-----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, LDk0ssowC75EB8aKz/ZJWaCdMN+1sQJWp7s4bPT0g4pymKPqqa6z0Ad/XE4hp9Qi /LIu8n+sGq/Fr7HfDMN7xg== 0001008886-04-000070.txt : 20040331 0001008886-04-000070.hdr.sgml : 20040331 20040331183708 ACCESSION NUMBER: 0001008886-04-000070 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040329 FILED AS OF DATE: 20040331 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: SWIFT TRANSPORTATION CO INC CENTRAL INDEX KEY: 0000863557 STANDARD INDUSTRIAL CLASSIFICATION: TRUCKING (NO LOCAL) [4213] IRS NUMBER: 860666860 STATE OF INCORPORATION: NV FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 2200 SOUTH 75TH AVENUE CITY: PHOENIX STATE: AZ ZIP: 85043 BUSINESS PHONE: 6022699700 MAIL ADDRESS: STREET 1: 2200 SOUTH 75TH AVENUE CITY: PHOENIX STATE: AZ ZIP: 85043 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: MOYES JERRY CENTRAL INDEX KEY: 0000901736 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-18605 FILM NUMBER: 04707420 BUSINESS ADDRESS: STREET 1: C/O SWIFT TRANSPORTATION CO INC STREET 2: P.O. BOX 29243 CITY: PHOENIX STATE: AZ ZIP: 85043 BUSINESS PHONE: 6022699700 MAIL ADDRESS: STREET 1: C/O SWIFT TRANSPORTATION CO INC STREET 2: P.O. BOX 29243 CITY: PHOENIX STATE: AZ ZIP: 85038 4 1 form4jerrymoyes_ex.xml X0201 4 2004-03-29 0 0000863557 SWIFT TRANSPORTATION CO INC SWFT 0000901736 MOYES JERRY C/O SWIFT TRANSPORTATION CO INC P.O. BOX 29243 PHOENIX AZ 85043 1 1 1 0 Chairman, President, and CEO Common Stock 2004-03-29 4 J 0 1300000 A 6072234 I Fn Common Stock 18748817 D Common Stock 492500 I by Corporation Common Stock 33750 I by L.L.C. On May 8, 2001, the Moyes Children's Limited Partnership (the "Partnership") entered into a variable prepaid forward contract with an unaffiliated third party pursuant to which 1,300,000 shares of the issuer's common stock were pledged by the Partnership (see Form 4 filed with the SEC June 1, 2001). The contract was set to mature on May 10, 2004, at which time the Partnership would have been required to deliver an agreed settlement amount, which could have been paid in cash, shares, or a combination of the two. The Partnership elected to settle the contract in cash in advance of its maturity date without delivering any shares. Although reported here as a purchase of 1,300,000 shares, the reporting person and the Partnership do not admit the transaction was a purchase for purposes of Section 16(b) of the Securities Exchange Act of 1934. The Partnership was formed September 4, 2000 by seven trusts for the benefit of six children of Jerry and Vickie Moyes. The cash settlement price was $16.9092 per share. The reporting person disclaims beneficial ownership of the shares owned by the Partnership, and the filing of this report is not an admission that the reporting person is the beneficial owner of such securities for purposes of Section 16 or for any other purpose. /s/ Jerry Moyes, by William Strait, attorney in fact, pursuant to a POA filed herewith 2004-03-31 EX-24 3 poajerrymoyes.txt POA JERY MOYES POWER OF ATTORNEY Know all by these presents, that the undersigned hereby constitutes and appoints each of Mark A. Scudder, Heidi Hornung-Scherr, William J. Strait, and Catherine A. Chase, signing singly, the undersigned's true and lawful attorney-in-fact to: (1) execute for and on behalf of the undersigned, in the undersigned's capacity as an officer, director, and/or ten percent stockholder of Swift Transportation Co., Inc. (the "Company"), Forms 3, 4, and 5 in accordance with Section 16(a) of the Securities Exchange Act of 1934 and the rules thereunder; (2) do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form 3, 4, or 5, including a Form ID, complete and execute any amendment or amendments thereto, and timely file such form with the United States Securities and Exchange Commission and any stock exchange or similar authority; and (3) take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in such attorney-in-fact's sole discretion. The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-fact's substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorneys-in-fact, in serving in such capacity at the request of the undersigned, are not assuming, nor is the Company or Scudder Law Firm, P.C., L.L.O. assuming, any of the undersigned's responsibilities to comply with Section 16 of the Securities Exchange Act of 1934. In consideration of the attorneys-in-fact acting on the undersigned's behalf pursuant to this Power of Attorney, the undersigned hereby agrees to indemnify and hold harmless each attorney-in-fact, each substitute attorney-in-fact, and each of their respective heirs, executors, legal representatives, successors, and assigns from and against the entirety of any and all losses, claims, causes of action, damages, fines, defense costs, amounts paid in settlement, liabilities, and expenses, including reasonable attorneys' fees and expenses (collectively, "Losses"), relating to or arising out of the exercise of this Power of Attorney by any such attorney-in-fact or substitute attorney-in-fact, and will reimburse each such indemnified person for all Losses as they are incurred by such indemnified person in connection with any pending or threatened claim, action, suit, proceeding, or investigation with which such indemnified person is or is threatened to be made a party. The undersigned will not, however, be responsible for any Losses that are finally determined by a court of 1 competent jurisdiction to have resulted solely from an attorney-in-fact's or substitute attorney-in-fact's bad faith or willful misconduct. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4, and 5 with respect to the undersigned's holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 30th day of March, 2004. /s/ Jerry Moyes --------------------------------- Jerry Moyes 2 -----END PRIVACY-ENHANCED MESSAGE-----