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): September 8, 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)) |
Section 2 – Financial Information
Item 2.02 Results of Operations and Financial Condition.
On September 8, 2009, Smithfield Foods, Inc. held a public conference call to discuss its financial results for the first quarter of fiscal 2010, which ended August 2, 2009. The Company has included in the presentation EPS information adjusted for two significant charges because it uses, and believes that others may use, such information in comparing the Company's operating results from period to period. However, the items excluded in such calculation are significant components in understanding and assessing the Company's overall financial performance for the period covered. The transcript of the conference call is furnished herewith as Exhibit 99.1.
Section 9 – Financial Statements and Exhibits
Item 9.01 Financial Statements and Exhibits
(d) Exhibit 99.1 Transcript of earnings release conference call on September 8, 2009.
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: September 14, 2009 | /s/ Michael H. Cole | |
| | Michael H. Cole |
| | Vice President, Chief Legal Officer and Secretary |
EXHIBIT INDEX
| Exhibit 99.1 | Transcript of earnings release conference call on September 8, 2009. |
