0001193125-08-196158 Sample Contracts

September 9, 2008
Warrant Agreement • September 15th, 2008 • Tyson Foods Inc • Poultry slaughtering and processing • New York

The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the Warrants issued by Tyson Foods, Inc. (“Company”) to JPMorgan Chase Bank, National Association, London Branch (“Dealer”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for this Transaction.

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TYSON FOODS, INC. (a Delaware corporation) 20,000,000 Shares of Class A Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • September 15th, 2008 • Tyson Foods Inc • Poultry slaughtering and processing • New York
September 9, 2008
Call Option Transaction • September 15th, 2008 • Tyson Foods Inc • Poultry slaughtering and processing • New York

The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between JPMorgan Chase Bank, National Association, London Branch (“Dealer”) and Tyson Foods, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for this Transaction.

TYSON FOODS, INC. as Issuer AND THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION (as successor to JPMorgan Chase Bank, N.A. (formerly The Chase Manhattan Bank, N.A.)) as Trustee Supplemental Indenture Dated as of September 15, 2008...
Supplemental Indenture • September 15th, 2008 • Tyson Foods Inc • Poultry slaughtering and processing • New York

SUPPLEMENTAL INDENTURE, dated as of September 15, 2008, between Tyson Foods, Inc., a Delaware corporation (the “Company”), and The Bank of New York Mellon Trust Company, National Association (as successor to JPMorgan Chase Bank, N.A. (formerly The Chase Manhattan Bank, N.A.)), as trustee (the “Trustee”) under the indenture dated as of June 1, 1995, between the Company and the Trustee (as amended or supplemented from time to time in accordance with the terms thereof, the “Original Indenture”).

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