FIRST AMENDMENT TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • June 2nd, 2006 • S&c Holdco 3 Inc • Sausages & other prepared meat products • Delaware
THIS FIRST AMENDMENT TO ASSET PURCHASE AGREEMENT (this “Amendment”), dated as of May 26, 2006 by and among Swift Beef Company, a Delaware corporation (“Seller”), XL Four Star Beef Inc., a Delaware corporation (“XL Operations”), XL Four Star Beef Holdings (Nebraska) Inc., a Delaware corporation (“XL Nebraska”), XL Four Star Beef Holdings (Idaho) Inc., a Delaware corporation (“XL Idaho” and, together with XL Operations and XL Nebraska, collectively, “Buyers”) and XL Foods Inc., a Canadian corporation (“Assignor”), amends that certain Asset Purchase Agreement (the “Asset Purchase Agreement”), dated as of April 12, 2006, by and between Seller and Assignor. Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the Asset Purchase Agreement.
