AMENDED AND RESTATED ASSET SALE AND PURCHASE AGREEMENT AMONG KC ACQUISITION, INC., as Buyer AND FARMLAND FOODS, INC. and FARMLAND INDUSTRIES, INC., Debtors- in-Possession, as Sellers Dated as of October 12, 2003Asset Sale and Purchase Agreement • November 12th, 2003 • Farmland Industries Inc • Wholesale-farm product raw materials • Missouri
THIS AMENDED AND RESTATED ASSET SALE AND PURCHASE AGREEMENT (this “Agreement”) is made and entered into this 12th day of October, 2003, by and among FARMLAND FOODS, INC., Debtor-in-Possession, a Kansas corporation (“Foods”) and FARMLAND INDUSTRIES, INC., Debtor-in-Possession, a Kansas cooperative corporation (“Industries”; and Industries together with Foods hereinafter collectively referred to as the “Sellers”), and KC ACQUISITION, INC., a Delaware corporation (hereinafter referred to as “Buyer”) and wholly owned subsidiary of SMITHFIELD FOODS, INC., a Virginia corporation (“Smithfield”); this Agreement amends and restates in its entirety that certain Asset Sale and Purchase Agreement, dated as of July 14, 2003, by and among the Sellers and Buyer (the “Original Agreement”).
