AMENDMENT TO PURCHASE AGREEMENTPurchase Agreement • October 24th, 2008 • Smithfield Foods Inc • Meat packing plants
This AMENDMENT (the “Amendment”) to the Purchase Agreement (the “Agreement”) dated as of March 4, 2008, by and among Continental Grain Company, a Delaware corporation (“CGC”), ContiBeef LLC, a Delaware limited liability company (“ContiBeef”), Smithfield Foods, Inc., a Virginia corporation (“Smithfield”), and MF Cattle Feeding, Inc., a Colorado corporation (“MFC”), is entered into by and among CGC, ContiBeef, Smithfield, and MFC as of October 23, 2008. Capitalized terms used but not otherwise defined herein shall have the respective meanings set forth in the Agreement.
AMENDMENT NO. 1 TO REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • October 24th, 2008 • Smithfield Foods Inc • Meat packing plants • New York
WHEREAS, subject to the terms and conditions of that certain Purchase Agreement, dated as of March 4, 2008 (the “Purchase Agreement”), by and among the Stockholder, ContiBeef LLC, a Delaware limited liability company, the sole member of which is the Stockholder (“ContiBeef”), the Company and MF Cattle Feeding, Inc., a Colorado corporation and a wholly owned subsidiary of the Company (“MFC”), the Stockholder and ContiBeef have agreed to sell ContiBeef’s 50% membership interest in Five Rivers Ranch Cattle Feeding LLC, a Delaware limited liability company (“Five Rivers”), to MFC, and the Company and MFC have agreed to have MFC purchase ContiBeef’s 50% membership interest in Five Rivers for consideration that includes, among other things, shares of Common Stock (the “Stock Consideration”);
