|
Texas
(State
or other jurisdiction of
incorporation
or organization)
|
20-3940661
(I.R.S.
Employer
Identification
No.)
|
|
Donald
W. Brodsky
Baker
& Hostetler, LLP
1000
Louisiana, 20th
Floor
Houston,
Texas 77002
(713)
646-1335
|
Christopher
M. Abundis
Corporate
Counsel and Assistant Secretary
Swift
Energy Company
16825
Northchase Dr., Suite 400
Houston,
Texas 77060
(281)
874-2700
|
|
Large
accelerated filer þ
|
Accelerated
filer o
|
|
Non-accelerated
filer o (Do
not check if a smaller reporting company)
|
Smaller
reporting company o
|
|
Title
of
Securities
to be Registered
|
Amount
to
be
Registered(1)(2)
|
Proposed
Maximum
Offering
Price
per
Share(3)(4)
|
Proposed
Maximum
Aggregate
Offering
Price(3)(4)
|
Amount
of
Registration
Fee(4)
|
|
Common
Stock, $.01 par value per share(5)
|
200,000
shares
|
$18.54
|
$3,708,000
|
$145.72
|
|
(1)
|
Represents
200,000 additional shares issuable under the Swift Energy Company Employee
Stock Purchase Plan (the “Plan”).
|
|
(2)
|
Pursuant
to Rule 416 under the Securities Act of 1933, as amended (the “Securities
Act”), is deemed to include additional shares issuable under the terms of
the Plan to prevent dilution resulting from any future stock split, stock
dividend or similar transaction.
|
|
(3)
|
Estimated
solely for the purpose of calculating the registration
fee.
|
|
(4)
|
Calculated
pursuant to Rule 457(c) and (h). Accordingly, the price
per share of the common stock offered hereunder pursuant to the Plan is
based on 200,000 shares reserved for issuance under the Plan at a price
per share of $18.54, which is the average of the highest and lowest
selling price for the shares on the New York Stock Exchange on December
12, 2008.
|
|
(5)
|
Each
share of common stock is accompanied by a preferred share purchase right
pursuant to the Rights Agreement (as amended and restated as of March 31,
1999, and as further amended by Amendment No. 1 and Amendment No. 2 to
Rights Agreement dated December 12, 2005 and December 21, 2006,
respectively) between Swift Energy Company and American Stock Transfer
& Trust Company, as Rights
Agent.
|
|
Exhibit
Number
|
Description
|
|
|
5.1*
|
Opinion
of Counsel
|
|
|
23.1*
|
Consent
of Ernst & Young LLP
|
|
|
23.2
|
Consent
of Counsel (contained in Exhibit 5.1)
|
|
|
24.1
|
Powers
of Attorney (contained in the signature pages to this Registration
Statement)
|
|
SWIFT
ENERGY COMPANY
|
|||||
|
By:
|
/s/
Terry E. Swift
|
||||
|
Terry
E. Swift
Chief
Executive Officer and
Chairman
of the Board
|
|||||
|
Signature
|
Capacity
|
Date
|
||
|
/s/
Terry E. Swift
|
||||
|
Terry
E. Swift
|
Chief
Executive Officer (Principal Executive Officer) and Chairman of the
Board
|
December
17, 2008
|
||
|
/s/
Bruce H. Vincent
|
||||
|
Bruce
H. Vincent
|
President
and Director
|
December
17, 2008
|
||
|
/s/
Alton D. Heckaman, Jr.
|
||||
|
Alton
D. Heckaman, Jr.
|
Executive
Vice President and Chief Financial Officer
(Principal
Financial Officer)
|
December
17, 2008
|
||
|
/s/
David W. Wesson
|
||||
|
David
W. Wesson
|
Controller
(Principal Accounting Officer)
|
December
17, 2008
|
|
Signature
|
Capacity
|
Date
|
||
|
/s/
Raymond E. Galvin
|
||||
|
Raymond
E. Galvin
|
Vice-Chairman
of the Board
|
December
17, 2008
|
||
|
/s/
Deanna L. Cannon
|
||||
|
Deanna
L. Cannon
|
Director
|
December
17, 2008
|
||
|
/s/
Douglas J. Lanier
|
||||
|
Douglas
J. Lanier
|
Director
|
December
17, 2008
|
||
|
/s/
Greg Matiuk
|
||||
|
Greg
Matiuk
|
Director
|
December
17, 2008
|
||
|
/s/
Henry C. Montgomery
|
||||
|
Henry
C. Montgomery
|
Director
|
December
17, 2008
|
||
|
/s/
Clyde W. Smith, Jr.
|
||||
|
Clyde
W. Smith, Jr.
|
Director
|
December
17, 2008
|
||
|
/s/
Charles J. Swindells
|
||||
|
Charles
J. Swindells
|
Director
|
December
17, 2008
|
|
Exhibit
Number
|
Description
|
|
|
5.1*
|
Opinion
of Counsel
|
|
|
23.1*
|
Consent
of Ernst & Young LLP
|
|
|
23.2
|
Consent
of Counsel (contained in Exhibit 5.1)
|
|
|
24.1
|
Powers
of Attorney (contained in the signature pages to this Registration
Statement)
|