UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
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): June 25, 2009 |
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| SMITHFIELD FOODS, INC. |
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| | Virginia | | 1-15321 | | 52-0845861 | |
| | (State or other jurisdiction of incorporation) | | (Commission File Number) | | (IRS Employer Identification No.) | |
| | 200 Commerce Street Smithfield, Virginia | | 23430 | |
| | (Address of principal executive offices) | | (Zip Code) | |
| Registrant's telephone number, including area code: (757) 365-3000 |
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
| | o | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| | o | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| | o | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| | o | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Item 8.01. Other Events.
On June 25, 2009, Smithfield Foods, Inc. (the “Company”) issued a press release announcing that it plans to offer $500 million aggregate principal amount of senior secured notes due 2014 in a private offering to “qualified institutional buyers” as defined in Rule 144A under the Securities Act of 1933 (the “Securities Act”), and outside the United States pursuant to Regulation S under the Securities Act. In addition, the Company also announced that it will be arranging a new $1.0 billion asset-based credit facility, which will replace the Company’s existing U.S. revolving credit facility.
A copy of the press release is filed as Exhibit 99.1 to this current report on Form 8-K and incorporated in this Item 8.01 by reference.
Item 9.01. Financial Statements and Exhibits.
| | Exhibit 99.1 | Press release, dated June 25, 2009, announcing plans to offer senior secured notes and arrange a new asset-based credit facility. |
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.
| | SMITHFIELD FOODS, INC. |
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| Date: June 25, 2009 | /s/ Michael H. Cole | |
| | Michael H. Cole |
| | Vice President, Chief Legal Officer and Secretary |
EXHIBIT INDEX
| Exhibit 99.1 | Press release, dated June 25, 2009, announcing plans to offer senior secured notes and arrange a new asset-based credit facility. |
