-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, RyoY+9kDncdoBzt3cUeM0EVu++q3eMtrLNt3XI9X9Hs+xRcJsVOBFtt0gQyLPpux ZUHbDKDHy+pt/aJDZOhXdA== 0000943440-05-000290.txt : 20050801 0000943440-05-000290.hdr.sgml : 20050801 20050801154701 ACCESSION NUMBER: 0000943440-05-000290 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20050801 ITEM INFORMATION: Entry into a Material Definitive Agreement ITEM INFORMATION: Termination of a Material Definitive Agreement ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20050801 DATE AS OF CHANGE: 20050801 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PETMED EXPRESS INC CENTRAL INDEX KEY: 0001040130 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-DRUG STORES AND PROPRIETARY STORES [5912] IRS NUMBER: 650680967 STATE OF INCORPORATION: FL FISCAL YEAR END: 0330 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-28827 FILM NUMBER: 05988306 BUSINESS ADDRESS: STREET 1: 1441 SW 29 AVENUE CITY: POMPANO BEACH STATE: FL ZIP: 33069 BUSINESS PHONE: 9549794788 MAIL ADDRESS: STREET 1: 1441 SW 29 AVENUE CITY: POMPANO BEACH STATE: FL ZIP: 33069 8-K 1 aug105-8k.txt 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): August 1, 2005 -------------- PETMED EXPRESS, INC. ---------------------------------------------------- (Exact name of registrant as specified in its charter) Commission file number 000-28827 --------- FLORIDA 65-0680967 --------------------------- ------------ (State or other jurisdiction (IRS Employer of incorporation or organization) Identification No.) 1441 S.W. 29th Avenue, Pompano Beach, Florida 33069 - --------------------------------------------- -------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (954) 979-5995 -------------- Not Applicable ----------------------------------------------------------- (Former name or former address, if changed since last report) Check the appropriate box below if the Form 8-K is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions: [ ] Written communications pursuant to Rule 425 under the Securities Act [ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act [ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act [ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act Item 1.01 Entry into a Material Definitive Agreement Item 1.02 Termination of a Material Definitive Agreement On August 1, 2005, the Company and Marc Puleo, M.D. mutually agreed to terminate his Executive Employment Agreement. Dr. Puleo will no longer serve as the Company's President. He will remain employed by the Company at his current salary of $150,000. His current position as Chairman of the Board of Directors (and as a director), remains unaffected by this agreement. Dr. Puleo will continue to assist the Company with its marketing efforts and media buying. Menderes Akdag, the Company's Chief Executive Officer will assume the role as the Company's President. A copy of this Executive Employment Termination Agreement is attached hereto as Exhibit 10.13 and is incorporated herein by reference. Item 9.01 Financial Statements and Exhibits (c) Exhibits 10.13 Marc Puleo, M.D. Executive Employment Termination Agreement 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. PETMED EXPRESS, INC. (The "Registrant") Date: August 1, 2005 By: /s/ Menderes Akdag --------------------------- Menderes Akdag Chief Executive Officer and President (principal executive officer) By: /s/ Bruce S. Rosenbloom ---------------------------- Bruce S. Rosenbloom Chief Financial Officer (principal financial and accounting officer) EXHIBIT INDEX Exhibit No. Description 10.13 Marc Puleo, M.D. Executive Employment Termination Agreement EX-10.13 2 aug1058k-ex1013.txt EXHIBIT 10.13 August 1, 2005 Marc Puleo, M.D. PetMed Express, Inc. 1441 SW 29th Avenue Pompano Beach, FL 33069 Dear Marc: Effective as of the date of this letter, this will confirm the following: *the agreement between you and PetMed Express, Inc. (the "Company"), including, but not limited to: Executive Employment Agreement dated May 15, 1997; Amendment to Executive Employment Agreement, dated May 15, 1997; Executive Employment Agreement, dated May 1, 1998; Amended and Restated Executive Employment Agreement, dated May 1, 1998; Second Amended and Restated Executive Employment Agreement, dated May 1, 2000; Amendment to Second Amended and Restated Executive Employment Agreement, dated November 8, 2000, is hereby terminated; *there are no outstanding payments of any kind due or owed to you as a result of any employment agreements, including but not limited to, the above-mentioned agreements; *you will no longer serve in the position of President of the Company; *you agree that all severance benefits will be terminated in exchange for you remaining employed at the Company as an at-will employee, at your current salary of $150,000, and with all current health benefits remaining unchanged; *your current position as Chairman of the Board of Directors (and as a director) remains unaffected by this agreement; and *any options referred to in any of the above stated employment agreements likewise remain unaffected by this agreement. IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of August 1, 2005. PETMED EXPRESS, INC.: /s/ Marc Puleo, M.D. /s/ Mendo Akdag - -------------------------- ------------------------ MARC PULEO, M.D. By: MENDO AKDAG /s/ Alison Berges /s/ Bruce S. Rosenbloom - -------------------------- ------------------------- Witness Witness 10.13 Page 1 - 1 -----END PRIVACY-ENHANCED MESSAGE-----