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As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 11/21/11 Tyson Foods, Inc. 10-K 10/01/11 140:24M Donnelley … Solutions/FA |
Document/Exhibit Description Pages Size
1: 10-K Annual Report HTML 1.82M
2: EX-10.27 Third Amendment to the Executive Savings Plan HTML 45K
3: EX-10.32 Third Amendment to Supplemental Executive HTML 44K
Retirement and Life Ins Premium Plan
4: EX-10.33 Retirement Savings Plan HTML 269K
5: EX-10.40 Form of Stock Option Grant Agreement With HTML 62K
Non-Contracted Employees
6: EX-10.41 Form of Stock Option Grant Agreement With HTML 64K
Contracted Employees Band 1-5
7: EX-10.42 Form of Stock Option Grant Agreement With Key and HTML 64K
Contracted Employees Band 6-9
8: EX-10.44 Form of Performance Stock Award Agreement HTML 60K
10: EX-14.1 Code of Conduct of the Company HTML 131K
11: EX-21 Subsidiaries of the Company HTML 69K
12: EX-23.1 Consent of Pricewaterhousecoopers, LLP HTML 40K
13: EX-23.2 Consent of Ernst & Young, LLP HTML 41K
9: EX-12.1 Calculation of Ratio of Earnings to Fixed Charges HTML 57K
14: EX-31.1 Certification of Chief Executive Officer Pursuant HTML 44K
to Section 302
15: EX-31.2 Certification of Chief Financial Officer Pursuant HTML 44K
to Section 302
16: EX-32.1 Certification of Chief Executive Officer Pursuant HTML 41K
to Section 906
17: EX-32.2 Certification of Chief Financial Officer Pursuant HTML 41K
to Section 906
96: R1 Document And Entity Information HTML 65K
74: R2 Consolidated Statements Of Income HTML 178K
91: R3 Consolidated Balance Sheets HTML 157K
100: R4 Consolidated Balance Sheets (Parenthetical) HTML 51K
128: R5 Consolidated Statements Of Shareholders' Equity HTML 168K
78: R6 Consolidated Statements Of Shareholders' Equity HTML 42K
(Parenthetical)
90: R7 Consolidated Statements Of Cash Flows HTML 180K
67: R8 Business And Summary Of Significant Accounting HTML 79K
Policies
56: R9 Changes In Accounting Principles HTML 81K
130: R10 Acquisitions And Discontinued Operation HTML 49K
102: R11 Property, Plant And Equipment HTML 55K
101: R12 Goodwill And Other Intangible Assets HTML 95K
109: R13 Other Current Liabilities HTML 48K
110: R14 Debt HTML 78K
106: R15 Income Taxes HTML 117K
111: R16 Other Income And Charges HTML 44K
92: R17 Earnings (Loss) Per Share HTML 81K
97: R18 Derivative Financial Instruments HTML 162K
104: R19 Fair Value Measurements HTML 158K
139: R20 Stock-Based Compensation HTML 84K
120: R21 Pensions And Other Postretirement Benefits HTML 248K
84: R22 Comprehensive Income (Loss) HTML 87K
103: R23 Segment Reporting HTML 113K
87: R24 Supplemental Cash Flow Information HTML 50K
45: R25 Transactions With Related Parties HTML 48K
122: R26 Commitments And Contingencies HTML 89K
135: R27 Quarterly Financial Data (Unaudited) HTML 80K
61: R28 Condensed Consolidating Financial Statements HTML 696K
60: R29 Valuation And Qualifying Accounts HTML 62K
65: R30 Business And Summary Of Significant Accounting HTML 171K
Policies (Policy)
66: R31 Business And Summary Of Significant Accounting HTML 49K
Policies (Tables)
68: R32 Changes In Accounting Principles (Tables) HTML 73K
33: R33 Acquisitions And Discontinued Operation (Tables) HTML 49K
118: R34 Property, Plant And Equipment (Tables) HTML 51K
82: R35 Goodwill And Other Intangible Assets (Tables) HTML 94K
85: R36 Other Current Liabilities (Tables) HTML 47K
50: R37 Debt (Tables) HTML 56K
138: R38 Income Taxes (Tables) HTML 115K
24: R39 Earnings (Loss) Per Share (Tables) HTML 76K
71: R40 Derivative Financial Instruments (Tables) HTML 147K
126: R41 Fair Value Measurements (Tables) HTML 148K
47: R42 Stock-Based Compensation (Tables) HTML 77K
59: R43 Pensions And Other Postretirement Benefits HTML 253K
