8-K 1 d8k.htm CURRENT REPORT Current Report

 

 

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): October 7, 2008

 

 

FRISCH’S RESTAURANTS, INC.

(Exact name of registrant as specified in its charter)

 

 

 

OHIO   001-07323   31-0523213

(State or other jurisdiction

of incorporation)

  (Commission File Number)  

(I.R.S. Employer

Identification No.)

 

2800 GILBERT AVENUE, CINCINNATI, OHIO   45206
(Address of principal executive offices)   (Zip Code)

Registrant’s telephone number, including area code 513-961-2660

 

(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):

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


Section 1 – Registrant’s Business and Operations

 

Item 1.01 Entry into a Material Definitive Agreement

Compensatory Arrangements

On October 7, 2008, the Change of Control Agreement between the Company and Craig F. Maier, President and Chief Executive Officer, was amended to comply with Section 409A of the Internal Revenue Code. A copy of the Second Amendment to the Change of Control Agreement is attached hereto as exhibit 99.1.

Section 9 – Financial Statements and Exhibits

 

Item 9.01 Financial Statement and Exhibits

 

  (d) Exhibits

 

99.1   Second Amendment to Change of Control Agreement between Frisch’s Restaurants, Inc. and Craig F. Maier.


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 thereunto duly authorized.

 

    FRISCH’S RESTAURANTS, INC.
                      (registrant)
DATE October 10, 2008      
    BY  

/s/ Donald H. Walker

      Donald H. Walker
      Vice President - Finance and Principal Financial Officer