AMENDED AND RESTATED CREDIT AGREEMENT dated as of July 2, 2009 among SMITHFIELD FOODS, INC., The Subsidiary Guarantors Party Hereto, The Lenders Party Hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent JPMORGAN CHASE BANK, N.A. and GENERAL...Credit Agreement • July 8th, 2009 • Smithfield Foods Inc • Meat packing plants • New York
AMENDED AND RESTATED CREDIT AGREEMENT, dated as of July 2, 2009 (as it may be amended or modified from time to time, this “Agreement”), among SMITHFIELD FOODS, INC., a Virginia corporation (the “Company”), the subsidiary guarantors from time to time party hereto, the Lenders from time to time party hereto, J.P. MORGAN SECURITIES INC., COOPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A. “RABOBANK NEDERLAND”, NEW YORK BRANCH, BARCLAYS CAPITAL, THE INVESTMENT BANKING DIVISION OF BARCLAYS BANK PLC,, MORGAN STANLEY BANK, N.A. and GENERAL ELECTRIC CAPITAL CORPORATION,, as joint bookrunners and co-lead arrangers (in such capacities, the “Lead Arrangers”), COOPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A. “RABOBANK NEDERLAND”, NEW YORK BRANCH, as syndication agent, BARCLAYS BANK PLC, MORGAN STANLEY BANK, N.A., and GENERAL ELECTRIC CAPITAL CORPORATION, as co-documentation agents, JPMORGAN CHASE BANK, N.A. and GENERAL ELECTRIC CAPITAL CORPORATION, as joint collateral agents (in such capaciti
Intercreditor and Collateral Agency Agreement with as the Collateral AgentIntercreditor and Collateral Agency Agreement • July 8th, 2009 • Smithfield Foods Inc • Meat packing plants • New York
THIS INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT (the “Agreement”), dated as of July 2, 2009, is made by and among SMITHFIELD FOODS, INC. (the “Company”); each of the Company’s subsidiaries that is listed as a guarantor on the signature pages hereto and each other subsidiary that becomes a party hereto after the date hereof (collectively herein the “Subsidiary Guarantors” but not including any subsidiary who has been released from its obligations hereunder and the Company and the Subsidiary Guarantors, herein the “Obligated Parties”); U.S. BANK NATIONAL ASSOCIATION, as trustee for the holders of the notes (the “Noteholders”) issued under the Indenture described below (in such capacity, herein the “Trustee”); COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A. “RABOBANK NEDERLAND”, NEW YORK BRANCH, in its capacity as administrative agent for the lenders (the “Term Lenders” and collectively with the Noteholders, herein the “Lenders”) under the Term Loan Agreement described below (in s
INTERCREDITOR AGREEMENTIntercreditor Agreement • July 8th, 2009 • Smithfield Foods Inc • Meat packing plants • New York
Intercreditor Agreement (this “Agreement”), dated as of July 2, 2009, among JPMorgan Chase Bank, N.A., as Administrative Agent (in such capacity, with its successors and assigns, and as more specifically defined below, the “ABL Representative”) for the ABL Secured Parties (as defined below), U.S. Bank National Association, (“U.S. Bank”), as collateral agent (in such capacity, with its successors and assigns, and as more specifically defined below, the “Term Debt Representative”) for the Term Debt Secured Parties (as defined below) and each of the Loan Parties (as defined below) party hereto.
TERM LOAN AGREEMENT dated as of among SMITHFIELD FOODS, INC., the Subsidiary Guarantors from time to time party hereto, the lenders from time to time party hereto, and COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A. “RABOBANK NEDERLAND”, NEW YORK...Term Loan Agreement • July 8th, 2009 • Smithfield Foods Inc • Meat packing plants • New York
TERM LOAN AGREEMENT, dated as of July 2, 2009 (this “Agreement”), among SMITHFIELD FOODS, INC., a Virginia corporation (the “Borrower”), the subsidiary guarantors from time to time party hereto, each of the lenders that is a party hereto identified under the caption “LENDERS” on Schedule 2.01 hereto or that, pursuant to Section 10.04 hereof, shall become a “Lender” hereunder (individually, a “Lender” and, collectively, the “Lenders”), and COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A. “RABOBANK NEDERLAND”, NEW YORK BRANCH (in its capacity as administrative agent for the Lenders hereunder, together with its successors in such capacity, the “Administrative Agent”).
ContractPledge and Security Agreement • July 8th, 2009 • Smithfield Foods Inc • Meat packing plants • New York
THIS AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENT is subject to the terms and provisions of the Intercreditor Agreement, dated as of July 2, 2009 (as such agreement may be amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Intercreditor Agreement”), among JPMorgan Chase Bank, N.A., as collateral agent for the ABL Secured Parties referred to therein, U.S. Bank National Association, as collateral agent for the Term Debt Secured Parties referred to therein, Smithfield Foods, Inc. and the other Grantors (as defined below).
SMITHFIELD FOODS, INC., THE SUBSIDIARY GUARANTORS PARTIES HERETO 10% Senior Secured Notes due 2014 INDENTURE Dated as of July 2, 2009 U.S. BANK NATIONAL ASSOCIATION as TrusteeCorporate Execution and Notary Acknowledgment • July 8th, 2009 • Smithfield Foods Inc • Meat packing plants • New York
INDENTURE dated as of July 2, 2009 among SMITHFIELD FOODS, INC., a corporation duly organized and existing under the laws of the Commonwealth of Virginia (the “Company”), the Subsidiary Guarantors (as defined herein) and U.S. Bank National Association, a national banking association organized under the laws of the United States of America and having a corporate trust office in Atlanta, Georgia 30309 (the “Trustee”), as Trustee.
ContractPledge and Security Agreement • July 8th, 2009 • Smithfield Foods Inc • Meat packing plants • New York
THIS PLEDGE AND SECURITY AGREEMENT is subject to the terms and provisions of the Intercreditor Agreement, dated as of July 2, 2009 (as such agreement may be amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Intercreditor Agreement”), among JPMorgan Chase Bank, N.A., as administrative agent for the ABL Secured Parties referred to therein, U.S. Bank National Association, as collateral agent for the Term Debt Secured Parties referred to therein, Smithfield Foods, Inc. and the other Grantors (as defined below).
