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As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 11/22/10 Tyson Foods, Inc. 10-K 10/02/10 143:29M Donnelley … Solutions/FA |
Document/Exhibit Description Pages Size
1: 10-K Annual Report HTML 1.87M
2: EX-10.12 First Amendment, Dated October 3, 2010, to the HTML 43K
Senior Advisor Agreement
3: EX-10.22 Agreement, Dated as of October 3, 2010, Between HTML 97K
the Company and John Tyson
4: EX-10.31 Second Amendment to Executive Savings Plan of HTML 44K
Tyson Foods, Inc.
5: EX-10.41 Form of Restricted Stock Agreement HTML 72K
6: EX-10.43 Form of Stock Option Grant Agreement HTML 64K
7: EX-10.44 Form of Stock Option Grant Agreement HTML 64K
9: EX-14.1 Code of Conduct of the Company HTML 126K
10: EX-21 Subsidiaries of the Company HTML 65K
11: EX-23.1 Consent of Pricewaterhousecoopers, LLP HTML 39K
12: EX-23.2 Consent of Ernst & Young, LLP HTML 40K
8: EX-12.1 Calculation of Ratio of Earnings to Fixed Charges HTML 56K
13: EX-31.1 Certification of Chief Executive Officer Pursuant HTML 43K
to Section 302
14: EX-31.2 Certification of Chief Financial Officer Pursuant HTML 43K
to Section 302
15: EX-32.1 Certification of Chief Executive Officer Pursuant HTML 39K
to Section 906
16: EX-32.2 Certification of Chief Financial Officer Pursuant HTML 39K
to Section 906
109: XML IDEA XML File -- Definitions and References XML 404K
129: XML IDEA XML File -- Filing Summary XML 471K
122: XML.R1 Document and Entity Information XML 264K
123: XML.R2 Consolidated Statements of Income XML 730K
69: XML.R3 Consolidated Balance Sheets XML 414K
79: XML.R4 Consolidated Balance Sheets (Parenthetical) XML 160K
106: XML.R5 Consolidated Statements of Shareholders' Equity XML 2.30M
101: XML.R6 Consolidated Statements of Shareholders' Equity XML 192K
(Parenthetical)
136: XML.R7 Consolidated Statements of Cash Flows XML 505K
40: XML.R8 Business and Summary of Significant Accounting XML 96K
Policies
100: XML.R9 Change in Accounting Principles XML 155K
34: XML.R10 Acquisitions XML 63K
33: XML.R11 Discontinued Operation XML 74K
68: XML.R12 Other Income and Charges XML 67K
116: XML.R13 Derivative Financial Instruments XML 186K
71: XML.R14 Property, Plant and Equipment XML 73K
75: XML.R15 Goodwill and Other Intangible Assets XML 128K
94: XML.R16 Other Current Liabilities XML 67K
142: XML.R17 Commitments XML 78K
58: XML.R18 Debt XML 916K
23: XML.R19 Fair Value Measurements XML 196K
78: XML.R20 Comprehensive Income (Loss) XML 112K
113: XML.R21 Stock-Based Compensation XML 110K
47: XML.R22 Pensions and Other Postretirement Benefits XML 315K
107: XML.R23 Supplemental Cash Flow Information XML 67K
76: XML.R24 Transactions With Related Parties XML 63K
135: XML.R25 Income Taxes XML 156K
118: XML.R26 Earnings (Loss) Per Share XML 107K
83: XML.R27 Segment Reporting XML 148K
95: XML.R28 Quarterly Financial Data (Unaudited) XML 127K
32: XML.R29 Capital Structure XML 60K
37: XML.R30 Contingencies XML 80K
50: XML.R31 Valuation and Qualifying Accounts XML 86K
63: XML.R32 Business and Summary of Significant Accounting XML 178K
Policies (Policy)
92: XML.R33 Business and Summary of Significant Accounting XML 69K
Policies (Tables)
117: XML.R34 Change in Accounting Principles (Tables) XML 146K
27: XML.R35 Discontinued Operation (Tables) XML 72K
41: XML.R36 Derivative Financial Instruments (Tables) XML 251K
125: XML.R37 Property, Plant and Equipment (Tables) XML 71K
134: XML.R38 Goodwill and Other Intangible Assets (Tables) XML 129K
85: XML.R39 Other Current Liabilities (Tables) XML 67K
139: XML.R40 Commitments (Tables) XML 78K
42: XML.R41 Debt (Tables) XML 927K
141: XML.R42 Fair Value Measurements (Tables) XML 196K
52: XML.R43 Comprehensive Income (Loss) (Tables) XML 116K
24: XML.R44 Stock-Based Compensation (Tables) XML 111K
51: XML.R45 Pensions and Other Postretirement Benefits XML 352K
(Tables)
112: XML.R46 Supplemental Cash Flow Information (Tables) XML 66K
133: XML.R47 Income Taxes (Tables) XML 165K
73: XML.R48 Earnings (Loss) Per Share (Tables) XML 103K
54: XML.R49 Segment Reporting (Tables) XML 138K
91: XML.R50 Quarterly Financial Data (Unaudited) (Tables) XML 122K
30: XML.R51 Valuation and Qualifying Accounts (Tables) XML 84K
98: XML.R52 Business and Summary of Significant Accounting XML 571K
Policies (Narratives) (Details)
56: XML.R53 Business and Summary of Significant Accounting XML 169K
Policies (Schedule) (Details)
39: XML.R54 Change in Accounting Principles (Narratives) XML 51K
(Details)
