SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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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 14, 2002
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SMITHWAY MOTOR XPRESS CORP.
(Exact name of registrant as specified in its charter)
Nevada 000-20793 42-1433844
(State or other jurisdiction (Commission file number) (IRS employer
of incorporation or identification
organization) number)
2031 Quail Avenue
Fort Dodge, Iowa 50501
(Address, including zip code, of registrant's
principal executive offices)
(515) 576-7418
(Registrant's telephone number,
including area code)
ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS.
(c) Exhibits.
EXHIBIT
NUMBER EXHIBIT TITLE
99.1 Certification pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 by
the Chief Executive Officer.
99.2 Certification pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 by
the Chief Financial Officer.
ITEM 9. REGULATION FD DISCLOSURE.
On August 14, 2002, Smithway Motor Xpress Corp., a Nevada corporation (the
"Company"), filed its Quarterly Report on Form 10-Q for the quarter ended June
30, 2002, with the Securities and Exchange Commission. Accompanying the
Quarterly Report submission as correspondence were the certifications of the
Company's Chief Executive Officer, William G. Smith, and Chief Financial
Officer, G. Larry Owens, pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, to be codified at 18 U.S.C. Section 1350.
The certifications attached as exhibits hereto are being furnished solely
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and are not being
filed as part of the Company's Quarterly Report on Form 10-Q for the quarter
ended June 30, 2002, or as a separate disclosure document. The information
included in this Current Report on Form 8-K (including the exhibits hereto) is
furnished pursuant to Item 9 and shall not be deemed to be "filed" for the
purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or
otherwise subject to the liabilities of that Section or Sections 11 and 12(a)(2)
of the Securities Act of 1933, as amended.
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.
SMITHWAY MOTOR XPRESS CORP.
Date: August 14, 2002 By: /s/ G. Larry Owens
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G. Larry Owens, Executive Vice
President, Chief Operating Officer, and
Chief Financial Officer
EXHIBIT INDEX
99.1 Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 by the Chief
Executive Officer.
99.2 Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 by the Chief
Financial Officer.