(Tables)
64: R44 Comprehensive Income (Loss) (Tables) HTML 83K
75: R45 Segment Reporting (Tables) HTML 101K
32: R46 Supplemental Cash Flow Information (Tables) HTML 47K
55: R47 Commitments And Contingencies (Tables) HTML 54K
27: R48 Quarterly Financial Data (Unaudited) (Tables) HTML 76K
124: R49 Condensed Consolidating Financial Statements HTML 694K
(Tables)
46: R50 Valuation And Qualifying Accounts (Tables) HTML 60K
119: R51 Business And Summary Of Significant Accounting HTML 121K
Policies (Narrative) (Details)
51: R52 Business And Summary Of Significant Accounting HTML 49K
Policies (Schedule Of Inventories Of Processed
Products, Livestock, And Supplies Valued At Lower
Of Cost Or Market) (Details)
72: R53 Changes In Accounting Principles (Narrative) HTML 55K
(Details)
26: R54 Changes In Accounting Principles (Schedule Of HTML 153K
Retrospective Application Of New Accounting
Guidance) (Details)
29: R55 Acquisitions And Discontinued Operation HTML 90K
(Narrative) (Details)
63: R56 Acquisitions And Discontinued Operation (Summary HTML 64K
Of Lakeside's Operating Results Prior To Its
Disposition) (Details)
37: R57 Property, Plant And Equipment (Details) HTML 67K
131: R58 Goodwill And Other Intangible Assets (Narrative) HTML 64K
(Details)
80: R59 Goodwill And Other Intangible Assets (Goodwill HTML 72K
Activity) (Details)
107: R60 Goodwill And Other Intangible Assets (Other HTML 51K
Intangible Assets By Type) (Details)
54: R61 Other Current Liabilities (Schedule Of Other HTML 54K
Current Liabilities) (Details)
57: R62 Debt (Narrative) (Details) HTML 167K
116: R63 Debt (Major Components Of Debt) (Details) HTML 77K
112: R64 Income Taxes (Narrative) (Details) HTML 91K
83: R65 Income Taxes (Provision For Income Taxes From HTML 66K
Continuing Operations) (Details)
114: R66 Income Taxes (Reasons For Differences Between HTML 72K
Statutory Federal Tax Rate And Effective Income
Tax Rate) (Details)
52: R67 Income Taxes (Tax Effects Of Major Items Recorded HTML 102K
As Deferred Tax Assets And Liabilities) (Details)
88: R68 Income Taxes (Activity Related To Gross HTML 59K
Unrecognized Tax Benefits) (Details)
134: R69 Other Income And Charges (Details) HTML 66K
28: R70 Earnings (Loss) Per Share (Narrative) (Details) HTML 52K
44: R71 Earnings (Loss) Per Share (Schedule Of Earnings HTML 113K
Per Share, Basic And Diluted) (Details)
73: R72 Derivative Financial Instruments (Narrative) HTML 52K
(Details)
35: R73 Derivative Financial Instruments (Aggregate HTML 49K
Outstanding Notionals Related To Cash Flow Hedges)
(Details)
137: R74 Derivative Financial Instruments (Pretax Impact Of HTML 53K
Cash Flow Hedge Derivative Instruments On The
Consolidated Statements Of Income) (Details)
48: R75 Derivative Financial Instruments (Aggregate HTML 45K
Outstanding Notionals Related To Fair Value
Hedges) (Details)
39: R76 Derivative Financial Instruments (Gains Or Losses HTML 48K
On The Hedging Items) (Details)
43: R77 Derivative Financial Instruments (Pretax Impact Of HTML 50K
Derivative Instruments On The Consolidated
Statements Of Income) (Details)
30: R78 Derivative Financial Instruments (Aggregate HTML 52K
Outstanding Notionals Related To Undesignated
Positions) (Details)
34: R79 Derivative Financial Instruments (Pretax Impact Of HTML 49K
Undesignated Derivatives) (Details)
98: R80 Derivative Financial Instruments (Fair Value Of HTML 55K
All Derivative Instruments) (Details)
41: R81 Fair Value Measurements (Narrative) (Details) HTML 73K
132: R82 Fair Value Measurements (Schedule Of Assets And HTML 95K
Liabilities Measured At Fair Value On A Recurring
Basis) (Details)
69: R83 Fair Value Measurements (Schedule Of Debt HTML 57K
Securities Measured At Fair Value On A Recurring
