Exhibit 10.28
CONFIDENTIAL PORTIONS HAVE BEEN
OMITTED BASED UPON A REQUEST
FOR CONFIDENTIAL TREATMENT
PURSUANT TO RULE 24b-2 OF THE
SECURITIES EXCHANGE ACT OF 1934
AND HAVE BEEN SEPARATELY FILED
WITH THE SECURITIES AND EXCHANGE
COMMISSION.
January 11, 2006
David Hand
Pilgrim’s Pride
Corporation
1107 Monticello Road
Mount Pleasant, TX 75455
Dear David:
This letter is an amendment to the
letter dated February 15, 2005 to incorporate the follow
volume for the product shown below. As discussed and agreed by and
between EPL and Pilgrims; Pilgrim’s will supply the EPL
system with the following:
Up to *** additional pounds of
Saddle cuts delivered to MBM/Rancho Cucarnonga, CA and
MBM/Pleasanton, CA *** cents per pound fixed for the first year.
This *** lbs is in addition to the current agreement dated
February 15, 2005 for approximately *** pounds. The new
estimated annual volume now totals *** pounds and will be priced at
*** cents per pound and fixed for the first year.
Additionally, with the effective
date, the existing contracted volume will also transition to the
new Saddle cut pricing identified above. *** of the system volume
will be set aside for the development of an alternate(s) supplier
of this product.
Year two will be priced on a floor
ceiling based on the *** for Bulk Leg Quarters ***. Pricing will be
calculated on