Registration No. _________
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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FORM S-8
REGISTRATION STATEMENT
Under The Securities Act of 1933
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TYSON FOODS, INC.
(Exact name of Registrant as specified in its charter)
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Delaware 71-0225165
(State or other jurisdiction of (IRS Employer Identification No.)
Incorporation or organization)
2210 West Oaklawn Drive
Springdale, Arkansas 72762-6999
(501) 290-4000
(Address of Principal Executive Offices)
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TYSON FOODS, INC.
AMENDED AND RESTATED NONSTATUTORY
STOCK OPTION PLAN
(full title of the plan)
------------------------
Leland Tollett Copies of Communications to:
2210 West Oaklawn Drive Les R. Baledge
Springdale, Arkansas 72762-6999 Rose Law Firm
(501) 290-4000 a Professional Association
(Name, address, including zip code, 120 East Fourth Street
and telephone number, including Little Rock, Arkansas 72201
area code, of agent for service) (501) 375-9131
CALCULATION OF REGISTRATION FEE
Proposed Proposed
Maximum Maximum
Title of Amount to Offering Aggregate Amount of
Securities be Price Per Offering Registration
to be Registered Share Price Fee
Registered
Class A
Common 4,000,000
Stock (par Shares(1) $22.25 (2) $89,000,000 (2) $30,689.66
value $.10)
(1) In connection with the referenced Plan, 1,500,000
shares of Class A Common Stock were previously registered
with the Commission on a Form S-8 Registration Statement
(No. 33-53026) filed on October 8, 1992.
(2) Calculated pursuant to Rule 457(h) based upon the average
of the high and low sales price per share of Class A Common Stock
of the Company on January 23, 1995.
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PARTS I AND II
INFORMATION REQUIRED IN THE SECTION 10(A) PROSPECTUS AND
INFORMATION REQUIRED IN THE REGISTRATION STATEMENT
On October 8, 1992, Tyson Foods, Inc. (the "Company") filed a
registration statement on Form S-8 (No. 33-53026) relating to 1,500,000
shares of the Company's Class A common stock, $.10 par value ("Common
Stock") to be issued pursuant to the Tyson Foods, Inc. Amended and Restated
Nonstatutory Stock Option Plan (the "Plan"). This registration statement
relates to the registration of additional shares of Common Stock to be
issued pursuant to the Plan in accordance with Instruction E to Form S-8.
The securities to which this registration statement relates are the same
class as, and are issued under the same employee benefit plan as, the
securities previously registered in registration statement No. 33-53026.
Except for Part II, Item 8 set forth below, the contents of registration
statement No. 33-53026 are incorporated by reference herein.
Part II, Item 8. Exhibits
Exhibit No. Description of Exhibit
- ----------- ----------------------
(5) Opinion of Rose Law Firm, a Professional Association
(23a) Consent of Rose Law Firm, a Professional Association
(included as part of Exhibit 5)
(23b) Consent of Ernst & Young LLP Independent Auditors
(99) Tyson Foods, Inc. Amended and Restated Non-Statutory Stock
Option Plan
3
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the
registrant certifies that it has reasonable grounds to believe that it
meets all of the requirements for filing on Form S-8 and has duly caused
this registration statement to be signed on its behalf by the undersigned,
thereunto duly authorized, in the City of Springdale, State of Arkansas, on
the 30th day of January, 1995.
TYSON FOODS, INC.
(Registrant)
By: /s/ Gerald Johnston
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Gerald Johnston,
Executive Vice President, Finance
Pursuant to the requirements of the Securities Act of 1933, this
registration statement has been signed by the following persons in the
capacities and on the dates indicated.
Signature Title Date
--------- ----- ----
/s/ Don Tyson Senior Chairman and January 30, 1995
- -------------------- Chairman of the Board
Don Tyson
/s/ Leland Tollett President, Chief January 30, 1995
- ------------------- Executive Officer
Leland Tollett and Director
/s/ Gerald Johnston Executive Vice January 30, 1995
- -------------------- President, Finance
Gerald Johnston (Principal Financial
Officer)
/s/ John H. Tyson President, Beef and January 30, 1995
- -------------------- Pork Division and
John H. Tyson Director
/s/ Shelby D. Massey Director January 30, 1995
- --------------------
Shelby D. Massey
/s/ Joe F. Starr Director January 30, 1995
- --------------------
Joe F. Starr
/s/ Neely Cassady Director January 30, 1995
- --------------------
Neely Cassady
/s/ Fred S. Vorsanger Director January 30, 1995
- ---------------------
Fred S. Vorsanger
/s/ Barbara Tyson Director January 30, 1995
- --------------------
Barbara Tyson
/s/ Lloyd V. Hackley Director January 30, 1995
- --------------------
Lloyd V. Hackley
/s/ Donald E. Wray Chief Operating January 30, 1995
- -------------------- Officer and
Donald E. Wray Director
/s/ Gary Johnson Corporate Controller January 30, 1995
- -------------------- (Chief Accounting
Gary Johnson Officer)
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INDEX TO EXHIBITS
EXHIBIT
NUMBER DESCRIPTION OF DOCUMENT
- ------- -----------------------
(5) Opinion of Rose Law Firm, a Professional Association
(23a) Consent of Rose Law Firm, a Professional Association
(included as part of Exhibit 5)
(23b) Consent of Ernst & Young LLP Independent Auditors
(99) Tyson Foods, Inc. Amended and Restated Non-Statutory Stock
Option Plan
5