Basis, Unobservable Input Reconciliation)
(Details)
105: R84 Fair Value Measurements (Schedule Of Available For HTML 62K
Sale Securities) (Details)
113: R85 Fair Value Measurements (Schedule Of Fair Value HTML 46K
And Carrying Value Of Debt) (Details)
40: R86 Stock-Based Compensation (Narrative) (Details) HTML 93K
42: R87 Stock-Based Compensation (Summary Of Stock HTML 83K
Options) (Details)
129: R88 Stock-Based Compensation (Assumption Of Fair Value HTML 54K
Calculation Of Each Year's Grants) (Details)
36: R89 Stock-Based Compensation (Restricted Stock Table) HTML 76K
(Details)
99: R90 Pensions And Other Postretirement Benefits HTML 79K
(Narrative) (Details)
95: R91 Pensions And Other Postretirement Benefits HTML 99K
(Reconciliation Of Changes In Plans' Benefit
Obligations, Assets And Funded Status) (Details)
117: R92 Pensions And Other Postretirement Benefits HTML 58K
(Amounts Recognized In The Consolidated Balance
Sheets) (Details)
94: R93 Pensions And Other Postretirement Benefits (Plans HTML 54K
With Accumulated Benefit Obligations In Excess Of
Plan Assets) (Details)
79: R94 Pensions And Other Postretirement Benefits HTML 69K
(Components Of Net Periodic Benefit Cost For
Pension And Postretirement Benefit Plans
Recognized In The Consolidated Statements Of
Income) (Details)
123: R95 Pensions And Other Postretirement Benefits HTML 59K
(Weighted Average Assumptions) (Details)
76: R96 Pensions And Other Postretirement Benefits (Actual HTML 74K
And Target Asset Allocation For Pension Plan
Assets) (Details)
49: R97 Pensions And Other Postretirement Benefits HTML 86K
(Categories Of Pension Plan Assets And Level Under
Which Fair Values Were Determined In Fair Value
Hierarchy) (Details)
86: R98 Pensions And Other Postretirement Benefits HTML 64K
(Reconciliation Of Change In Fair Value
Measurement Of Defined Benefit Plans' Consolidated
Assets Using Significant Unobservable Inputs)
(Details)
81: R99 Pensions And Other Postretirement Benefits HTML 62K
(Estimated Future Benefit Payments Expected To Be
Paid) (Details)
62: R100 Comprehensive Income (Loss) (Components Of HTML 66K
Accumulated Other Comprehensive Income (Loss))
(Details)
140: R101 Comprehensive Income (Loss) (Components Of Other HTML 153K
Comprehensive Income (Loss)) (Details)
115: R102 Segment Reporting (Narrative) (Details) HTML 71K
93: R103 Segment Reporting (Segment Reporting Information, HTML 83K
By Segment) (Details)
31: R104 Supplemental Cash Flow Information (Cash Payments HTML 47K
For Interest And Income Taxes) (Details)
125: R105 Transactions With Related Parties (Details) HTML 42K
133: R106 Commitments And Contingencies (Narrative) HTML 101K
(Details)
127: R107 Commitments And Contingencies (Minimum Lease HTML 68K
Commitments Under Non-Cancelable Leases) (Details)
89: R108 Commitments And Contingencies (Future Purchase HTML 59K
Commitments) (Details)
38: R109 Quarterly Financial Data (Unaudited) (Narrative) HTML 63K
(Details)
108: R110 Quarterly Financial Data (Unaudited) (Schedule Of HTML 77K
Quarterly Financial Information) (Details)
53: R111 Condensed Consolidating Financial Statements HTML 200K
(Condensed Consolidating Statement Of Income)
(Details)
25: R112 Condensed Consolidating Financial Statements HTML 194K
(Condensed Consolidating Balance Sheet) (Details)
77: R113 Condensed Consolidating Financial Statements HTML 181K
(Condensed Consolidating Statement Of Cash Flows)
(Details)
70: R114 Valuation And Qualifying Accounts (Schedule Of HTML 54K
Valuation And Qualifying Accounts) (Details)
136: XML IDEA XML File -- Filing Summary XML 216K
58: EXCEL IDEA Workbook of Financial Reports (.xls) XLS 4.47M
18: EX-101.INS XBRL Instance -- tsn-20111001 XML 6.31M
