NATIONAL BEEF PACKING COMPANY, LLC AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT DATED AS OF , 2009Limited Liability Company Agreement • December 2nd, 2009 • National Beef, Inc. • Meat packing plants • Delaware
This Amended and Restated Limited Liability Company Agreement of National Beef Packing Company, LLC is entered into and made effective as of , 2009, by and among U.S. Premium Beef, LLC, a Delaware limited liability company (“USPB”), NBPCo Holdings, LLC, a South Dakota limited liability company (“NBPCo Holdings”), TKK Investments, LLC, a Missouri limited liability company (“TKK”), TMKCo LLC, a Missouri limited liability company (“TMK”) and National Beef, Inc., a Delaware corporation (“NBI”) (with certain other Persons from time to time party hereto, collectively the “Members”).
NATIONAL BEEF, INC. (a Delaware corporation) [·] Shares of Class A Common Stock PURCHASE AGREEMENTPurchase Agreement • December 2nd, 2009 • National Beef, Inc. • Meat packing plants • New York
CoBank, ACBNational Beef, Inc. • December 2nd, 2009 • Meat packing plants • Colorado
NATIONAL BEEF, INC. RESTRICTED STOCK UNIT AWARD AGREEMENTRestricted Stock Unit Award Agreement • December 2nd, 2009 • National Beef, Inc. • Meat packing plants • Delaware
National Beef, Inc., a Delaware corporation (the “Company”), hereby grants to (the “Holder”) as of (the “Grant Date”), pursuant to the provisions of the National Beef, Inc. 2009 Equity Incentive Plan (the “Plan”), a restricted stock unit award (the “Award) with respect to ( ) shares of the Company’s Class A common stock, par value $0.01 per share (“Common Stock”), upon and subject to the restrictions, terms and conditions set forth below. Capitalized terms not defined herein shall have the meanings specified in the Plan.
THIRD AMENDMENT TO SIXTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • December 2nd, 2009 • National Beef, Inc. • Meat packing plants
This Third Amendment to Sixth Amended and Restated Credit Agreement (“Amendment”) is made as of October 8, 2009, by and among NATIONAL BEEF PACKING COMPANY, LLC, a Delaware limited liability company (together with its successors and assigns, the “Borrower”), COBANK, ACB, an agricultural credit bank (“CoBank”), as Lead Arranger, Syndication Agent, Swing Line Lender and Administrative Agent for the Lenders (in such capacity, the “Agent”) and as one of the Lenders, and the other financial institutions signatory hereto (being at least the Required Lenders).
