Tyson Foods 2011 Annual Report Download - page 85

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85
EXHIBIT INDEX
Exhibit No.
3.1
Restated Certificate of Incorporation of the Company (previously filed as Exhibit 3.1 to the Company's Annual Report on
Form 10
-K for the fiscal year ended October 3, 1998, Commission File No. 001-14704, and incorporated herein by
reference).
3.2
Fourth Amended and Restated By-laws of the Company (previously filed as Exhibit 3.2 to the Company's Current Report
on Form 8-K filed September 28, 2007, Commission File No. 001-14704, and incorporated herein by reference).
4.1
Indenture dated June 1, 1995 between the Company and The Chase Manhattan Bank, N.A., as Trustee (the “Company
Indenture”) (previously filed as Exhibit 4 to Registration Statement on Form S
-3, filed with the Commission on
December 18, 1997, Registration No. 333-42525, and incorporated herein by reference).
4.2
Form of 7.0% Note due January 15, 2028 issued under the Company Indenture (previously filed as Exhibit 4.2 to the
Company's Quarterly Report on
Form 10-Q for the period ended December 27, 1997, Commission File No. 001-
14704,
and incorporated herein by reference).
4.3
Form of 7.0% Note due May 1, 2018 issued under the Company Indenture (previously filed as Exhibit 4.1 to the
Company's Quarterly Report on Form 10-Q for the period ended March 28, 1998, Commission File No. 001-14704, and
incorporated herein by reference).
4.4
Form of 6.60% Senior Notes due April 1, 2016 issued under the Company Indenture (previously filed as Exhibit 4.1 to
the
Company’s Current Report on Form 8-K filed March 22, 2006, Commission File No. 001-
14704, and incorporated
herein by reference).
4.5
Supplemental Indenture among the Company, Tyson Fresh Meats, Inc. and JPMorgan Chase Bank, National Association,
dated
as of September 18, 2006, supplementing the Company Indenture (previously filed as Exhibit 10.1 to the
Company’s Current Report on Form 8
-K filed September 19, 2006, Commission File No. 001-
14704, and incorporated
herein by reference).
4.6
Supplemental Indenture dated as of September 15, 2008, between the Company and The Bank of New York Mellon Trust
Company, National Association (as successor to JPMorgan Chase Bank, N.A. (formerly The Chase Manhattan Bank,
N.A.)), as Trustee (including the form of 3.25% Convertible Senior Notes due 2013), supplementing the Company
Indenture (previously filed as Exhibit 4.2 to the Company’s Current Report on Form 8-K filed September 15, 2008,
Commission File No. 001-14704, and incorporated herein by reference).
4.7
Indenture, dated March 9, 2009, among the Company, the Subsidiary Guarantors (as defined therein) and The Bank of
New York Mellon Trust Company, N.A., as Trustee (previously filed as Exhibit 4.1 to the Company’s Current Report on
Form 8-K filed March 10, 2009, Commission File No. 001-14704, and incorporated herein by reference).
4.8
Form of 10.50% Senior Note due 2014 (previously filed as Exhibit 4.2 and included in Exhibit 4.1 to the Company’s
Current Report on Form 8
-K filed March 10, 2009, Commission File No. 001-14704, and incorporated herein by
reference).
10.1
Amended and Restated Credit Agreement, dated as of March 9, 2009, as amended and restated as of February 23, 2011,
among the Company, JPMorgan Chase Bank, N.A., as the Administrative Agent, and certain other lenders party thereto
(previously filed as Exhibit 10.1 to the Company’s Current Report on Form 8-K/A filed February 28, 2011, Commission
File No. 001-14704, and incorporated herein by reference).
10.2
Convertible note hedge transaction confirmation, dated as of September 9, 2008, by and between JPMorgan Chase Bank,
National Association and the Company (previously filed as Exhibit 10.1 to the Company's Current Report on Form 8-K
filed September 15, 2008, Commission File No. 001-14704, and incorporated herein by reference).
10.3
Warrant transaction confirmation, dated as of September 9, 2008, by and between JPMorgan Chase Bank, National
Association and the Company (previously filed as Exhibit 10.2 to the Company's Current Report on Form 8-K filed
September 15, 2008, Commission File No. 001-14704, and incorporated herein by reference).