20: EX-101.CAL XBRL Calculations -- tsn-20111001_cal XML 305K
21: EX-101.DEF XBRL Definitions -- tsn-20111001_def XML 1.21M
22: EX-101.LAB XBRL Labels -- tsn-20111001_lab XML 2.16M
23: EX-101.PRE XBRL Presentations -- tsn-20111001_pre XML 1.81M
19: EX-101.SCH XBRL Schema -- tsn-20111001 XSD 324K
121: ZIP XBRL Zipped Folder -- 0001193125-11-317791-xbrl Zip 344K
| Form of Stock Option Grant Agreement with non-contracted employees |
EXHIBIT 10.40
NONQUALIFIED STOCK OPTION AWARD
PURSUANT TO THE TYSON FOODS, INC. 2000 STOCK INCENTIVE PLAN
THIS AWARD (the “Award”) is made as of the Grant Date by Tyson Foods, Inc., a Delaware corporation (the “Company”), to the Team Member (the “Optionee”) listed below, Personnel No. «Persno». Upon and subject to the Terms and Conditions applicable hereto and incorporated herein by reference, the Company hereby awards as of the Grant Date to Optionee a nonqualified stock option (the “Option”), as described below, to purchase the Option Shares.
«First_name___________» «MI» «Last_name____________»
«Street_and_house_number_______»
«M_2nd_address_line_________»
«City________________», «Rg» «Postal_code»
| A. | Grant Date: __________________. |
| B. | Type of Option: Nonqualified Stock Option. |
| C. | Plan under which granted: Tyson Foods, Inc. 2000 Stock Incentive Plan (“Plan”). |
| D. | Option Shares: All or any part of «Txt_Options» shares of the Company’s $.10 par value Class A common stock (the “Common Stock”), subject to adjustment as provided in the Terms and Conditions. |
| E. | Exercise Price: $______ per share, subject to adjustment as provided in the Terms and Conditions. |
| F. | Option Period: The Option may be exercised only during the Option Period which commences on the Grant Date and ends, subject to earlier termination as provided in the Terms and Conditions, on the earliest of the following (a) the tenth (10th) anniversary of the Grant Date; (b) three months following the date the Optionee ceases to be an employee of the Company (including any Affiliate) for any reason other than death, Disability or, termination of employment without cause after attaining at least age 62; or (c) one (1) year following the date the Optionee ceases to be an employee of the Company (including any Affiliate) due to death, Disability or, termination of employment without cause after attaining at least age 62; provided, however, that the Option may only be exercised as to the vested Option Shares determined pursuant to the Vesting Schedule below. Note that other restrictions to exercising the Option, as described in the Terms and Conditions, may apply. |
| G. | Vesting Schedule: The Option Shares shall become vested Option Shares in the increasing percentages indicated below but only if the Optionee remains continuously employed by the Company or any Affiliate through the date indicated beside the applicable percentage: |
| Percentage of Option Shares Which are Vested Shares |
Dates Upon Which Shares Become Vested Shares | |
| Zero (0) One-third (1/3) One-third (1/3) One-third (1/3) |
Prior to First Anniversary of Grant Date First Anniversary of Grant Date Second Anniversary of Grant Date Third Anniversary of Grant Date |
Notwithstanding the foregoing, all unvested Option Shares shall become vested Option Shares immediately upon the Optionee’s death, Disability or termination of employment without cause after attaining at least age 62. Upon a Change in Control (defined in Section 5(b) of the Terms and Conditions), all unvested Option Shares granted under this Award, or any prior award of Option Shares from the Company to the Optionee, shall become vested Option Shares sixty (60) days after the Change in Control.
