2/3



	
Floating Amounts:
	
 

	
 
	
 

	
     Floating Rate Payer:
	
Wachovia

	
     Payment Dates:
	
Monthly on the 24th of each month commencing January 26, 2009,

through and including the Termination Date

	
     Business Day Convention:
	
Modified Following

	
     Business Day:
	
New York

	
     Floating Rate for initial
	
0.43%

	
     Calculation Period:
	
 

	
     Floating Rate Option:
	
USD-LIBOR-BBA

	
     Designated Maturity:
	
1 Month

	
     Spread:
	
None

	
     Floating Rate Day Count
	
Actual/360

	
     Fraction:
	
 

	
     Floating Rate determined:
	
Two London Banking Days prior to each Reset Date.

	
     Reset Dates:
	
The first day of each Calculation Period.

	
     Compounding:
	
Inapplicable

	
     Rounding convention:
	
5 decimal places per the ISDA Definitions.









2.   The additional provisions of this Confirmation are as follows:



	
Calculation Agent:
	
Wachovia

	
Payment Instructions:
	
Wachovia Bank, N.A.

	
Wachovia Contacts:
	
Settlement and/or Rate Resets:

1-800-249-3865

1-704-383-8429



Documentation:

Tel: (704) 715-7051

Fax: (704) 383-9139



Collateral:

Tel: (704) 383-9529

Please quote transaction reference number.

	
Payments to Counterparty:
	
Per your standing payment instructions or debit authorization

if provided to Wachovia, as relevant. If not provided, please

contact us in order for payment to be made.



Phone:  1-800-249-3865 Fax: 1-704-383-8429





Documentation


This Confirmation supplements, forms part of, and is subject to, the Master Agreement between Wachovia and Counterparty dated as of December 12, 2008, as amended and supplemented from time to time (the "ISDA Master Agreement"). All provisions contained or incorporated by reference in the ISDA Master Agreement will govern this Confirmation except as expressly modified herein.


Wachovia:














3/3


Please confirm that the foregoing correctly sets forth the terms of our agreement by executing a copy of this Confirmation and returning it to us.



	
 
	
Very truly yours,

Wachovia Bank, N.A.
	
 

	
 
	
 
	
 

	
 
	
 
	
 

	
 
	
 
	
 

	
 
	
By:
	
/s/ Tracey Bissell

	
 

	
 
	
Name: Tracey Bissell

Title: Vice President
	
 

	
 
	
 
	
 

	
 
	
 
	
 

	
 
	
 
	
 

	
 
	
 
	
 

	
 
	
Ref. No.
	
 










	
Accepted and Confirmed as of date first

written above:

Spartan Stores, Inc.
	
 
	
 

	
 
	
 
	
 

	
 
	
 
	
 

	
 
	
 
	
 

	
By:
	
/s/ Bill Jacobs

	
 
	
 

	
Name:
	
Bill Jacobs
	
 
	
 

	
Title:
	
Corporate Treasurer
	
 
	
 



































Wachovia: