FORM 4 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934 or Section 30(h) of the Investment Company Act of 1940 |
|
|||||||||||||||
Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b). |
1. Name and Address of Reporting Person*
(Street)
|
2. Issuer Name and Ticker or Trading Symbol
TYSON FOODS INC [ TSN ] |
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
|
||||||||||||||||||||||||
3. Date of Earliest Transaction
(Month/Day/Year) 10/03/2011 | ||||||||||||||||||||||||||
4. If Amendment, Date of Original Filed
(Month/Day/Year) |
6. Individual or Joint/Group Filing (Check Applicable Line)
|
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned | ||||||||||
---|---|---|---|---|---|---|---|---|---|---|
1. Title of Security (Instr. 3) | 2. Transaction Date (Month/Day/Year) | 2A. Deemed Execution Date, if any (Month/Day/Year) | 3. Transaction Code (Instr. 8) | 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) | 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) | 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 7. Nature of Indirect Beneficial Ownership (Instr. 4) | |||
Code | V | Amount | (A) or (D) | Price | ||||||
Class A Common Stock | 07/01/2011 | J(1) | V | 1,055 | A | $0 | 4,282 | I | Employee Stock Purchase Plan | |
Class A Common Stock | 07/01/2011 | J(2) | V | 3,971 | D | $0 | 311 | I | Employee Stock Purchase Plan | |
Class A Common Stock | 09/29/2011 | J(1) | V | 859 | A | $0 | 1,170 | I | Employee Stock Purchase Plan | |
Class A Common Stock | 07/01/2011 | J(2) | V | 3,971 | A | $0 | 115,389 | D | ||
Class A Common Stock | 08/16/2011 | G(3) | 1,000 | D | $0 | 114,389 | D | |||
Class A Common Stock | 09/15/2011 | J(4) | V | 236 | A | $0 | 114,625 | D | ||
Class A Common Stock | 10/04/2011 | M(7) | 17,730 | A | (7) | 132,355 | D | |||
Class A Common Stock | 10/04/2011 | S(7) | 5,931 | D | $17.1 | 126,424 | D |
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities) | |||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
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 Securities Underlying Derivative Security (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: Direct (D) or Indirect (I) (Instr. 4) | 11. Nature of Indirect Beneficial Ownership (Instr. 4) | ||||
Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||||||
Performance Shares | (5) | 10/03/2011 | A(5) | 12,961 | (5) | (5) | Class A Common Stock | 12,961 | $0 | 12,961 | D | ||||
Performance Shares | (6) | 09/28/2008 | 10/04/2011 | M(6) | 17,730 | (6) | 10/14/2011 | Class A Common Stock | 17,730 | (6) | 0 | D |
Explanation of Responses: |
1. Represents shares of the Issuer's Class A Common Stock purchased for the Reporting Person's account under the Issuer's Employee Stock Purchase Plan since the last Statement of Changes in Beneficial Ownership was filed by the Reporting Person. Such acquisitions are exempt from Section 16 reporting requirements pursuant to Rule 16b-3. |
2. The Reporting Person transferred shares from the Employee Stock Purchase Plan account into the Reporting Person's personal stock account thereby changing the ownership of the stock from Indirect to Direct. |
3. Shares given as a Charitable Donation. |
4. Represents shares of the Issuer's Class A Common Stock received by the Reporting Person on March 15, 2011, June 15, 2011, September 15, 2011 pursuant to a dividend reinvestment feature under Issuer's stock plan since the last Statement of Changes in Beneficial Ownership was filed by the Reporting Person. Such acquisitions are exempt from Section 16 reporting requirements pursuant to Rule 16a-11. |
5. The award will vest on or expire two business days following the Issuers 2014 fiscal year based upon a comparison of the market price of the Issuers Class A Common Stock to a peer group of publicly traded companies. The number of performance shares that can vest under the awards range from 50% to 150% of target level, and the number of derivative securities reported herein is at the maximum vesting level of 150%. |
6. On September 29, 2008, the Reporting Person received a grant of performance shares which vested on or expired on October 4, 2011. The performance shares were previously reported as derivative securities at the 150% level. On October 4, 2011, 17,730 share vested (150% level) and are reported herein as acquired non-derivative securities. |
7. On October 4, 2011, 17,730 shares of performance Class A Common Stock vested. The award of those performance shares to the Reporting Person has previously been reported (see Footnote #6). Pursuant to an election made by the Reporting Person, 5,931 shares were sold by the Reporting Person to the Issuer on October 4, 2011, to satisfy tax withholding obligations related to the vesting. |
David L. Van Bebber | 10/05/2011 | |
** Signature of Reporting Person | Date | |
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | ||
* 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). | ||
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. | ||
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 Number. |