132: XML.R55 Change in Accounting Principles (Income Statement XML 1.19M
Schedule) (Details)
127: XML.R56 Change in Accounting Principles (Balance Sheet XML 410K
Schedule) (Details)
67: XML.R57 Acquisitions (Details) XML 129K
46: XML.R58 Discontinued Operation (Narratives) (Details) XML 110K
120: XML.R59 Discontinued Operation (Lakeside's Operating XML 126K
Results) (Details)
36: XML.R60 Other Income and Charges (Details) XML 262K
102: XML.R61 Derivative Financial Instruments (Narratives) XML 123K
(Details)
99: XML.R62 Derivative Financial Instruments (Aggregate XML 123K
Outstanding Notionals Related to Cash Flow Hedges)
(Details)
126: XML.R63 Derivative Financial Instruments (Pretax Impact of XML 254K
Cash Flow Hedge Derivative Instruments on the
Consolidated Statements of Income) (Details)
121: XML.R64 Derivative Financial Instruments (Aggregate XML 123K
Outstanding Notionals Related to Fair Value
Hedges) (Details)
138: XML.R65 Derivative Financial Instruments (Gains or Losses XML 159K
on the Hedging Items) (Details)
44: XML.R66 Derivative Financial Instruments (Pretax Impact of XML 149K
Derivative Instruments on the Consolidated
Statements of Income) (Details)
66: XML.R67 Derivative Financial Instruments (Aggregate XML 292K
Outstanding Notionals Related to Undesignated
Positions) (Details)
89: XML.R68 Derivative Financial Instruments (Pretax Impact of XML 256K
Undesignated Derivatives) (Details)
77: XML.R69 Derivative Financial Instruments (Fair Value of XML 206K
All Derivative Instruments) (Details)
90: XML.R70 Property, Plant and Equipment (Narratives) XML 60K
(Details)
140: XML.R71 Property, Plant and Equipment (Property, Plant and XML 131K
Equipment and Accumulated Depreciation) (Details)
45: XML.R72 Goodwill and Other Intangible Assets (Narratives) XML 155K
(Details)
53: XML.R73 Goodwill and Other Intangible Assets (Other XML 104K
intangible assets by type) (Details)
49: XML.R74 Goodwill and Other Intangible Assets (Goodwill XML 526K
activity for fiscal years 2010 and 2009) (Details)
86: XML.R75 Other Current Liabilities (Details) XML 96K
97: XML.R76 Commitments (Narratives) (Details) XML 210K
82: XML.R77 Commitments (Minimum lease commitments under XML 101K
non-cancelable leases) (Details)
74: XML.R78 Commitments (Future Purchase Commitments) XML 99K
(Details)
43: XML.R79 Debt (Narratives) (Details) XML 1.16M
25: XML.R80 Debt (Major components of debt) (Details) XML 440K
87: XML.R81 Debt (Income Statement) (Details) XML 1.95M
65: XML.R82 Debt (Balance Sheet) (Details) XML 2.19M
81: XML.R83 Debt (Cash Flow) (Details) XML 2.33M
111: XML.R84 Fair Value Measurements (Narratives) (Details) XML 458K
105: XML.R85 Fair Value Measurements (Assets and Liabilities) XML 786K
(Details)
60: XML.R86 Fair Value Measurements (Debt Securities) XML 115K
(Details)
115: XML.R87 Fair Value Measurements (Available for Sale XML 295K
Securities) (Details)
103: XML.R88 Fair Value Measurements (Fair Value and Carrying XML 79K
Value of Debt) (Details)
48: XML.R89 Comprehensive Income (Loss) (Accumulated Other XML 117K
Comprehensive Income) (Details)
72: XML.R90 Comprehensive Income (Loss) (Other Comprehensive XML 317K
Income (Loss) (Details)
104: XML.R91 Stock-Based Compensation (Narratives) (Details) XML 458K
57: XML.R92 Stock-Based Compensation (Stock Options Awards) XML 162K
(Details)
119: XML.R93 Stock-Based Compensation (Assumptions as of the XML 114K
Grant Date Used in the Fair Value Calculation)
(Details)
62: XML.R94 Stock-Based Compensation (Restricted Stock Awards) XML 151K
(Details)
110: XML.R95 Pensions and Other Postretirement Benefits XML 220K
(Narratives) (Details)
88: XML.R96 Pensions and Other Postretirement Benefits XML 830K
(Benefit Obligations and Funded Status) (Details)
26: XML.R97 Pensions and Other Postretirement Benefits (Net XML 336K
Periodic Benefit Cost) (Details)
61: XML.R98 Pensions and Other Postretirement Benefits XML 228K
(Assumptions) (Details)
114: XML.R99 Pensions and Other Postretirement Benefits (Plan XML 1.14M
Assets) (Details)
38: XML.R100 Pensions and Other Postretirement Benefits (Plan XML 194K
Assets) (Reconciliation of change in fair value
measurement of defined benefit plans) (Details)
84: XML.R101 Pensions and Other Postretirement Benefits XML 120K
(Estimated Future Benefit Payments) (Details)
96: XML.R102 Supplemental Cash Flow Information (Details) XML 92K
124: XML.R103 Transactions With Related Parties (Details) XML 92K
143: XML.R104 Income Taxes (Narratives) (Details) XML 390K
