-----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, V/DPe3L4v647GgMAVEAME5SO3ykY8kZulpfay3nltsvoeYMmxNLm8ySbImF5mUqD CZJK1xYnscgjr8tefvpB/Q== 0001123292-04-000119.txt : 20040323 0001123292-04-000119.hdr.sgml : 20040323 20040323185122 ACCESSION NUMBER: 0001123292-04-000119 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20040319 FILED AS OF DATE: 20040323 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: MURPHY MARC D CENTRAL INDEX KEY: 0001261296 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-15321 FILM NUMBER: 04685848 MAIL ADDRESS: STREET 1: P O BOX 1087 CITY: ROSE HILL STATE: NC ZIP: 28458 ISSUER: 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: 0430 BUSINESS ADDRESS: STREET 1: 200 COMMERCE STREET STREET 2: EXECUTIVE OFFICE BUILDING CITY: SMITHFIELD STATE: VA ZIP: 23430 BUSINESS PHONE: 7573653000 MAIL ADDRESS: STREET 1: 200 COMMERCE STREET STREET 2: EXECUTIVE OFFICE BUILDING CITY: SMITHFIELD STATE: VA ZIP: 23430 FORMER COMPANY: FORMER CONFORMED NAME: LIBERTY EQUITIES CORP DATE OF NAME CHANGE: 19710221 FORMER COMPANY: FORMER CONFORMED NAME: LIBERTY REAL ESTATE TRUST DATE OF NAME CHANGE: 19661113 4 1 edgar.xml PRIMARY DOCUMENT X0201 4 2004-03-19 0000091388 SMITHFIELD FOODS INC SFD 0001261296 MURPHY MARC D P.O. BOX 1087 ROSE HILL NC 28458 0 0 1 0 Common Stock 2004-03-16 5 G 0 33300 0 D 1114995 D Common Stock 2004-03-16 4 J 0 266700 D 848295 D Common Stock 2004-03-19 4 J 0 264033 D 2667 I By MDM Legacy LLC The Reporting Person transferred 33,300 shares of Smithfield Foods, Inc. common stock ("Common Stock") to MDM Legacy Trust for no consideration on March 16, 2004. The Reporting Person does not exercise investment control over MDM Legacy Trust. The Reporting Person disclaims beneficial ownership of the shares of Common Stock owned by MDM Legacy Trust. The Reporting Person transferred 266,700 shares of Common Stock to MDM Legacy LLC, a Delaware limited liability company, in exchange for the Class A and Class B units representing 100% of the ownership interest of MDM Legacy LLC on March 16, 2004. MDM Legacy LLC was wholly owned by the Reporting Person until March 19, 2004, as described below in footnote 3. The transfer from the Reporting Person to MDM Legacy LLC was a change in the form of beneficial ownership, from direct to indirect, which is exempt from Section 16 pursuant to Rule 16a-13 under the Securities Exchange Act of 1934. On March 19, 2004, the Reporting Person transferred 100%, subject to subsequent adjustment, of the Class B limited liability company interests of MDM Legacy LLC, which represent 99% of the Reporting Person's pecuniary interest in the shares of Common Stock held by MDM Legacy LLC. At the time of the transfer, the shares of Common Stock held by MDM Legacy LLC represented approximately 77% of the value of the total assets held by MDM Legacy LLC. The MDM Legacy LLC Class B interests were transferred to MDM Legacy Trust in exchange for a promissory note in the amount of $5.0 million, which amount is subject to adjustment based on a valuation prepared by an independent third party. The Reporting Person retains all of the Class A limited liability interests in MDM Legacy LLC, which provide the Reporting Person with a 1% pecuniary interest in the shares of Common Stock held by MDM Legacy LLC (continuation of prior footnote) and the power to transfer the Class A interests in MDM Legacy LLC and to change the manager of MDM Legacy LLC. Dispositive power over the shares of Common Stock owned by MDM Legacy LLC is held by an independent manager, as required under the MDM Legacy LLC operating agreement. This amount reflects the Reporting Person's ownership of 1% of the pecuniary interest of the shares of Common Stock owned by MDM Legacy LLC. The reporting person may be deemed to be a member of a "group" with Wendell H. Murphy, Wendell H. Murphy, Jr., Harry D. Murphy, Wendy Murphy Crumpler, Joyce Murphy Minchew, Stratton K. Murphy and Angela Norman Brown for purposes of Section 13(d) of the Exchange Act. Mark Roberts (attorney-in-fact) 2004-03-23 -----END PRIVACY-ENHANCED MESSAGE-----