0001003297-05-000209 Sample Contracts

NATIONAL BEEF PACKING COMPANY, LLC LIMITED LIABILITY COMPANY AGREEMENT DATED AS OF AUGUST 6, 2003
Limited Liability Company Agreement • July 11th, 2005 • National Beef Packing Co LLC • Meat packing plants • Delaware

This Limited Liability Company Agreement of National Beef Packing Company, LLC is entered into and made effective as of August 6, 2003, by and among U.S. Premium Beef, Ltd., a Kansas cooperative corporation (“USPB”), NBPCo Holdings, LLC, a South Dakota limited liability company (“NBPCo Holdings”), John R. Miller (“Miller”), French Basin Land & Cattle Co. LLC, a Utah limited liability company (“MillerCo”), Timothy M. Klein (“Klein”), TKK Investments, LLC, a Missouri limited liability company (“KleinCo”), and S-B Enterprises V, LLC, a Utah limited liability company (“SmithCo”) (with certain other Persons from time to time party hereto, collectively the “Members”).

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FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • July 11th, 2005 • National Beef Packing Co LLC • Meat packing plants • Colorado

This FIRST AMENDMENT (this "Amendment"), dated as of July 7, 2005, is by and between NATIONAL BEEF PACKING COMPANY, LLC, a Delaware limited liability company (the "Borrower"), the lenders party to the Original Agreement referenced below (collectively, the "Lenders" and individually, a "Lender"), U.S. AGBANK, FCB, as Co-Syndication Agent, COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., "RABOBANK INTERNATIONAL", NEW YORK BRANCH, as Documentation Agent, and COBANK, ACB, an agricultural credit bank ("CoBank"), as Lead Arranger, Co-Syndication Agent, Swing Line Lender and Administrative Agent for the Lenders, the Issuers and the Swing Line Lender hereunder (in its capacity as Administrative Agent, together with its successors and assigns in such capacity, the "Agent").

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