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| TSN > SEC Filings for TSN > Form 8-K on 19-Feb-2009 | All Recent SEC Filings |
19-Feb-2009
Regulation FD Disclosure, Financial Statements and Exhibits
Tyson Foods, Inc. (the "Company") is disclosing under Item 7.01 of this Current Report on Form 8-K the information attached to this report as Exhibit 99.1, which information is incorporated herein by reference. This information, which has not been previously reported, will be provided to potential investors in a proposed debt financing.
The Company is furnishing the information in this Current Report on Form 8-K and in Exhibit 99.1 to comply with Regulation FD. Such information shall not be deemed to be "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, (the "Exchange Act"), or otherwise subject to the liabilities of that section, and shall not be deemed to be incorporated by reference into any of the Company's filings under the Securities Act of 1933, as amended, or the Exchange Act whether made before or after the date hereof and regardless of any general incorporation language in such filings, except to the extent expressly set forth by specific reference in such a filing.
Certain information contained in this Current Report on Form 8-K may constitute
forward-looking statements, such as statements relating to expected earnings and
results. These forward-looking statements are subject to a number of factors and
uncertainties which could cause our actual results and experiences to differ
materially from the anticipated results and expectations, expressed in such
forward-looking statements. We wish to caution readers not to place undue
reliance on any forward-looking statements, which speak only as of the date
made. Among the factors that may cause actual results and experiences to differ
from anticipated results and expectations expressed in such forward-looking
statements are the following: (i) fluctuations in the cost and availability of
inputs and raw materials, such as live cattle, live swine, feed grains
(including corn and soybean meal) and energy; (ii) market conditions for
finished products, including competition from other global and domestic food
processors, supply and pricing of competing products and alternative proteins
and demand for alternative proteins; (iii) successful rationalization of
existing facilities and operating efficiencies of the facilities; (iv) risks
associated with our commodity trading risk management activities; (v) access to
foreign markets together with foreign economic conditions, including currency
fluctuations, import/export restrictions and foreign politics; (vi) outbreak of
a livestock disease (such as avian influenza (AI) or bovine spongiform
encephalopathy (BSE)), which could have an effect on livestock we own, the
availability of livestock we purchase, consumer perception of certain protein
products or our ability to access certain domestic and foreign markets; (vii)
changes in availability and relative costs of labor and contract growers and our
ability to maintain good relationships with employees, labor unions, contract
growers and independent producers providing us livestock; (viii) issues related
to food safety, including costs resulting from product recalls, regulatory
compliance and any related claims or litigation; (ix) changes in consumer
preference and diets and our ability to identify and react to consumer trends;
(x) significant marketing plan changes by large customers or loss of one or more
large customers; (xi) adverse results from litigation; (xii) risks associated
with leverage, including cost increases due to rising interest rates or changes
in debt ratings or outlook; (xiii) compliance with and changes to regulations
and laws (both domestic and foreign), including changes in accounting standards,
tax laws, environmental laws and occupational, health and safety laws; (xiv) our
ability to make effective acquisitions or joint ventures and successfully
integrate newly acquired businesses into existing operations; (xv)
(d) Exhibits (furnished solely for purposes of Item 7.01 of this Form 8-K)
Exhibit
Number
99.1 Certain information provided to potential investors in proposed debt financing
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