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Tyson Foods Inc – ‘10-K’ for 10/3/09 – EX-10.32

On:  Monday, 11/23/09, at 7:44am ET   ·   For:  10/3/09   ·   Accession #:  100493-9-67   ·   File #:  1-14704

Previous ‘10-K’:  ‘10-K’ on 11/20/08 for 9/27/08   ·   Next:  ‘10-K’ on 11/22/10 for 10/2/10   ·   Latest:  ‘10-K’ on 11/13/23 for 9/30/23   ·   3 References:   

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  As Of                Filer                Filing    For·On·As Docs:Size

11/23/09  Tyson Foods Inc                   10-K       10/03/09   17:4.7M

Annual Report   —   Form 10-K
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-K        Tyson Foods, Inc. Form 10-K 10/03/09                HTML   2.13M 
 2: EX-10.14    Material Contract -- exhibit_1014                   HTML     77K 
 3: EX-10.22    Material Contract -- exhibit_1022                   HTML     87K 
 4: EX-10.30    Material Contract -- exhibit_1030                   HTML     19K 
 5: EX-10.32    Material Contract -- exhibit_1032                   HTML     17K 
 6: EX-10.34    Material Contract -- exhibit_1034                   HTML     20K 
 7: EX-10.39    Material Contract -- exhibit_1039                   HTML     26K 
 8: EX-10.41    Material Contract -- exhibit_1041                   HTML     45K 
 9: EX-10.43    Material Contract -- exhibit_1043                   HTML     39K 
10: EX-10.44    Material Contract -- exhibit_1044                   HTML     31K 
11: EX-12.1     Statement re: Computation of Ratios -- exhibit_121  HTML     41K 
12: EX-21       Subsidiaries of the Registrant -- exhibit_21        HTML     58K 
13: EX-23       Consent of Experts or Counsel -- exhibit_23         HTML     10K 
14: EX-31.1     Certification per Sarbanes-Oxley Act (Section 302)  HTML     14K 
                          -- exhibit_311                                         
15: EX-31.2     Certification per Sarbanes-Oxley Act (Section 302)  HTML     14K 
                          -- exhibit_312                                         
16: EX-32.1     Certification per Sarbanes-Oxley Act (Section 906)  HTML     11K 
                          -- exhibit_321                                         
17: EX-32.2     Certification per Sarbanes-Oxley Act (Section 906)  HTML     11K 
                          -- exhibit_322

EX-10.32   —   Material Contract — exhibit_1032

This exhibit is an HTML Document rendered as filed.  [ Alternative Formats ]


FIRST AMENDMENT TO THE EXECUTIVE SAVINGS PLAN
OF TYSON FOODS, INC.

THIS FIRST AMENDMENT is made on this 31st day of December, 2008 by Tyson Foods, Inc., a corporation duly organized and existing under the laws of the State of Delaware (the “Employer”).

INTRODUCTION:

WHEREAS, the Employer maintains the Executive Savings Plan of Tyson Foods, Inc. (the “Plan”), which was last amended and restated by an indenture effective as of January 1, 2009; and

WHEREAS, the Employer now desires to amend the Plan to make a technical correction to the term “Separation from Service” as that term is used under the Plan.

NOW, THEREFORE, the Employer does hereby amend the Plan, effective as of January 1, 2009, by deleting the existing Section 1.19 in its entirety and by substituting therefor the following:

“1.19           Separation from Service.  ‘Separation from Service’ means the termination of the service relationship between a Member and the Employer (and its affiliates) if the termination constitutes a “separation from service” under Code Section 409A.  Notwithstanding the foregoing, the service relationship between a Member and the Employer is considered to remain intact while the Member is on military leave, sick leave or other bona fide leave of absence if there is a reasonable expectation that the Member will return to perform services for the Employer and the period of such leave does not exceed six months, or if longer, so long as the individual retains a right to return to service with the Employer under applicable law or contract.  Whether the Member has terminated the Member’s service relationship with the Employer will be determined by the Employer based on whether it is reasonably anticipated by the Employer and the Member that the Member will permanently cease providing services to the Employer (and its affiliates) or that the services to be performed by the Member will permanently decrease to no more than twenty percent (20%) of the average level of bona fide services performed by the Member over the immediately preceding 36-month period or such shorter period during which the Member was performing services for the Employer (and its affiliates).  If a leave of absence occurs during such 36-month or shorter period which is not considered a Separation from Service, unpaid leaves of absence shall be disregarded and the level of services provided during any paid leave of absence shall be presumed to be the level of services required to receive the compensation paid with respect to such leave of absence.”

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

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

         
TYSON FOODS, INC.
  
       
By:
/s/ Dennis Leatherby
  
       
Title:
Exec. Vice President and Chief Financial Officer
  
             
 
ATTEST:
        
 
By:
/s/ R. Read Hudson
        
 
Title
VP, Assoc. General Counsel and Secretary
        
             
   
 
        



Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10-K’ Filing    Date    Other Filings
Filed on:11/23/098-K,  8-K/A
For Period End:10/3/09
1/1/09
 List all Filings 

3 Subsequent Filings that Reference this Filing

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 5/19/10  SEC                               UPLOAD10/19/17    1:16K  Tyson Foods, Inc.
 3/12/10  SEC                               UPLOAD10/19/17    1:22K  Tyson Foods, Inc.
 2/17/10  SEC                               UPLOAD10/19/17    1:47K  Tyson Foods, Inc.
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Filing Submission 0000100493-09-000067   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)
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