-----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, TZnlR+uBLeBlrvHIN+gNYyizOf+J85ik4aj1gE01JDWtRXfOWPdWBhxaui2C3PLn d+kt+rW9o7qiZoBPsIQ0/Q== 0000950134-08-000647.txt : 20080116 0000950134-08-000647.hdr.sgml : 20080116 20080116125605 ACCESSION NUMBER: 0000950134-08-000647 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20080114 ITEM INFORMATION: Entry into a Material Definitive Agreement ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20080116 DATE AS OF CHANGE: 20080116 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Cinemark Holdings, Inc. CENTRAL INDEX KEY: 0001385280 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-MOTION PICTURE THEATERS [7830] IRS NUMBER: 205490327 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-33401 FILM NUMBER: 08532925 BUSINESS ADDRESS: STREET 1: 3900 DALLAS PARKWAY STREET 2: SUITE 500 CITY: PLANO STATE: TX ZIP: 75093 BUSINESS PHONE: (972) 665-1000 MAIL ADDRESS: STREET 1: 3900 DALLAS PARKWAY STREET 2: SUITE 500 CITY: PLANO STATE: TX ZIP: 75093 8-K 1 d53110e8vk.htm FORM 8-K e8vk
 

 
 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 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): January 14, 2008
Cinemark Holdings, Inc.
(Exact Name of Registrant as Specified in Charter)
         
Delaware   001-33401   20-5490327
(State or Other Jurisdiction of Incorporation)   (Commission File Number)   (IRS Employer Identification No.)
3900 Dallas Parkway, Suite 500, Plano, Texas 75093
(Address of Principal Executive Offices) (Zip Code)
Registrant’s telephone number, including area code: 972.665.1000
N/A
(Former Name or Former Address, if Changed Since Last Report)
     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 1.01     Entry into a Material Definitive Agreement
Rob Carmony was elected as our Senior Vice President — New Technology and Training, effective May 23, 2007. Prior to his new position he was our Senior Vice President of Operations. In that capacity, Mr. Carmony had an employment agreement with our principal subsidiary, Cinemark, Inc. which was executed and became effective as of March 12, 2004 (the “Original Employment Agreement”). Upon being elected to the new position, Cinemark, Inc. and Mr. Carmony agreed to amend the Original Employment Agreement solely to reflect his new title and position. Effective January 14, 2008, Cinemark, Inc. and Mr. Carmony executed the First Amendment to the Employment Agreement which is attached as Exhibit 10.1 to this Current Report on Form 8K.
Item 9.01     Financial Statements and Exhibits.
(d)   Exhibits.
         
Exhibit No.   Exhibit Description
  10.1    
First Amendment to Rob Carmony’s Employment Agreement

2


 

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.
         
  CINEMARK HOLDINGS, INC.
 
 
  By:   /s/ Michael D. Cavalier   
    Name:   Michael D. Cavalier   
    Title:   Senior Vice President - General Counsel   
 
Date: January 16, 2008

3

EX-10.1 2 d53110exv10w1.htm FIRST AMENDMENT TO ROB CARMONY'S EMPLOYMENT AGREEMENT exv10w1
 

Exhibit 10.1
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
     THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”), is effective as of the 14th day of January, 2008 between Cinemark, Inc., a Delaware corporation (the “Company”), and Robert Carmony (“Executive”).
RECITALS
     A.     The Company and Executive previously entered into that certain Employment Agreement effective as of March 12, 2004 (the “Original Employment Agreement”), setting forth the terms and conditions of their understandings and agreements with respect to Executive’s employment as the Company’s Senior Vice President of Operations.
     B.     Executive was elected as the Senior Vice President — New Technology and Training, of the Company, Cinemark Holdings, Inc. and Cinemark USA, Inc., effective May 23, 2007.
     C.     The Company and Executive now wish to make certain changes to the terms and conditions set forth in the Original Employment Agreement by amending such agreement as set forth herein to reflect his current position and title.
STATEMENT OF AGREEMENT
     NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein and in the Original Employment Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Company and Executive, each intending to be legally bound, hereby agree as follows:
     1.     Amendment of Original Employment Agreement.
     (a)     Section 1.1 of the Original Employment Agreement is hereby amended and restated in its entirety to read as follows:
     1.1     Title and Duties. The Company employs Executive as Senior Vice President — New Technology and Training, of the Company. Executive’s duties, responsibilities and authority shall be consistent with Executive’s position and titles and shall include serving in a similar capacity with Cinemark Holdings, Inc., Cinemark USA, Inc. and such other duties, responsibilities and authority as may be assigned to Executive by the Board of Directors of the Company (the “Board”). Executive shall report directly to the Chief Executive Officer of the Company.
     (b)     Except as specifically set forth in Section 1(a) hereof, the Original Employment Agreement remains in full force on its terms.
     2.     Governing Law. This Amendment shall be construed, interpreted and governed in accordance with the laws of the State of Texas without regard to any conflict of laws rule or principle which might refer the governance or construction of this Amendment to the laws of another jurisdiction.
     3.     Entire Agreement. This Amendment, together with the Original Employment Agreement contain the entire understanding between the parties hereto with respect to the subject matter hereof and supersede in all respects any prior or other agreement or understanding, written or oral, between the Company and Executive with respect to such subject matter.
     4.     Counterparts. This Amendment may be executed in multiple counterparts, each of which will be deemed an original.
     [Signature Page Follows]

 


 

     IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have caused this Amendment to be executed and delivered by their proper and duly authorized officers as of the day and year first above written.
         
  COMPANY:

CINEMARK, INC.
 
 
  By:   /s/ Michael Cavalier    
    Name:   Michael Cavalier   
    Title:   Senior Vice President-General Counsel   
 
         
  EXECUTIVE:
 
 
  /s/ Robert Carmony   
  Robert Carmony   
     
 
Signature Page to First Amendment To Employment Agreement

 

-----END PRIVACY-ENHANCED MESSAGE-----