-----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, M9Sk63iZx52xya2lOcWu5qYH6Xdov2qoRcNop3pGOXk9avnkrV3p7idlXVZk1dAw 3YSqoyztCII4nN3FKyJFrw== 0001008886-02-000003.txt : 20020414 0001008886-02-000003.hdr.sgml : 20020414 ACCESSION NUMBER: 0001008886-02-000003 CONFORMED SUBMISSION TYPE: SC 13G/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20020212 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: SWIFT TRANSPORTATION CO INC CENTRAL INDEX KEY: 0000863557 STANDARD INDUSTRIAL CLASSIFICATION: TRUCKING (NO LOCAL) [4213] IRS NUMBER: 860666860 STATE OF INCORPORATION: NV FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-41508 FILM NUMBER: 02536279 BUSINESS ADDRESS: STREET 1: 2200 SOUTH 75TH AVENUE CITY: PHOENIX STATE: AZ ZIP: 85043 BUSINESS PHONE: 6022699700 MAIL ADDRESS: STREET 1: 2200 SOUTH 75TH AVENUE CITY: PHOENIX STATE: AZ ZIP: 85043 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: MOYES CHILDRENS LIMITED PARTNERSHIP CENTRAL INDEX KEY: 0001140254 IRS NUMBER: 861003342 FILING VALUES: FORM TYPE: SC 13G/A BUSINESS ADDRESS: STREET 1: 4001 NORTH THIRD STREET STREET 2: SUITE 400 CITY: PHOENIX STATE: AZ ZIP: 85012 MAIL ADDRESS: STREET 1: 4001 NORTH THIRD STREET STREET 2: SUITE 400 CITY: PHOENIX STATE: AZ ZIP: 85012 SC 13G/A 1 form13ga.txt SWIFT TRANSPORTATION FORM 13G/A 2/12/02 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G/A Under the Securities Exchange Act of 1934 (Amended No. 1)* SWIFT TRANSPORTATION CO., INC. - -------------------------------------------------------------------------------- (Name of Issuer) - -------------------------------------------------------------------------------- Common Stock $.001 par value (Title of Class of Securities) 870756103 - -------------------------------------------------------------------------------- (CUSIP Number) December 31, 2001 - -------------------------------------------------------------------------------- (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant to which this Schedule is filed: [ ] Rule 13d-1(b) [X] Rule 13d-1(c) [ ] Rule 13d-1(d) *The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page. The information required in the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes). Page 1 of 5 pages CUSIP No. 870756103 - -------------------------------------------------------------------------------- 1. Name of Reporting Persons. I.R.S. Identification Nos. of above persons. Moyes Children's Limited Partnership - -------------------------------------------------------------------------------- 2. Check the Appropriate Box if a Member of a Group (a) [ ] (b) [ ] - -------------------------------------------------------------------------------- 3. SEC Use Only - -------------------------------------------------------------------------------- 4. Citizenship or Place of Organization Arizona - ---------------------- --------------------------------------------------------- Number of 5. Sole Voting Power 8,995,832* Shares Bene- ---------------------------------------------------------------- ficially 6. Shared Voting Power 0 Owned by Each ---------------------------------------------------------------- Reporting 7. Sole Dispositive Power 8,995,832* Person With: ---------------------------------------------------------------- 8. Shared Dispositive Power 0 - ---------------------- --------------------------------------------------------- 9. Aggregate Amount Beneficially Owned by Each Reporting Person 8,995,832* - -------------------------------------------------------------------------------- 10. Check if the Aggregate Amount in Row (9) Excludes Certain Shares [ ] - -------------------------------------------------------------------------------- 11. Percent of Class Represented by Amount in Row (9) 10.6% - -------------------------------------------------------------------------------- 12. Type of Reporting Person PN - -------------------------------------------------------------------------------- *Shares reported represent the aggregate of two separate capital contributions made to the Moyes Children's Limited Partnership. The first contribution, in the amount of 6,884,540 shares, was made on March 19, 2001. The second contribution, in the amount of 2,111,292 shares, was made on April 19, 2001. The shares were contributed by seven different trusts for the benefit of six of the children of Jerry and Vickie Moyes as follows: Michael J. Moyes Irrevocable Trust dated 12/30/85 (479,900.5 shares); Chris Moyes Irrevocable Trust dated 12/30/85 (479,900.5 shares); Todd Moyes Irrevocable Trust dated 12/30/85 (479,900.5 shares); Hollie Moyes Irrevocable Trust dated 12/30/85 (479,900.5 shares); Lyndee Marie Moyes Irrevocable Trust dated 12/30/85 (434,900.5 shares); Marti Lyn Moyes Irrevocable Trust dated 12/30/85 ((3/19/01 - 399,917.5 shares) (4/19/01 - 46,233 shares)); and The Moyes Irrevocable Trust dated 12/29/87 ((3/19/01 - 4,130,120 shares) (4/19/01 - 2,065,059 shares)). The trusts own 99% of the equity interest in the Moyes Children's Limited Partnership. Ronald Moyes is the trustee of each of the seven trusts and the sole general partner and owner of 1% of the equity interest in the Moyes Children's Limited Partnership. Ronald Moyes disclaims beneficial ownership of the shares owned by the Moyes Children's Limited Partnership, except to the extent of his pecuniary interest therein. On May 8, 2001, the Moyes Children's Limited Partnership entered into a variable prepaid forward contract with an unaffiliated third party pursuant to which 1,300,000 shares were pledged. The variable prepaid forward contract has a term of three (3) years. At the expiration of the variable prepaid forward contract, the Moyes Children's Limited Partnership must deliver an agreed settlement amount, which may be paid in cash, shares or a combination of the two. The Moyes Children's