EX-10.25 4 ex10-25.txt AMENDMENT NO. 1 TO THE SEABOARD CORPORATION NON-QUALIFIED DEFERRED COMPENSATION PLAN 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 2