0001193125-04-210259 Sample Contracts

SECOND AMENDED AND RESTATED NOTE PURCHASE AGREEMENT
Note Purchase Agreement • December 9th, 2004 • Smithfield Foods Inc • Meat packing plants • Virginia

SMITHFIELD FOODS, INC., a Virginia corporation (together with its successors and assigns, the “Company”), hereby agrees with you as follows:

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AMENDED AND RESTATED NOTE PURCHASE AGREEMENT
Note Purchase Agreement • December 9th, 2004 • Smithfield Foods Inc • Meat packing plants • Virginia

SMITHFIELD FOODS, INC., a Virginia corporation (together with its successors and assigns, the “Company”), hereby agrees with you as follows:

SECOND AMENDED AND RESTATED NOTE PURCHASE AGREEMENT
Note Purchase Agreement • December 9th, 2004 • Smithfield Foods Inc • Meat packing plants • Virginia

SMITHFIELD FOODS, INC., a Virginia corporation (together with its successors and assigns, the “Company”), hereby agrees with you as follows:

AMENDMENT NO. 6
Smithfield Foods Inc • December 9th, 2004 • Meat packing plants

AMENDMENT NO. 6 dated as of October 4, 2004, among SMITHFIELD FOODS, INC., a corporation duly organized and validly existing under the laws of the State of Virginia (the “Borrower”); each of the Subsidiaries of the Borrower identified under the caption “SUBSIDIARY GUARANTORS” on the signature pages hereto (individually, a “Subsidiary Guarantor” and, collectively, the “Subsidiary Guarantors” and, together with the Borrower, the “Obligors”); and JPMORGAN CHASE BANK in its capacity as administrative agent for the lenders party to the below-referenced Credit Agreement (in such capacity, together with its successors in such capacity, the “Administrative Agent”).

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