IN WITNESS WHEREOF, the Company has executed and sealed this Award as of the Grant Date set forth above.
TYSON FOODS, INC.: __________________________ Donnie Smith, President and CEO
TERMS AND CONDITIONS TO THE
NONQUALIFIED STOCK OPTION AWARD
PURSUANT TO THE
TYSON FOODS, INC. 2000 STOCK INCENTIVE PLAN
1. Exercise of Option. Subject to the provisions of the Plan and the Award, which is made pursuant to the Plan, and subject also to these Terms and Conditions, which are incorporated in and made a part of the attached Award:
(a) The Option may be exercised with respect to all or any portion of the vested Option Shares at any time during the Option Period by the delivery to the Company, at its principal place of business, of (i) a notice of exercise in substantially the form required by the Committee (as defined in the Plan) (a form of which is available from the Company), which shall be actually delivered to the Company before the Optionee desires to exercise all or any portion of the Option; (ii) payment to the Company of the Exercise Price multiplied by the number of shares being purchased (the “Purchase Price”) in the manner provided in Subsection (b), and (iii) satisfaction of the tax withholding obligation described in Section 2 below.
(b) The Purchase Price shall be paid in full upon the exercise of an Option and no Option Shares shall be issued or delivered until full payment therefor has been made. Payment of the Purchase Price for all Option Shares purchased pursuant to the exercise of an Option shall be made in cash, certified check, or, alternatively, as follows:
(i) by delivery to the Company of a number of shares of Common Stock owned by the Optionee prior to the date of the Option’s exercise, having a Fair Market Value, as determined under the Plan, on the date of exercise either equal to the Purchase Price or in combination with cash to equal the Purchase Price;
(ii) subject to applicable securities laws, by receipt of the Purchase Price in cash from a broker, dealer or other “creditor” as defined by Regulation T issued by the Board of Governors of the Federal Reserve System following delivery by the Optionee to the Committee of instructions in a form acceptable to the Committee regarding delivery to such broker, dealer or other creditor of that number of Option Shares with respect to which the Option is exercised; or
(iii) by any combination of the foregoing.
Upon acceptance of such notice and receipt of payment in full of the Purchase Price and any tax withholding liability, the Company shall cause to be issued a certificate representing the Option Shares purchased.
2. Withholding. The Optionee must satisfy federal, state and local, if any, withholding taxes imposed by reason of the exercise of the Option either by paying to the Company the full amount of the withholding obligation (i) in cash; (ii) by tendering shares of Common Stock by the Optionee prior to the date of exercise having a Fair Market Value equal to the tax withholding obligation; (iii) by electing, irrevocably and in substantially the form required by the Committee (the “Withholding Election”), to have the smallest number of whole shares of Common Stock which, when multiplied by the Fair Market Value of the Common Stock as of the date the Option is exercised, is sufficient to satisfy the minimum required amount of tax withholding obligations; or (iv) by any combination of the above. Optionee may make a Withholding Election only if the following conditions are met:
(a) the Withholding Election is made on or prior to the date on which the amount of tax required to be withheld is determined by executing and delivering to the Company a properly completed Notice of Withholding Election in substantially the form required by the Committee (a form of which is available from the Company); and
(b) any Withholding Election will be irrevocable; however, the Committee may, in its sole discretion, disapprove and give no effect to the Withholding Election.
