0000100493-04-000047 Sample Contracts

FIVE-YEAR CREDIT AGREEMENT dated as of June 9, 2004 among TYSON FOODS, INC., as Borrower THE LENDERS PARTY HERETO JPMORGAN CHASE BANK, as Administrative Agent MERRILL LYNCH BANK USA, as Syndication Agent SUNTRUST BANK, RABOBANK INTERNATIONAL BNP...
Credit Agreement • August 3rd, 2004 • Tyson Foods Inc • Poultry slaughtering and processing • New York

Exhibit 1.01 Form of Guarantee Agreement Exhibit 2.02 Form of Notice of Borrowing Exhibit 2.04(a) Form of Competitive Bid Request Exhibit 2.04(b) Form of Competitive Bid Exhibit 2.05(b) Form of Committed Loan Promissory Note Exhibit 2.05(c) Form of Bid Loan Promissory Note Exhibit 2.11 Form of Notice of Conversion/Continuation Exhibit 5.01 Form of Opinion Exhibit 6.09 Form of Compliance Certificate Exhibit 10.08 Form of Assignment and Acceptance Exhibit 10.08(e) Form of Voting Participant Notification and Consent

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Five-Year Credit Agreement • August 3rd, 2004 • Tyson Foods Inc • Poultry slaughtering and processing • New York

AMENDMENT NO. 3 dated as of June 9, 2004 (this "Amendment") to the Five-Year Credit Agreement dated as of September 24, 2001 (as amended, supplemented or otherwise modified from time to time, the "Credit Agreement"), among TYSON FOODS, INC., a Delaware corporation ("the Borrower"), the LENDERS party thereto, JPMORGAN CHASE BANK, as administrative agent (the "Administrative Agent"), as administrative agent, MERRILL LYNCH CAPITAL CORPORATION (now known as MERRILL LYNCH BANK USA), as syndication agent, and SUNTRUST BANK as documentation agent and MIZUHO FINANCIAL GROUP (now known as MIZUHO CORPORATE BANK, LTD.) and RABOBANK INTERNATIONAL (now known as COOPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A. "RABOBANK INTERNATIONAL", NEW YORK BRANCH), as co-documentation agents.

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