-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, AXCJWK/hZ3eOyK+0MrPyqCm+IuKAK+u0If/Y2d+wnjYIH8G5Zl2Ikz/0/7COkt7y 0XGPBV42e0pMF8Sq5dA7Wg== 0000100493-04-000023.txt : 20040322 0000100493-04-000023.hdr.sgml : 20040322 20040322162201 ACCESSION NUMBER: 0000100493-04-000023 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20040319 FILED AS OF DATE: 20040322 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: TYSON FOODS INC CENTRAL INDEX KEY: 0000100493 STANDARD INDUSTRIAL CLASSIFICATION: POULTRY SLAUGHTERING AND PROCESSING [2015] IRS NUMBER: 710225165 STATE OF INCORPORATION: DE FISCAL YEAR END: 0927 BUSINESS ADDRESS: STREET 1: 2210 W OAKLAWN DR CITY: SPRINGDALE STATE: AR ZIP: 72762-6999 BUSINESS PHONE: 5012904000 MAIL ADDRESS: STREET 1: P O BOX 2020 STREET 2: P O BOX 2020 CITY: SPRINGDALE STATE: AR ZIP: 72765-2020 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: TOLLETT LELAND E CENTRAL INDEX KEY: 0001019044 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-14704 FILM NUMBER: 04682705 BUSINESS ADDRESS: STREET 1: P O BOX 2020 CITY: SPRINGDALE STATE: AR ZIP: 72765 BUSINESS PHONE: 4792904000 MAIL ADDRESS: STREET 1: P O BOX 2020 CITY: SPRINGDALE STATE: AR ZIP: 72765 4 1 tol131.xml X0201 4 2004-03-19 0 0000100493 TYSON FOODS INC TSN 0001019044 TOLLETT LELAND E 2210 W. OAKLAWN SPRINGDALE AR 72762 1 0 0 0 Class A Common Stock 2862227 D Class A Common Stock 6612 I By ESPP Class A Common Stock 120567 I By Spouse Class A Common Stock 108000 I By Tollett Farms Contract to Sell 0 2004-03-19 2004-03-19 4 J 0 1 A 2007-03-19 2007-03-19 Class A Common Stock 1000000 1 D Non-Qualified Stock Option (right to buy) 14 2003-04-26 Class A Common Stock 18750 18750 D Non-Qualified Stock Option (right to buy) 18 2006-10-03 Class A Common Stock 300000 300000 D Includes 5,281 shares purchased from 11-01-02 through 02-29-04 for the reporting person's account under the Tyson Foods, Inc Employee Stock Purchase Plan which transactions are exempt under Section 16b-3. The reporting person entered into a pre-paid variable equity forward contract (the "Contract") relating to 1,000,000 shares of Tyson Foods, Inc. Class A Common Stock (the "Class A Stock") which expires on March 19, 2007. The transaction was effective March 19, 2004. As a result of the transaction, the reporting person received net proceeds of $14,106,555. Under the terms of the Contract, the reporting person has agreed to deliver a number of shares of Class A Stock on the expiration date of the Contract pursuant to the following formula: (i) if the price of Class A Stock on the date of expiration or termination (the "Final Price") is less than a specified floor price (the "Floor Price"), then 1,000,000 shares; (ii) if the Final Price is less than or equal to a specified maximum price (the "Cap Price"), but great than or equal to the Floor Price, then a number of shares equal to 1,000,000 times the Floor Price divided by the Final Price; (iii) if the Final Price is greater than the Cap Price, then a number of shares equal to 1,000,000 multiplied by a fraction, the numerator of which is the sum of the Floor Price and the difference between the Final Price and the Cap Price, and the denominator of which is the Final Price. The Contract has a Floor Price equal to $17.13/share and a Cap Price equal to $23.98/share, all based on an average market price of the Class A Stock of $17.13/share. The reporting person has pledged 1,000,000 shares of Class A Stock to secure his obligations under the Contract. Under the Contract, in lieu of the delivery of the 1,000,000 shares of Class A Stock the reporting person may, at his option, settle the Contract by delivery of cash. However, in certain events the reporting person is obligated to settle the Contract by delivery of cash. The Stock Options become exercisable in five equal annual installments, commencing three years after the date of grant 4/26/93. The Stock Options become exercisable in five equal annual installments commencing three years after the date of grant 10/3/96. /s/ Tollett, Leland E. 2004-03-22 -----END PRIVACY-ENHANCED MESSAGE-----