3. Rights as Shareholder. Until the stock certificates reflecting the Option Shares accruing to the Optionee upon exercise of the Option are issued to the Optionee, the Optionee shall have no rights as a shareholder with respect to such Option Shares. The Company shall make no adjustment for any dividends or distributions or other rights on or with respect to Option Shares for which the record date is prior to the issuance of that stock certificate, except as the Plan or this Award otherwise provides.
4. Restriction on Transfer of Option. Except as otherwise expressly permitted by the Committee in writing, the Option evidenced hereby is nontransferable other than by will or the laws of descent and distribution, and, shall be exercisable during the lifetime of the Optionee only by the Optionee (or in the event of his disability, by his legal representative) and after his death, by the Optionee’s designated beneficiary. If the Optionee fails to name a beneficiary, the Option may be exercised by the Optionee’s spouse, if the spouse survives the Optionee, otherwise, by the legal representative of the Optionee’s estate. If no legal representative is appointed, the Option may be exercised by the person entitled to that right under the laws of descent and distribution of the state where the Optionee resided at the time of death.
5. Changes in Capitalization.
(a) The number of Option Shares and the Exercise Price shall be proportionately adjusted for any increase or decrease in the number of issued shares of Common Stock resulting from a subdivision or combination of shares or the payment of a stock dividend (in excess of two percent (2%)) in shares of Common Stock to holders of outstanding shares of Common Stock or any other increase or decrease in the number of shares of Common Stock outstanding effected without receipt of consideration by the Company.
(b) If the Company shall be the surviving corporation in any merger, consolidation, reorganization or other change in the corporate structure of the Company or the Common Stock or in the event of an extraordinary dividend (including a spin-off), the Optionee shall be entitled to purchase or receive the number and class of securities to which a holder of the number of shares of Common Stock subject to the Option at the time of such transaction would have been entitled to receive as a result of such transaction, and a corresponding adjustment shall be made in the Exercise Price. Upon the occurrence of a Change in Control (defined below) all of the unvested Options granted hereunder will vest sixty (60) days after the Change in Control event occurs (unless vesting earlier pursuant to the terms of the Award). If the Optionee is terminated by the Company other than for egregious circumstances during such sixty (60) day period, all of the unvested Options granted hereunder will vest on the date of termination. For purposes of this Agreement, the term “Change in Control” shall have the same meaning as the term “Change in Control” as set forth in the Plan; provided, however, that a Change in Control shall not include any event as a result of which (i) Don Tyson; (ii) individuals related to Don Tyson by blood, marriage or adoption; and/or (iii) any entities (including, but not limited to, a partnership, corporation, trust or limited liability company) in which one or more individuals described in clauses (i) and (ii) hereof possess over fifty percent (50%) of the voting power or beneficial interests of such entities continue to possess, immediately after such event, over fifty percent (50%) of the voting power in the Company or, if applicable, successor entity. The Committee shall have the sole discretion to interpret the foregoing provisions of this paragraph.
(c) In lieu of any adjustment or permitted exercises of the Option contemplated by Subsection (b) above, the Committee retains the discretion in the event of any transaction contemplated by Subsection (b) to cancel the Option in consideration for a payment to the Optionee equal to the positive difference between the then aggregate Fair Market Value of, and the aggregate Exercise Price for, those vested Option Shares which have not been exercised as of the effective date of such transaction. Such payment may be made in shares of Common Stock or in cash or in any combination thereof.
