Annual Report — Form 10-K Filing Table of Contents
Document/ExhibitDescriptionPagesSize
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
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 December27, 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, Arkansas72762-6999 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.
