Variable Prepaid Forward Agreement Sample Contracts

Footnote 1 to Form 4 filed by Wendell H. Murphy on January 25, 2010 On January 22, 2010, the reporting person settled a variable prepaid forward agreement (the "Agreement") that was entered into on June 19, 2006 with an unaffiliated third party...
Variable Prepaid Forward Agreement • January 25th, 2010 • Murphy Wendell H • Meat packing plants

On January 22, 2010, the reporting person settled a variable prepaid forward agreement (the "Agreement") that was entered into on June 19, 2006 with an unaffiliated third party purchaser. The Agreement obligated the reporting person to deliver to the purchaser up to 174,762 shares of SFD common stock (or, at the reporting person's election, an equivalent amount of cash) on the scheduled valuation date (January 22, 2010). In exchange for assuming this obligation, the reporting person received a cash payment of $3,954,039.20 as of the date of entering into the Agreement. The reporting person pledged 174,762 shares of SFD common stock (the "Pledged Shares") to secure his obligations under the contract, and retained dividend and voting rights in the Pledged Shares during the term of the pledge. The Agreement provided that the number of shares of SFD common stock that the reporting person would be obligated to deliver to the purchaser on the scheduled valuation date would be determined as f

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Attachment to Form 4 Robert L. McCoy
Variable Prepaid Forward Agreement • June 6th, 2003 • Krispy Kreme Doughnuts Inc • Retail-food stores
Footnote 1 to Table II of Form 4 filed by Wendell H. Murphy on July 2, 2009 On June 30, 2009, the reporting person settled a variable prepaid forward agreement (the "Agreement") that was entered into on June 30, 2004 with an unaffiliated third party...
Variable Prepaid Forward Agreement • July 2nd, 2009 • Murphy Wendell H • Meat packing plants

On June 30, 2009, the reporting person settled a variable prepaid forward agreement (the "Agreement") that was entered into on June 30, 2004 with an unaffiliated third party purchaser. The Agreement obligated the reporting person to deliver to the purchaser up to 155,002 shares of SFD common stock (or, at the reporting person?s election, an equivalent amount of cash) on the scheduled valuation date (June 30, 2009). In exchange for assuming this obligation, the reporting person received a cash payment of $3,913,358.80 as of the date of entering into the Agreement. The reporting person pledged 155,002 shares of SFD common stock (the "Pledged Shares") to secure his obligations under the contract, and retained dividend and voting rights in the Pledged Shares during the term of the pledge. The Agreement provided that the number of shares of SFD common stock that the reporting person would be obligated to deliver to the purchaser on the scheduled valuation date would be determined as fo

Credit Suisse First Boston Capital LLC Credit Suisse First Boston LLC 11 Madison Avenue New York, NY 10010 VARIABLE PREPAID FORWARD AGREEMENT
Variable Prepaid Forward Agreement • October 23rd, 2003 • Murphy Wendell H • Meat packing plants • New York

The purpose of this letter agreement (the “Agreement”) is to state the terms and conditions of the Variable Prepaid Forward transactions, together with any other derivative transactions that may be entered into, between you (“Counterparty”) and Credit Suisse First Boston Capital LLC, a Delaware limited liability company, (“CSFB Capital”) either on the date hereof or subsequent hereto.

Explanation of Responses:
Variable Prepaid Forward Agreement • August 18th, 2003 • Maxtech Enterprises LTD • Services-computer processing & data preparation
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