1. Title of Derivative Security (Instr. 4) |
2. Date Exercisable and Expiration Date (Month/Day/Year) |
3. Title and Amount of Securities Underlying Derivative Security (Instr. 4) |
4. Conversion or Exercise Price of Derivative Security |
5. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 5) |
6. Nature of Indirect Beneficial Ownership (Instr. 5) |
Date Exercisable |
Expiration Date |
Title |
Amount or Number of Shares |
Non-Qualified Stock Option (right to buy)
|
09/19/2005(9)
|
09/19/2013 |
Class A Common Stock
|
6,000
|
$
13.33
|
D
|
Â
|
Performance Shares
|
Â
(2)(3)
|
Â
(3)
|
Class A Common Stock
|
24,930
|
$
(4)
|
D
|
Â
|
Performance Shares
|
Â
(5)
|
Â
(5)
|
Class A Common Stock
|
22,796
|
$
(4)
|
D
|
Â
|
Incentive Stock Option (right to buy)
|
Â
(6)
|
12/21/2005 |
Class A Common Stock
|
16,488
|
$
10.65
|
D
|
Â
|
Incentive Stock Option (right to buy)
|
Â
(6)
|
09/30/2006 |
Class A Common Stock
|
5,715
|
$
9.97
|
D
|
Â
|
Incentive Stock Option (right to buy)
|
Â
(6)
|
08/18/2007 |
Class A Common Stock
|
1,957
|
$
9.6
|
D
|
Â
|
Incentive Stock Option (right to buy)
|
Â
(6)
|
12/23/2007 |
Class A Common Stock
|
6,552
|
$
8.68
|
D
|
Â
|
Non-Qualified Stock Option (right to buy)
|
Â
(6)
|
12/23/2007 |
Class A Common Stock
|
10,020
|
$
8.68
|
D
|
Â
|
Non-Qualified Stock Option (right to buy)
|
Â
(6)
|
08/30/2008 |
Class A Common Stock
|
16,572
|
$
6.95
|
D
|
Â
|
Non-Qualified Stock Option (right to buy)
|
Â
(6)
|
01/31/2010 |
Class A Common Stock
|
20,000
|
$
6.19
|
D
|
Â
|
Non Qualified Stock Option (right to buy)
|
Â
(6)
|
07/01/2011 |
Class A Common Stock
|
7,992
|
$
10.6
|
D
|
Â
|
Non-Qualified Stock Option (right to buy)
|
10/15/2003(7)
|
10/15/2011 |
Class A Common Stock
|
9,000
|
$
9.32
|
D
|
Â
|
Non Qualified Stock Option (right to buy)
|
10/10/2004(8)
|
10/10/2012 |
Class A Common Stock
|
9,000
|
$
9.64
|
D
|
Â
|
* |
If the form is filed by more than one reporting person, see Instruction 5(b)(v). |
** |
Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). |
(1) |
Mr. Lochner directly ownes 21,530 shares of common stock and 68,516 shares of restricted common stock. |
(2) |
The awards were effective October 3, 2005, the date the Company priced and determined to offer the filer their new employment contract and the awards. The award agreements were delivered to the filer on October 7, 2005, the date the filer signed their new employment agreement with the Company. |
(3) |
The award vests two business days following the Company's public announcement of its earnings for the second quarter of 2008 fiscal year. One half of the award is based upon a comparison of the market price of Tyson's Class A Common Stock to a peer group of publicly traded companies and the other half by the achievement of the Company of certain cash flow measures. |
(4) |
Each Performance Share that vests entitles holder to 1 share of Class A Common Stock. The number expressed above is the maximum number of shares that can vest under the grant. |
(5) |
The award vests two business days following the Company's public announcement of its earnings for the 2007 fiscal year based upon a comparison of the market price of Tyson's Class A Common Stock to a peer group of publicly traded companies and the achievement by the Company of certain return on invested capital measures. |
(6) |
Pursuant to the Agreement and Plan of Merger dated January 1, 2001 by and among Issuer, Lasso Acquisition Corporation ("Lasso"), a wholly owned subsidiary of Issuer, and IBP, inc. ("IBP"), all options granted by IBP and outstanding on September 28, 2001 (the date IBP merged with Lasso) converted into options to buy Issuer Class A common stock at a predetermined exchange rate. All options granted prior to the closing of the tender offer for IBP, inc vested on 7-23-01. |
(7) |
The stock options vest at 40% on 10-15-03 and 20% each year thereafter for 3 years. |
(8) |
The Stock Options vest at 40% on 10-10-04 and 20% each year thereafter for 3 years. |
(9) |
This Stock Options vest at 40% on 9-19-05 and 20% each year thereafter for three (3) years. |