|
200505603
<br />FIRST AMENDMENT TO DEED OF TRUST AND
<br />SECURITY AGREEMENT AND FIXTURE FILING
<br />Hall County, Nebraska
<br />FIRST AMENDMENT TO DEED OF TRUST AND SECURITY AGREEMENT
<br />AND FIXTURE FILING, dated as of May -, 2005 (this "Amendment "), in favor of
<br />CITICORP USA, INC., as Administrative Agent, having an address at 388 Greenwich Street,
<br />19th Floor, New York, New York 10013, Attention: Thomas Halsch (together with its successors
<br />and assigns, "Beneficiary ") made by SWIFT BEEF COMPANY, a Delaware corporation having
<br />an address at c/o Swift & Company, 1770 Promonotory Circle, Greeley, Colorado 80634,
<br />Attention: Chief Financial Officer ( "Grantor "), such deed of trust being more particularly
<br />described in Exhibit A attached hereto (the "Deed of Trust "), and by this reference incorporated
<br />herein., covering the property described in Exhibit B. All capitalized terms used herein and not
<br />otherwise defined shall have the meanings ascribed to them in the Credit Agreement (hereinafter
<br />defined).
<br />WITNESSETH:
<br />WHEREAS, pursuant to the Credit Agreement, Grantor and Beneficiary are
<br />required to amend the Deed of Trust on the terns set forth herein.
<br />NOW, THEREFORE, in consideration of the premises and for other good and
<br />valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor
<br />and Beneficiary hereby agree as follows:
<br />1. The Deed of Trust is amended by deleting the reference in Paragraph B of
<br />the Background Section of the Deed of Trust to "Credit Agreement, dated as of September 19,
<br />2002 (as the same may be amended, supplemented, restated, replaced or otherwise modified
<br />from time to time, the "Credit Agreement "), among Swift & Company, a Delaware corporation,
<br />S &C Australia Holdco Pty. Ltd., Australia Meat Holdings Pty. Ltd., S &C Holdco 3, Inc., a
<br />Delaware corporation, the Lenders, the Issuers party thereto, the Beneficiary, as administrative,
<br />collateral and Australian agents for the Lenders and the Issuers, JPMorgan Chase Bank, as
<br />syndication agent for the Lenders and the Issuers, Citisecurities Limited, as Australian collateral
<br />trustee for the Lenders and issuers, and General Electric Capital Corporation, U.S. Bank,
<br />National Association, and Cooperatieve Centrale Raiffeisen- Boerenleenbank B.A., "Rabobank
<br />International ", New York Branch, each as co- documentation agents for the Lenders and Issuers"
<br />and substituting the following therefor:
<br />First Amendment to Deed of Trust — Grand Island, NE
<br />
|