UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 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): November 13, 2006

 

Tyson Foods, Inc.

(Exact name of Registrant as specified in its charter)

 

Delaware

(State of incorporation or organization)

 

001-14704

(Commission File Number)

 

71-0225165

(IRS Employer Identification No.)

 

2210 West Oaklawn Drive, Springdale, AR 72762-6999

(479) 290-4000

(Address, including zip code, and telephone number, including area code, of

Registrant’s principal executive offices)

 

Not applicable

(Former name, former address and former fiscal year, if applicable)

 

___________________________________

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 2.02 Results of Operations and Financial Condition

On November 13, 2006, the Company issued a press release announcing its unaudited results of operations for the fourth quarter and fiscal year ended September 30, 2006. In addition, the Company stated it is nearing the completion of its previously announced review of its tax balances. The press release is furnished herewith as Exhibit 99.1 and incorporated by reference herein.

 

Limitation on Incorporation by Reference

 

In accordance with general instruction B.2 of Form 8-K, the information in this report, including exhibits, is furnished pursuant to Items 2.02 and 9.01 and shall not be deemed “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, or otherwise subject to the liability of that section.

Item 9.01. Financial Statements and Exhibits

 

(c)

Exhibits

 

Exhibit
Number

Description

99.1

Press Release, dated November 13, 2006, announcing the unaudited results of operations of Tyson Foods, Inc. for its fourth quarter and fiscal year ended September 30, 2006.

 

SIGNATURE

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.

 

TYSON FOODS, INC.

 

Date: November 13, 2006

 

By:

/s/ Wade Miquelon

 

 

 

 

 

 

Name:

Wade Miquelon

 

 

Title:

Executive Vice President and

 

 

 

Chief Financial Officer

 

Tyson Foods, Inc.

Current Report On Form 8-K

Dated November 13, 2006

 

EXHIBIT INDEX

 

Exhibit
Number

Description

99.1

Press Release, dated November 13, 2006, announcing the unaudited results of operations of Tyson Foods, Inc. for its fourth quarter and fiscal year ended September 30, 2006.