-----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, LYX/U3QI3fdkYos5hpaCSH1OY6av/a5ObpneONNHsPd/K/vebwGsxYdoFiDG+JpF uodsSgVfkYXojXlyVCVLLw== 0000916641-02-001145.txt : 20020730 0000916641-02-001145.hdr.sgml : 20020730 20020730165733 ACCESSION NUMBER: 0000916641-02-001145 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20020730 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20020730 FILER: COMPANY DATA: COMPANY CONFORMED NAME: SMITHFIELD FOODS INC CENTRAL INDEX KEY: 0000091388 STANDARD INDUSTRIAL CLASSIFICATION: MEAT PACKING PLANTS [2011] IRS NUMBER: 520845861 STATE OF INCORPORATION: VA FISCAL YEAR END: 0427 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-15321 FILM NUMBER: 02715005 BUSINESS ADDRESS: STREET 1: 200 COMMERCE STREET STREET 2: 999 WATERSIDE DRIVE CITY: SMITHFIELD STATE: VA ZIP: 23430 BUSINESS PHONE: 7573653000 MAIL ADDRESS: STREET 1: 900 DOMINION TOWER STREET 2: 999 WATERSIDE DRIVE CITY: NORFOLK STATE: VA ZIP: 23510 FORMER COMPANY: FORMER CONFORMED NAME: LIBERTY REAL ESTATE TRUST DATE OF NAME CHANGE: 19661113 FORMER COMPANY: FORMER CONFORMED NAME: LIBERTY EQUITIES CORP DATE OF NAME CHANGE: 19710221 8-K 1 d8k.txt FORM 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 8-K CURENT REPORT Pursuant to Section 13 OR 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest reported): July 30, 2002 SMITHFIELD FOODS, INC. -------------------------------------------------------------------- (Exact name of registrant as specified in its chapter) Virginia 0-2258 52-0845861 - ---------------------------- ------------------------ ------------------- (State or other jurisdiction (Commission File Number) (IRS Employer of incorporation) Identification No.) 200 Commerce Street Smithfield, Virginia 23430 ----------------------------- --------------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (757) 365-3000 Item 5. Other Events and Regulation FD Disclosure. On July 30, 2002, Joseph W. Luter, III, Chairman and Chief Executive Officer of the Registrant, and Daniel G. Stevens, Vice President and Chief Financial Officer of the Registrant, filed statements under oath with the Securities and Exchange Commission relating to the Registrant's filings under the Securities Exchange Act of 1934, as amended. The statements are in the form attached to Order No. 4-460 issued by the Securities and Exchange Commission on June 27, 2002. A copy of Mr. Luter's statement is included under Item 7, Exhibit 99.1 and a copy of Mr. Stevens' statement is included under Item 7, Exhibit 99.2. Item 7. Financial Statements and Exhibits. Exhibit Description 99.1 Statement under Oath by Joseph W. Luter, III, dated July 29, 2002 * 99.2 Statement under Oath by Daniel G. Stevens, dated July 29, 2002 * * Exhibit filed herewith. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. SMITHFIELD FOODS, INC. Date: July 30, 2002 /s/Michael H. Cole ----------------------- Michael H. Cole Secretary EX-99.1 3 dex991.txt EXHIBIT 99.1 EXHIBIT 99.1 STATEMENT UNDER OATH OF PRINCIPAL EXECUTIVE OFFICER RELATING TO EXCHANGE ACT FILINGS I, Joseph W. Luter, III, state and attest that: (1) To the best of my knowledge, based upon a review of the covered reports of Smithfield Foods, Inc. (the "Company"), and except as corrected or supplemented in a subsequent covered report: o no covered report contained an untrue statement of a material fact as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed); and o no covered report omitted to state a material fact necessary to make the statements in the covered report, in light of the circumstances under which they were made, not misleading as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed). (2) I have reviewed the contents of this statement with the Company's audit committee. (3) In this statement under oath, each of the following, if filed on or before the date of this statement is a "covered report": o the Annual Report on Form 10-K of the Company filed with the Securities and Exchange Commission (the "Commission") for the year ended April 28, 2002; o all reports on Form 10-Q, all reports on Form 8-K and all definitive proxy materials of the Company filed with the Commission subsequent to the filing of the Form 10-K identified above; and o any amendments to any of the foregoing. Dated: July 29, 2002 /s/ Joseph W. Luter, III ------------------------------ Joseph W. Luter, III Subscribed and sworn to before me this 29th day of July, 2002. /s/ Lisa R. Butler ------------------------------ Notary Public My commission expires: September 30, 2003 -------------------- EX-99.2 4 dex992.txt EXHIBIT 99.2 EXHIBIT 99.2 STATEMENT UNDER OATH OF PRINCIPAL FINANCIAL OFFICER RELATING TO EXCHANGE ACT FILINGS I, Daniel G. Stevens, state and attest that: (1) To the best of my knowledge, based upon a review of the covered reports of Smithfield Foods, Inc. (the "Company"), and except as corrected or supplemented in a subsequent covered report: o no covered report contained an untrue statement of a material fact as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed); and o no covered report omitted to state a material fact necessary to make the statements in the covered report, in light of the circumstances under which they were made, not misleading as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed). (2) I have reviewed the contents of this statement with the Company's audit committee. (3) In this statement under oath, each of the following, if filed on or before the date of this statement is a "covered report": o the Annual Report on Form 10-K of the Company filed with the Securities and Exchange Commission (the "Commission") for the year ended April 28, 2002; o all reports on Form 10-Q, all reports on Form 8-K and all definitive proxy materials of the Company filed with the Commission subsequent to the filing of the Form 10-K identified above; and o any amendments to any of the foregoing. Dated: July 29, 2002 /s/ Daniel G. Stevens ----------------------------- Daniel G. Stevens Subscribed and sworn to before me this 29th day of July, 2002. /s/ Lisa R. Butler ----------------------------- Notary Public My commission expires: September 30, 2003 -------------------- -----END PRIVACY-ENHANCED MESSAGE-----