exhibit_1030.htm


    
      

      

    

    FIRST
AMENDMENT

    TO
THE TYSON FOODS, INC.

    EMPLOYEE
STOCK PURCHASE PLAN

    (as
Amended and Restated as of October 1, 2008)

     

    THIS FIRST AMENDMENT is
made this 20th day of November, 2009, by TYSON FOODS, INC., a corporation duly
organized and existing under the laws of the State of Delaware (the
“Tyson”).

     

    W
I T N E S S E T H:

     

    WHEREAS, Tyson maintains
the Tyson Foods, Inc. Employee Stock Purchase Plan, as amended and restated
effective October 1, 2008 (the “Plan”);

     

    WHEREAS, Tyson desires to
amend the Plan primarily to provide that all matching contributions thereunder
shall be credited under the Plan, as compared to the current practice of
allocating matching contributions on behalf of certain eligible participants
under a tax-qualified retirement plan maintained by Tyson, subject to the
parameters further specified herein; and

     

    WHEREAS, the Board of
Directors of Tyson has authorized and approved the adoption of these
amendments.

     

    NOW, THEREFORE, Tyson does
hereby amend the Plan, effective for pay periods beginning on and after December
27, 2009, as follows:

     

    1.           By
deleting Section 4.1(d) in its entirety and substituting therefor the
following:

     

    “(d)           Notwithstanding
any other provisions of the Plan to the contrary, matching contributions shall
be allocated to otherwise eligible Participants in accordance with the following
provisions:

     

    (i)           Participants
who otherwise are entitled to matching contributions under this Plan shall have
such contributions made to a matching account under the
Plan.

     

    (ii)           Tyson
retains the discretion to suspend for any specific or indefinite periods of time
the making of matching contributions hereunder to otherwise eligible
Participants as may from time to time be determined to be in the best interests
of Tyson by its Board of Directors (or any committee thereof).  Any
such suspension of matching contributions may be applied to all eligible
Participants or to one or more identifiable classes of employees and may be
implemented at any time.  Participants affected by any such suspension
shall be notified of the implementation, and lifting, of the suspension, in each
case as soon as administratively practicable.  Any affected
Participant shall not be entitled to matching contributions for the Pay Periods
(or other periods of time) during which the suspension is effective, as
determined by the Board of Directors of Tyson (or any committee
thereof).”

     

    2.           By
deleting Section 6.2(a) in its entirety and substituting therefore the
following:

     

    “(a)           [Reserved.]”

     

    3.           By
deleting Section 9.5 in its entirety and substituting therefore the
following:

     

    “9.5           Notices.
All notices or other communications by a Participant to the Plan Administrator
under or in connection with the Plan shall be deemed to have been duly given
when received in the form specified by the Benefits Department c/o Tyson Foods,
Inc. 2200 Don Tyson Parkway, Springdale, Arkansas  72762-6999 or at
such other location as may be expressly designated by the Plan Administrator for
the receipt of one or more categories of Plan
communications.”

     

    Except as specifically
amended hereby, the Plan shall remain in full force and effect prior to this
First Amendment.

     

    IN WITNESS WHEREOF, Tyson
has caused this First Amendment to be executed on the day and year first above
written.

     

    
      	 
      	 
      	
              TYSON
      FOODS, INC.

            
	 
      	 
      	 
      
	 
      	
              By:

            	
               
      /s/ Dennis Leatherby

            
	 
      	 
      	
               
      Dennis Leatherby

            
	 
      	
              Title:

            	
                Exec.
      Vice President and Chief

            
	 
      	 
      	
                Financial
      Officer

            


    

     

    
      	 
      	
              ATTEST:

            	 
      
	 
      	 
      	 
      
	
              By:

            	
               
      /s/ R. Read Hudson

            	 
      
	 
      	
               
      R. Read Hudson

            	 
      
	
              Title:

            	
                Secretary