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AMENDMENT NO. 1
TO THE SEABOARD CORPORATION
NON-QUALIFIED DEFERRED COMPENSATION PLAN
This Amendment made this 17 day of December, 2009 by
Seaboard Corporation, a Delaware corporation (the "Company").
W I T N E S S E T H:
WHEREAS, the Company maintains the Seaboard Corporation
Non-Qualified Deferred Compensation Plan (the "Plan");
WHEREAS, the Company desires to amend the Plan to remove
Seaboard Marine Ltd. from Appendix A, listing the participating
employers of the Plan;
WHEREAS, the Company also desires to amend Article V of the
Plan to provide that the Company, in its sole and absolute
discretion, may pay the Company Contribution in cash, in lieu of
crediting the Account of a Participant;
NOW, THEREFORE, the Company hereby amends the Plan,
effective January 1, 2009:
1. Appendix A to the Plan is amended to remove Seaboard
Marine Ltd. as a Participating Employer effective January 1,
2009. Employees of Seaboard Marine Ltd. may not have any further
Deferrals after January 1, 2009; however, Deferrals prior to such
date shall continue to be subject to the provisions of the Plan.
2. Article V, Company Contributions, of the Plan is amended as
follows:
a) To amend and restate Section 5.1 to read as follows:
5.1 Participation. Except as set forth
in Section 5.3 below, as soon as
administratively feasible after the last day
of each Plan Year a Company Contribution will
be credited to the Accounts of those
Participants determined by the Committee
under Section 3.2.
b) Amend Article V of the Plan to add a new Section 5.3
immediately following Section 5.2 of the Plan, providing as
follows:
5.3 Payment of Company Contribution in
Cash. Notwithstanding anything to the
contrary contained in this Article V, the
Company, in its sole and absolute discretion,
may pay to the Participant a cash amount
equal to the Company Contribution, if any, in
lieu of crediting the Account of said
Participant, as provided above in this
Article V.
IN WITNESS WHEREOF, the Company has caused this Amendment to
be executed the day and year first above written.
SEABOARD CORPORATION
By: /s/ Steven J. Bresky
Steven J. Bresky
President
ATTESTED:
By: /s/ David M. Becker
David M. Becker
Secretary