Limited Partnership does not disclaim beneficial ownership (as defined in Rule 13d-3 promulgated under the Act) of the 1,300,000 shares that are the subject of the variable prepaid forward contract. Page 2 of 5 pages Item 1(a) Name of Issuer: Swift Transportation Co., Inc. Item 1(b) Address of Issuer's Principal Executive Offices: 2200 South 75th Avenue Phoenix, AZ 85043 Item 2(a) Name of Person Filing: Moyes Children's Limited Partnership Item 2(b) Address of Principal Business Office or, if none, Residence: 4001 North Third Street, Suite 400 Phoenix, AZ 85012 Item 2(c) Citizenship: Arizona Item 2(d) Title of Class of Securities: common stock $.001 par value Item 2(e) CUSIP Number: 870756103 Item 3. If this statement is filed pursuant to sections 240.13d-1(b) or 240.13d-2(b) or (c), check whether the person filing is a: (a) [ ] Broker or dealer registered under section 15 of the Act (15 U.S.C. 78o); (b) [ ] Bank as defined in section 3(a)(6) of the Act (15 U.S.C. 78c); (c) [ ] Insurance company as defined in section 3(a)(19) of the Act (15 U.S.C. 78c); (d) [ ] Investment company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8); (e) [ ] An investment adviser in accordance with section 240.13d-1(b)(1)(ii)(E); (f) [ ] An employee benefit plan or endowment fund in accordance with section 240.13d-1(b)(1)(ii)(F); (g) [ ] A parent holding company or control person in accordance with section 240.13d-1(b)(1)(ii)(G); (h) [ ] A savings association as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813); (i) [ ] A church plan that is excluded from the definition of an investment company under section 3(c)(14) of the Investment Company Act of 1940 (15 U.S.C. 80a-3); (j) [ ] Group, in accordance with section 240.13d-1(b)(1)(ii)(J). Not Applicable Page 3 of 5 pages Item 4. Ownership. Provide the following information regarding the aggregate number and percentage of the class of securities of the issuer identified in Item 1. (a) Amount beneficially owned: 8,995,832.* (b) Percent of class: 10.6%. (c) Number of shares as to which the person has: (i) Sole power to vote or to direct the vote 8,995,832.* (ii) Shared power to vote or to direct the vote 0. (iii) Sole power to dispose or to direct the disposition of 8,995,832.* (iv) Shared power to dispose or to direct the disposition of 0. *Shares reported represent the aggregate of two separate capital contributions made to the Moyes Children's Limited Partnership. The first contribution, in the amount of 6,884,540 shares, was made on March 19, 2001. The second contribution, in the amount of 2,111,292 shares, was made on April 19, 2001. The shares were contributed by seven different trusts for the benefit of six of the children of Jerry and Vickie Moyes as follows: Michael J. Moyes Irrevocable Trust dated 12/30/85 (479,900.5 shares); Chris Moyes Irrevocable Trust dated 12/30/85 (479,900.5 shares); Todd Moyes Irrevocable Trust dated 12/30/85 (479,900.5 shares); Hollie Moyes Irrevocable Trust dated 12/30/85 (479,900.5 shares); Lyndee Marie Moyes Irrevocable Trust dated 12/30/85 (434,900.5 shares); Marti Lyn Moyes Irrevocable Trust dated 12/30/85 ((3/19/01 - 399,917.5 shares) (4/19/01 - 46,233 shares)); and The Moyes Irrevocable Trust dated 12/29/87 ((3/19/01 - 4,130,120 shares) (4/19/01 - 2,065,059 shares)). The trusts own 99% of the equity interest in the Moyes Children's Limited Partnership. Ronald Moyes is the trustee of each of the seven trusts and the sole general partner and owner of 1% of the equity interest in the Moyes Children's Limited Partnership. Ronald Moyes disclaims beneficial ownership of the shares owned by the Moyes Children's Limited Partnership, except to the extent of his pecuniary interest therein. On May 8, 2001, the Moyes Children's Limited Partnership entered into a variable prepaid forward contract with an unaffiliated third party pursuant to which 1,300,000 shares were pledged. The variable prepaid forward contract has a term of three (3) years. At the expiration of the variable prepaid forward contract, the Moyes Children's Limited Partnership must deliver an agreed settlement amount, which may be paid in cash, shares or a combination of the two. The Moyes Children's Limited Partnership does not disclaim beneficial ownership (as defined in Rule 13d-3 promulgated under the Act) of the 1,300,000 shares that are the subject of the variable prepaid forward contract. Item 5. Ownership of Five Percent or Less of a Class. If this statement is being filed to report the fact that as of the date hereof the reporting person has ceased to be the beneficial owner of more than five percent of the class of securities, check the following 9. Not Applicable Item 6. Ownership of More than Five Percent on Behalf of Another Person. Not Applicable Page 4 of 5 Item 7. Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on By the Parent Holding Company. Not Applicable Item 8. Identification and Classification of Members of a Group. Not Applicable Item 9. Notice of Dissolution of Group. Not Applicable Item 10. Certifications. SIGNATURE By signing below I certify that, to the best of my knowledge and belief, the securities referred to above were not acquired and are not held for the purpose of or with the effect of changing or influencing the control of the issuer of the securities and were not acquired and are not held in connection with or as a participant in any transaction having that purpose or effect. February 12, 2002 ----------------- (Date) /s/ William J. Strait --------------------- (Signature) Ronald Moyes, as general partner of the Moyes Children's Limited Partnership, by William J. Strait, attorney-in-fact, pursuant to a Power of Attorney previously filed with the Commission and incorporated herein by this reference (Name/Title) Page 5 of 5 pages -----END PRIVACY-ENHANCED MESSAGE-----