(d) The existence of the Plan and this Award shall not affect in any way the right or power of the Company to make or authorize any adjustment, reclassification, reorganization or other change in its capital or business structure, any merger or consolidation of the Company, any issue of debt or equity securities having preferences or priorities as to the Common Stock or the rights thereof, the dissolution or liquidation of the Company, any sale or transfer of all or any part of its business or assets, or any other corporate act or proceeding.
6. Special Limitations on Exercise. Any exercise of the Option is subject to the condition that if at any time the Committee, in its discretion, shall determine that the listing, registration or qualification of the shares covered by the Option upon any securities exchange or under any state or federal law is necessary or desirable as a condition of or in connection with the delivery of shares thereunder, the delivery of any or all shares pursuant to the Option may be withheld unless and until such listing, registration or qualification shall have been effected. The Optionee shall deliver to the Company, prior to the exercise of the Option, such information, representations and warranties as the Company may reasonably request in order for the Company to be able to satisfy itself that the Option Shares being acquired in accordance with the terms of an applicable exemption from the securities registration requirements of applicable federal and state securities laws.
7. Legend on Stock Certificates. The Company may endorse any legends on certificates evidencing Option Shares that it deems necessary and advisable or as may be required to reflect any restrictions provided for herein or otherwise required by applicable federal or state securities laws.
8. Governing Laws. This Award shall be construed, administered and enforced according to the laws of Delaware; provided, however, no option may be exercised except, in the reasonable judgment of the Board of Directors, in compliance with exemptions under applicable state securities laws of the state in which the Optionee resides, and/or any other applicable securities laws.
9. Successors. This Award shall be binding upon and inure to the benefit of the heirs, legal representatives, successors and permitted assigns of the parties.
10. Notice. Except as otherwise specified herein, all notices and other communications under this Award shall be in writing and shall be deemed to have been given if personally delivered or if sent by registered or certified United States mail, return receipt requested, postage prepaid, addressed to the proposed recipient at the last known address of the recipient. Any party may designate any other address to which notices shall be sent by giving notice of the address to the other parties in the same manner as provided herein.
11. Severability. In the event that any one or more of the provisions or portion thereof contained in this Award shall for any reason be held to be invalid, illegal or unenforceable in any respect, the same shall not invalidate or otherwise affect any other provisions of this Award, and this Award shall be construed as if the invalid, illegal or unenforceable provision or portion thereof had never been contained herein.
12. Entire Agreement. Subject to the terms and conditions of the Plan, this Award expresses the entire understanding and agreement of the parties.
13. Violation. Any transfer, pledge, sale, assignment, or hypothecation of the Option or any portion thereof shall be a violation of the terms of this Award and shall be void and without effect.
14. Headings. Paragraph headings used herein are for convenience of reference only and shall not be considered in construing this Award.
15. Specific Performance. In the event of any actual or threatened default in, or breach of, any of the terms, conditions and provisions of this Award, the party or parties who are thereby aggrieved shall have the right to specific performance and injunction in addition to any and all other rights and remedies at law or in equity, and all such rights and remedies shall be cumulative.
16. No Right to Continued Employment. Neither the establishment of the Plan nor the award of Option Shares hereunder shall be construed as giving the Optionee the right to continued employment.
17. Defined Terms. Any capitalized terms herein not otherwise defined shall have the meanings set forth for such terms in the Plan.
| This ‘10-K’ Filing | Date | Other Filings | ||
|---|---|---|---|---|
 | ||||
| Filed on: | 11/21/11 | 4, 8-K | ||
| For Period end: | 10/1/11 | |||
| List all Filings | ||||
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 11/13/23 Tyson Foods, Inc. 10-K 9/30/23 119:19M 11/14/22 Tyson Foods, Inc. 10-K 10/01/22 118:20M 11/15/21 Tyson Foods, Inc. 10-K 10/02/21 124:19M 2/11/21 Tyson Foods, Inc. 10-K/A 10/03/20 131:23M 11/16/20 Tyson Foods, Inc. 10-K 10/03/20 134:23M |