-----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, H/5aYaO/hBNO4IJbig3D5k7+t3TxdLsURPXbxf5hc/AliPCsLrn6xVWeqi3q7PE1 CxNiCzMyjvtFccuTVDPSfA== 0001144204-09-046484.txt : 20090831 0001144204-09-046484.hdr.sgml : 20090831 20090831160345 ACCESSION NUMBER: 0001144204-09-046484 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20090831 ITEM INFORMATION: Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers: Compensatory Arrangements of Certain Officers FILED AS OF DATE: 20090831 DATE AS OF CHANGE: 20090831 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PENN TRAFFIC CO CENTRAL INDEX KEY: 0000077155 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-GROCERY STORES [5411] IRS NUMBER: 250716800 STATE OF INCORPORATION: DE FISCAL YEAR END: 0131 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-08858 FILM NUMBER: 091046136 BUSINESS ADDRESS: STREET 1: 1200 STATE FAIR BLVD CITY: SYRACUSE STATE: NY ZIP: 13221-4737 BUSINESS PHONE: (315) 453-7284 MAIL ADDRESS: STREET 1: 1200 STATE FAIR BLVD CITY: SYRACUSE STATE: NY ZIP: 13221-4737 8-K 1 v159462_8k.htm
 
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 31, 2009
 
THE PENN TRAFFIC COMPANY
(Exact Name of Registrant as Specified in its Charter)
 
Delaware
(State or Other Jurisdiction
of Incorporation)
0-8858
(Commission File Number)
25-0716800
(IRS Employer
Identification No.)

1200 State Fair Boulevard
Syracuse, New York 13221-4737
(Address of Principal Executive Offices) (Zip Code)

(315) 453-7284
(Registrant’s telephone number, including area code)
 
Not Applicable
(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 CFR240.14d-2(b))
 
¨
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
 
 
 
 
Item 5.02.  Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
 
On August 27, 2009, Tod A. Nestor informed the Board of Directors of The Penn Traffic Company (the “Company”) of his intent to voluntarily resign as the Company’s Chief Financial Officer, effective September 18, 2009, in order to join New York-based Fairway Market as its Chief Financial Officer.  The Company thanks Mr. Nestor for his dedicated service as Chief Financial Officer.  Mr. Nestor’s resignation was not related to the Company’s financial or operating results or to any disagreements or concerns regarding the Company’s financial or reporting practices. Mr. Nestor has agreed to provide assistance as reasonably requested by the Company as it transitions his responsibilities to a permanent successor.
 
Upon Mr. Nestor's departure on September 18, 2009, the functions of the Company’s Chief Financial Officer shall be performed on an interim basis by Mr. Eric Sattler, who since 2005 has served as the Company’s Controller.  On August 27, 2009, the Board of Directors of the Company appointed Mr. Sattler to serve as Vice President, Finance, effective August 31, 2009, and as interim Chief Financial Officer, effective September 18, 2009.  Mr. Sattler’s base salary for serving in these capacities will be $160,000, and he shall be entitled to receive a bonus, in the Company’s discretion, targeted at between 40% and 80% of this base salary, based on his achievement of goals established by the Company.
 
Mr. Sattler has served as the Company's Controller since July 2005.  Prior to that he served as the Company's Director of Internal Reporting from June 1999 until July 2005, a Senior Financial Analyst in the Finance department from June 1997 to June 1999, and Manager of Retail Accounting from May 1996 to June 1997.  Mr. Sattler is 41 years old and has more than 20 years of financial, accounting, operational and general management experience.  Mr. Sattler earned an M.B.A. with a concentration in Finance from Syracuse University, and a B.S. degree in Management Science with a concentration in Finance from the State University of New York at Geneseo.
 
The Board of Directors of the Company is currently engaged in a search for a permanent Chief Financial Officer.
 
 
 
 
 
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.
  
 
THE PENN TRAFFIC COMPANY
(Registrant)
     
     
 
By:
/s/ Daniel J. Mahoney
   
Name:
Daniel J. Mahoney
   
Title:
SVP, General Counsel

Date: August 31, 2009
 
 
 
 
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