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UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940 |
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Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | |||
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. | SEC 1474 (9-02) |
1. Title of Derivative Security (Instr. 3) |
2. Conversion or Exercise Price of Derivative Security | 3. Transaction Date (Month/Day/Year) | 3A. Deemed Execution Date, if any (Month/Day/Year) | 4. Transaction Code (Instr. 8) |
5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4, and 5) |
6. Date Exercisable and Expiration Date (Month/Day/Year) |
7. Title and Amount of Underlying Securities (Instr. 3 and 4) |
8. Price of Derivative Security (Instr. 5) |
9. Number of Derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) |
10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4) |
11. Nature of Indirect Beneficial Ownership (Instr. 4) |
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Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||||||
Warrants | $ 0.01 | 04/16/2009 | M(1) | 8,000,000 | 10/21/2008 | 10/20/2012 | Common Stock | 8,000,000 | $ 0.01 | 0 | D |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
TYSON FOODS INC 2200 DON TYSON PARKWAY SPRINGDALE, AR 72762 |
X | |||
TYSON LIMITED PARTNERSHIP 2200 DON TYSON PARKWAY SPRINGDALE, AR 72762 |
X | |||
TYSON DONALD J 2200 DON TYSON PARKWAY SPRINGDALE, AR 72762 |
X |
By: by: R. Read Hudson, Vice President, Assoc. General Counsel and Secretary | 04/17/2009 | |
**Signature of Reporting Person | Date | |
By: Donald J. Tyson, Managing General Partner for | 04/17/2009 | |
**Signature of Reporting Person | Date | |
/s/ Tyson, Donald J. | 04/17/2009 | |
**Signature of Reporting Person | Date |
* | If the form is filed by more than one reporting person, see Instruction 4(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) | On April 16, 2009, Tyson Foods, Inc. ("Tyson") exercised the Warrants granted on October 21, 2008 to purchase 8,000,000 shares of the issuer's common stock at the purchase price of $0.01 per share. The Warrants are owned directly by Tyson and may be deemed to be beneficially owned (i) by the Tyson Limited Partnership ("TLP") which has 69.76% of the voting rights in Tyson and (ii) by Donald J. Tyson who has approximately 54% combined interest as a general and limited partner in the TLP and therefore the TLP and Donald J. Tyson have an indirect beneficial ownership in the common stock held by Tyson. The TLP and Donald J. Tyson disclaim any beneficial ownership in the common stock held by Tyson. |