March 31, 2004 Smithfield Foods, Inc.
EXHIBIT 4.7(h)
Xxxxx 00, 0000
Xxxxxxxxxx Foods, Inc.
To the Obligors party to the
Credit Agreement referred to
below
Ladies and Gentlemen:
We refer (i) to the Multi-Year Credit Agreement dated as of December 6, 2001 (the “Credit Agreement”) between Smithfield Foods, Inc. (the “Borrower”), the Subsidiary Guarantors party thereto, the lenders party thereto and JPMorgan Chase Bank, as administrative agent and (ii) the Consent dated as of October 31, 2003 (the “Consent”) pursuant to which such lenders consented to the sale by the Borrower of all the issued and outstanding shares of Smithfield Canada Limited and 2004171 Ontario Inc. to Maple Leaf Foods, Inc.
The Administrative Agent has been granted authority by the Required Lenders (as defined in the Credit Agreement) to execute and deliver this letter. This letter constitutes the agreement of the Required Lenders and the Administrative Agent with the Borrower and the Subsidiary Guarantors party to the Credit Agreement that the date by which the sale to Maple Leaf Foods, Inc., is to be finalized and all related cash consideration is to be received be extended from April 1, 2004 to April 30, 2004. Except as herein provided the Credit Agreement shall remain unchanged and in full force and effect.
| Very truly yours, | ||
| JPMORGAN CHASE BANK, as Administrative Agent | ||
| By: | /s/ X.X. XXXXXXXX | |
| Name: Title: |
X. X. Xxxxxxxx Vice President | |
Accepted and agreed to
as of the date first
written above by:
SMITHFIELD FOODS, INC.
| By: | /s/ Xxxxxxx Xxxxxxx | |
| Name: |
Xxxxxxx Xxxxxxx | |
| Title: |
Treasurer |
SUBSIDIARY GUARANTORS
| CODDLE ROASTED MEATS, INC. XXXXXXXX OF SMITHFIELD, LTD. XXXXXXX’X OLD FASHIONED COUNTRY HAM, INC. |
THE OHIO FEED LOT, INC. SHOWCASE FOODS, INC. KRAKUS FOODS INTERNATIONAL, INC. | |
| IOWA QUALITY MEATS, LTD. XXXX XXXXXXX & CO. XXXXX MEAT GROUP, INC. XXXXX PACKING COMPANY MURCO FOODS, INC. |
By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Vice President | |
| NORTH SIDE FOODS CORP. PACKERLAND PROCESSING COMPANY, INC. PACKERLAND HOLDINGS, INC. XXXXXXX XXXXXX INCORPORATED PREMIUM PORK, INC. QUIK-TO-FIX FOODS, INC. XXXXXXX’X COUNTRY HAMS, INC. SUN LAND BEEF COMPANY SUNNYLAND, INC. THE SMITHFIELD COMPANIES, INC. THE SMITHFIELD PACKING COMPANY, INCORPORATED STEFANO FOODS, INC. THE SMITHFIELD HAM AND PRODUCTS COMPANY, INCORPORATED DAKOTA ACQUISITION COMPANY XXXX XXXXXXX OF JAPAN, INC. XXXXXX FARMS OF TEXHOMA, INC. |
XXXXX’X OF CAROLINA, LLC XXXXXXX’X FOODS LLC XXXXXXX’X FOODS OF VIRGINIA LLC CENTRAL PLAINS FARMS LLC CIRCLE FOUR LLC XXXXXX FARMS LLC QUARTER M FARMS LLC XXXXXX-XXXXX HOLDINGS LLC, each a Delaware limited liability company
By: XXXXXX-XXXXX, LLC, a Delaware limited liability company, as its sole member of each
|
| By: XXXX XXXXXXX & CO., | ||
| a Delaware corporation, | ||
| as its sole member | ||
| /s/ Xxxxxxx Xxxx | ||
| Name: Xxxxxxx Xxxx | ||
| Title: Vice President | ||
| XXXXXX-XXXXX LLC, a Delaware limited liability company | ||
| By: | XXXX XXXXXXX & CO., | |
| a Delaware corporation, as its sole member | ||
| /s/ Xxxxxxx Xxxx | ||
| Name: Xxxxxxx Xxxx Title: Vice President |
| GREAT LAKES CATTLE CREDIT COMPANY, LLC, | ||
| a Delaware limited liability company, | ||
| By: PACKERLAND HOLDINGS, INC., | ||
| a Delaware corporation, as its sole member | ||
| /s/ Xxxxxxx Xxxx | ||
| Name: Xxxxxxx Xxxx Title: Vice President |
