-----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, L8pArUNvH3/SDrCFhxXETAvp6gsBX8R3pB3KP4wEIdAbe4sgnFSAwtvDpNcXaWMD UMGVYCc4PcfcTmJ5u7+XEw== 0000950134-02-009447.txt : 20020812 0000950134-02-009447.hdr.sgml : 20020812 20020812114102 ACCESSION NUMBER: 0000950134-02-009447 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20020809 ITEM INFORMATION: Financial statements and exhibits ITEM INFORMATION: FILED AS OF DATE: 20020812 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ARKANSAS BEST CORP /DE/ CENTRAL INDEX KEY: 0000894405 STANDARD INDUSTRIAL CLASSIFICATION: TRUCKING (NO LOCAL) [4213] IRS NUMBER: 710673405 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-19969 FILM NUMBER: 02726103 BUSINESS ADDRESS: STREET 1: 3801 OLD GREENWOOD RD CITY: FORT SMITH STATE: AR ZIP: 72903 BUSINESS PHONE: 5017856000 MAIL ADDRESS: STREET 1: P O BOX 48 CITY: FORT SMITH STATE: AR ZIP: 72902 8-K 1 d98978e8vk.txt FORM 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549-1004 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): August 12, 2002 (August 9, 2002) ARKANSAS BEST CORPORATION (Exact name of registrant as specified in its charter) Delaware 0-19969 71-0673405 - ---------------------------- --------------------- -------------------- (State or other (Commission (IRS Employer jurisdiction of File Number) Identification No.) incorporation or organization) 3801 Old Greenwood Road Fort Smith, Arkansas 72903 (479) 785-6000 - -------------------------------------------------------------------------------- (Address, including zip code, and telephone number, including area code, of the registrant's principal executive offices) ITEM 9. REGULATION FAIR DISCLOSURE. Arkansas Best Corporation ("the Company") has filed with the Securities and Exchange Commission ("SEC"), the statements made under oath by Robert A. Young III, President and Chief Executive Officer of the Company and David E. Loeffler, Vice President - Chief Financial Officer and Treasurer of the Company, pursuant to Order 4-460 with regard to facts and circumstances relating to certain Exchange Act filings of the Company, pursuant to Section 21(a)(1) of the Securities Exchange Act of 1934. ITEM 7. EXHIBITS 99.1 Statement of Chief Executive Officer pursuant to SEC Order 4-460 99.2 Statement of Chief Financial Officer pursuant to SEC Order 4-460 SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. ARKANSAS BEST CORPORATION (Registrant) Date: August 12, 2002 /s/ David E. Loeffler ----------------- --------------------------------------- David E. Loeffler, Vice President - Chief Financial Officer and Treasurer EX-99.1 3 d98978exv99w1.txt STATEMENT OF CHIEF EXECUTIVE OFFICER EXHIBIT 99.1 STATEMENT UNDER OATH OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER REGARDING FACTS AND CIRCUMSTANCES RELATING TO EXCHANGE ACT FILINGS I, Robert A. Young III, President and Chief Executive Officer of Arkansas Best Corporation, state and attest that: (1) To the best of my knowledge, based upon a review of the covered reports of Arkansas Best Corporation, and, except as corrected or supplemented in a subsequent covered report: o no covered report contained an untrue statement of a material fact as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed); and o no covered report omitted to state a material fact necessary to make the statements in the covered report, in light of the circumstances under which they were made, not misleading as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed). (2) I have reviewed the contents of this statement with the audit committee of Arkansas Best Corporation. (3) In this statement under oath, each of the following, if filed on or before the date of this statement, is a "covered report": o Annual Report on Form 10-K for fiscal year ended December 31, 2001 of Arkansas Best Corporation; o all reports on Form 10-Q, all reports on Form 8-K and all definitive proxy materials of Arkansas Best Corporation filed with the Commission subsequent to the filing of the Form 10-K identified above; and o any amendments to any of the foregoing. Subscribed and sworn to /s/ Robert A. Young III before me this 9th day of - ------------------------------------- August 2002. Robert A. Young III President and Chief Executive Officer /s/ Diane White ------------------------------------ August 9, 2002 Notary Public - ------------------------------------- Date My Commission Expires: June 21, 2010 ------------------------------------ EX-99.2 4 d98978exv99w2.txt STATEMENT OF CHIEF FINANCIAL OFFICER EXHIBIT 99.2 STATEMENT UNDER OATH OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER REGARDING FACTS AND CIRCUMSTANCES RELATING TO EXCHANGE ACT FILINGS I, David E. Loeffler, Vice President - Chief Financial Officer and Treasurer of Arkansas Best Corporation, state and attest that: (1) To the best of my knowledge, based upon a review of the covered reports of Arkansas Best Corporation, and, except as corrected or supplemented in a subsequent covered report: o no covered report contained an untrue statement of a material fact as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed); and o no covered report omitted to state a material fact necessary to make the statements in the covered report, in light of the circumstances under which they were made, not misleading as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed). (2) I have reviewed the contents of this statement with the audit committee of Arkansas Best Corporation. (3) In this statement under oath, each of the following, if filed on or before the date of this statement, is a "covered report": o Annual Report on Form 10-K for fiscal year ended December 31, 2001 of Arkansas Best Corporation; o all reports on Form 10-Q, all reports on Form 8-K and all definitive proxy materials of Arkansas Best Corporation filed with the Commission subsequent to the filing of the Form 10-K identified above; and o any amendments to any of the foregoing. Subscribed and sworn to /s/ David E. Loeffler before me this 9th day of - -------------------------------------- August 2002. David E. Loeffler Vice President - Chief Financial Officer and Treasurer /s/ Diane White ------------------------------------ August 9, 2002 Notary Public - -------------------------------------- Date My Commission Expires: June 21, 2010 ------------------------------------ -----END PRIVACY-ENHANCED MESSAGE-----