Law
58
SECTION 8.04.
Appointment of Security Registrar and Paying Agent
58
SECTION 8.05.
Table of Contents; Headings
58
EXHIBIT A
Form of the Security
EXHIBIT B
Form of Indenture Supplement to Add Subsidiary Guarantors
CROSS-REFERENCE TABLE
TIA Section
Supplemental
Indenture
Section
310(a)(1)
N.A.
(a)(2)
N.A.
(a)(3)
N.A.
(a)(4)
N.A.
(b)
N.A.
(c)
N.A.
311(a)
N.A.
(b)
N.A.
(c)
N.A.
312(a)
N.A.
(b)
N.A.
(c)
N.A.
313(a)
N.A.
(b)(1)
N.A.
(b)(2)
N.A.
(c)
N.A.
(d)
N.A.
314(a)
3.02
(b)
N.A.
(c)(1)
N.A.
(c)(2)
N.A.
(c)(3)
N.A.
(d)
N.A.
(e)
N.A.
315(a)
N.A.
(b)
N.A.
(c)
N.A.
(d)
N.A.
(e)
N.A.
316(a)(last sentence)
N.A.
(a)(1)(A)
5.04
(a)(1)(B)
7.02
(a)(2)
N.A.
(b)
N.A.
317(a)(1)
N.A.
(a)(2)
N.A.
(b)
N.A.
318(a)
N.A.
N.A. means Not Applicable.
v
Note: This Cross-Reference Table shall not, for any purpose, be deemed to be
part of this Indenture.
vi
FIRST SUPPLEMENTAL INDENTURE (the "First Supplemental Indenture"), dated as of
June 22, 2007, between SMITHFIELD FOODS, INC., a corporation duly organized and
existing under the laws of the Commonwealth of Virginia (the "Company"), and
U.S. Bank National Association, a national banking association duly organized
and existing under the laws of the United States of America and having a
corporate trust office in Atlanta, Georgia (the "Trustee"), as Trustee.
RECITALS OF THE COMPANY
WHEREAS, the Company deems it necessary to issue from time to time for its
lawful purposes senior debt securities evidencing its unsecured and
unsubordinated indebtedness, which may or may not be convertible into or
exchangeable for any securities of any Person (including the Company);
WHEREAS, the Company has for such purposes heretofore entered into an Indenture,
dated as of June 1, 2007, with the Trustee (the "Original Indenture," as may be
amended and supplemented and together with the First Supplemental Indenture, the
"Indenture");
WHEREAS, the Original Indenture is incorporated herein by this reference;
WHEREAS, the Indenture provides for the issuance from time to time of new series
of securities, unlimited as to principal amount, to bear such rates of interest,
to mature at such times and to have such other provisions as shall be fixed in
accordance with the provisions of the Indenture, and the terms of such series
may be described by a supplemental indenture executed by the Company and the
Trustee;
WHEREAS, the Company hereby proposes to create under the Indenture a series of
securities;
WHEREAS, this Indenture is subject to the provisions of the Trust Indenture Act
of 1939, as amended, that are required to be part of this Indenture and shall,
to the extent applicable, be governed by such provisions; and
WHEREAS, all things necessary to make this First Supplemental Indenture a valid
agreement of the Company, and a valid amendment and supplement to the Original
Indenture, have been done.
NOW, THEREFORE, THIS FIRST SUPPLEMENTAL INDENTURE WITNESSETH:
For and in consideration of the agreements and obligations set forth herein and
for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the parties hereto hereby agree,