AMENDED AND RESTATED TRUST AGREEMENT By and Among SMITHFIELD FOODS, INC. as Sponsor, as Property Trustee, as Delaware Trustee, and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN Dated as of , 200Trust Agreement • June 20th, 2003 • Smithfield Foods Inc • Meat packing plants • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT (the “Trust Agreement”), dated as of, , 200_ is entered into by and among (i) Smithfield Foods, Inc., a Virginia corporation, as sponsor (the “Sponsor”), (ii)(a) , as initial Property Trustee, (b) , as initial Delaware Trustee, and (c) , an individual, and , an individual, each of whose address is (each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”, all acting hereunder not in their individual capacities, but solely as Trustees.) and (iii) the several Holders as hereinafter defined.
AGREEMENT AS TO EXPENSES AND LIABILITIESExpenses and Liabilities • June 20th, 2003 • Smithfield Foods Inc • Meat packing plants • Virginia
AGREEMENT dated as of between SMITHFIELD FOODS, INC., a Virginia corporation (“Smithfield”), and SMITHFIELD CAPITAL TRUST I, a Delaware statutory trust (the “Trust”).
TRUST AGREEMENT OF SMITHFIELD CAPITAL TRUST ITrust Agreement • June 20th, 2003 • Smithfield Foods Inc • Meat packing plants • Delaware
THIS TRUST AGREEMENT is made as of June 9, 2003 (this “Trust Agreement”), by and between Smithfield Foods, Inc., a Delaware corporation, as sponsor (the “Sponsor”), SunTrust Delaware Trust Company, a Delaware trust company (the “Delaware Trustee”) and Daniel G. Stevens (the “Administrative Trustee” and together with the Delaware Trustee and any additional trustees appointed under Section 10, the “Trustees”). The Sponsor and the Trustees hereby agree as follows:
GUARANTEE AGREEMENT DATED AS OF , BY AND BETWEEN SMITHFIELD FOODS, INC., AS GUARANTOR AND AS TRUSTEEGuarantee Agreement • June 20th, 2003 • Smithfield Foods Inc • Meat packing plants
This GUARANTEE AGREEMENT (the “Guarantee”), dated as of , , is executed and delivered by SMITHFIELD FOODS, INC., a Virginia corporation (the “Guarantor”), and , a , as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Securities (as defined herein) of SMITHFIELD CAPITAL TRUST I, a Delaware statutory trust (the “Trust”).