55: XML.R105 Income Taxes (Provision for Income Taxes from XML 145K
Continuing Operations) (Details)
28: XML.R106 Income Taxes (Reason for Differences in Federal XML 195K
Tax Rate and Effective Income Tax Rate) (Details)
59: XML.R107 Income Taxes (Tax Effects of Major Items Recorded XML 253K
as Deferred Tax Assets and Liabilities) (Details)
64: XML.R108 Income Taxes (Activity Related to Gross XML 145K
Unrecognized Tax Benefits) (Details)
35: XML.R109 Earnings (Loss) Per Share (Narratives) (Details) XML 93K
131: XML.R110 Earnings (Loss) Per Share (Segment Reporting) XML 546K
(Details)
128: XML.R111 Segment Reporting (Narratives) (Details) XML 506K
29: XML.R112 Segment Reporting (Segment Operating Income XML 730K
(Loss)) (Details)
70: XML.R113 Quarterly Financial Data (Unaudited) (Narratives) XML 111K
(Details)
80: XML.R114 Quarterly Financial Data (Unaudited) (Details) XML 699K
108: XML.R115 Capital Structure (Details) XML 92K
31: XML.R116 Contingencies (Details) XML 507K
137: XML.R117 Valutation and Qualifying Accounts (Details) XML 210K
130: EXCEL IDEA Workbook of Financial Reports (.xls) XLS 4.36M
17: EX-101.INS XBRL Instance -- tsn-20101002 XML 6.33M
19: EX-101.CAL XBRL Calculations -- tsn-20101002_cal XML 400K
20: EX-101.DEF XBRL Definitions -- tsn-20101002_def XML 1.26M
21: EX-101.LAB XBRL Labels -- tsn-20101002_lab XML 2.03M
22: EX-101.PRE XBRL Presentations -- tsn-20101002_pre XML 1.81M
18: EX-101.SCH XBRL Schema -- tsn-20101002 XSD 362K
93: ZIP XBRL Zipped Folder -- 0001193125-10-265708-xbrl Zip 356K
| Form of Stock Option Grant Agreement |
Exhibit 10.43
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 «First_name » «MI» «Last_name » (the “Optionee”) 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.
| 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, after attaining at least age 62, retirement; 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, after attaining at least age 62, retirement; 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) |
Prior to First Anniversary of Grant Date | |||
| One-third ( 1/3) |
First Anniversary of Grant Date |
|||
| One-third ( 1/3) |
Second Anniversary of Grant Date |
|||
| One-third ( 1/3) |
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 voluntary termination of employment after attaining at least age 62. If Optionee is involuntarily terminated by the Company other than for Cause, all unvested Option Shares which have been granted and outstanding for at least two years will fully vest upon the Optionee’s execution of a Separation Agreement and General Release and such Options will be exercisable for a period of three months from Optionee’s termination date (but no later than the tenth anniversary of the Grant Date). 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.: | ||
| By: |
| |
| Title: | President and CEO | |
1
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 owned 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
2
(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.
3
(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.
4
12. Certain Breaches of Employment Agreement. Notwithstanding anything to the contrary herein, if, at any time, the Company determines that the Optionee has breached any of the terms, provisions and restrictions imposed upon the Optionee under any employment agreement between the Company and Optionee, or any provision thereof, then in effect (the “Employment Agreement”), all of the Option Shares shall be forfeited. Such forfeiture shall occur without limiting the Company’s other rights and remedies available under the Employment Agreement.
13. Entire Agreement. Subject to the terms and conditions of the Plan, this Award expresses the entire understanding and agreement of the parties.
14. 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.
15. Headings. Paragraph headings used herein are for convenience of reference only and shall not be considered in construing this Award.
16. 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.
17. 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.
18. Defined Terms. Any capitalized terms herein not otherwise defined shall have the meanings set forth for such terms in the Plan.
5
| This ‘10-K’ Filing | Date | Other Filings | ||
|---|---|---|---|---|
 | ||||
| Filed on: | 11/22/10 | 4, 8-K | ||
| For Period end: | 10/2/10 | |||
| List all Filings | ||||
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 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 |