-----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, ULbSYMjZZzMG8sPCNXtVCIn6Kv9OTMZvtGQHXu5pGx2/1QMq2oMSn9smiU0HMbUY NdLjdjqxrL0i7JSUTan2Ow== 0000807882-96-000005.txt : 19960629 0000807882-96-000005.hdr.sgml : 19960629 ACCESSION NUMBER: 0000807882-96-000005 CONFORMED SUBMISSION TYPE: 11-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19951231 FILED AS OF DATE: 19960627 SROS: NYSE FILER: COMPANY DATA: COMPANY CONFORMED NAME: FOODMAKER INC /DE/ CENTRAL INDEX KEY: 0000807882 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 952698708 STATE OF INCORPORATION: DE FISCAL YEAR END: 1002 FILING VALUES: FORM TYPE: 11-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-09390 FILM NUMBER: 96587200 BUSINESS ADDRESS: STREET 1: 9330 BALBOA AVE CITY: SAN DIEGO STATE: CA ZIP: 92123-1516 BUSINESS PHONE: 6195712121 MAIL ADDRESS: STREET 1: PO BOX 783 CITY: SAN DIEGO STATE: CA ZIP: 92112-4126 11-K 1 As filed with the Securities and Exchange Commission on June 27, 1996 - -------------------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 -------------- FORM 11-K ANNUAL REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 (Mark One): X ANNUAL REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES - ---- EXCHANGE ACT OF 1934 [FEE REQUIRED]. For the fiscal year ended December 31, 1995 ----------------- OR TRANSITION REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES - ---- EXCHANGE ACT OF 1934 [NO FEE REQUIRED]. For the transition period from ____________to____________ Commission file number 1-9390 ----------------- -------------- FOODMAKER, INC. EASY$AVER PLUS PLAN (Full title of the Plan) -------------- FOODMAKER, INC. (Name of issuer of the securities held pursuant to the Plan) 9330 Balboa Avenue San Diego, CA 92123 (Address of principal executive offices) FOODMAKER, INC. EASY$AVER PLUS PLAN December 31, 1995 and 1994 TABLE OF CONTENTS Page Number ----------- Independent Auditors' Report 1 Statement of Net Assets Available for Benefits With Fund Information as of December 31, 1995 2 Statement of Net Assets Available for Benefits With Fund Information as of December 31, 1994 3 Statement of Changes in Net Assets Available for Benefits With Fund Information for the year ended December 31, 1995 4 Statement of Changes in Net Assets Available for Benefits With Fund Information for the year ended December 31, 1994 5 Notes to Financial Statements 6 Schedule I - Item 27a - Schedule of Assets Held for Investment Purposes 11 Schedule II - Item 27d - Schedule of Reportable Transactions 13 Independent Auditors' Report ---------------------------- The Participants and the Administrative Committee Foodmaker, Inc. Easy$aver Plus Plan: We have audited the accompanying statements of net assets available for benefits of the Foodmaker, Inc. Easy$aver Plus Plan as of December 31, 1995 and 1994, and the related statements of changes in net assets available for benefits for each of the years in the two-year period ended December 31, 1995. These financial statements are the responsibility of the Plan's management. Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the net assets available for benefits of the Plan as of December 31, 1995 and 1994, and the changes in net assets available for benefits for each of the years in the two-year period ended December 31, 1995, in conformity with generally accepted accounting principles. Our audits were performed for the purpose of forming an opinion on the basic financial statements taken as a whole. The supplemental schedules I and II are presented for the purpose of additional analysis and are not a required part of the basic financial statements but are supplementary information required by the Department of Labor's Rules and Regulations for Reporting and Disclosure under the Employee Retirement Income Security Act of 1974. The fund information in the statements of net assets available for benefits with fund information and the statements of changes in net assets available for benefits with fund information is presented for purposes of additional analysis rather than to present the net assets available for benefits and changes in net assets available for benefits of each fund. The supplemental schedules and fund information have been subjected to the auditing procedures applied in the audits of the basic financial statements and, in our opinion, are fairly stated in all material respects in relation to the basic financial statements taken as a whole. KPMG PEAT MARWICK LLP San Diego, California May 24, 1996 -1- FOODMAKER, INC. EASY$AVER PLUS PLAN Statement of Net Assets Available for Benefits With Fund Information (in thousands)
December 31, 1995 ----------------------------------------------------------------- Fixed FMI Dreyfus Equity Income Growth Common Bond Loans to Fund Fund Fund Stock Fund Fund Participants Total ---- ---- ---- ---------- ---- ------------ ----- Interest receivable $ - 76 - - - - 76 ----- ------ ----- ----- --- ----- ------ Contributions receivable: Employee 15 22 9 4 4 - 54 Employer 4 8 3 1 1 - 17 ----- ------ ----- ----- --- ----- ------ Total receivables 19 106 12 5 5 - 147 ----- ------ ----- ----- --- ----- ------ Investments, at fair value (note 2): Short-term investments 50 151 25 11 10 - 247 Common stock - - - 1,364 - - 1,364 Mutual funds 8,843 - 2,948 - 695 - 12,486 Notes receivable from participants - - - - - 2,543 2,543 ----- ------ ----- ----- --- ----- ------ 8,893 151 2,973 1,375 705 2,543 16,640 Investments, at contract value (note 2)- insurance company contracts - 14,400 - - - - 14,400 ----- ------ ----- ----- --- ----- ------ Total investments 8,893 14,551 2,973 1,375 705 2,543 31,040 ----- ------ ----- ----- --- ----- ------ Transfers due from (to) other funds 111 (183) 37 43 (8) - - ----- ------ ----- ----- --- ----- ------ Net assets available for benefits $9,023 14,474 3,022 1,423 702 2,543 31,187 ===== ====== ===== ===== === ===== ======
See accompanying notes to financial statements. -2- FOODMAKER, INC. EASY$AVER PLUS PLAN Statement of Net Assets Available for Plan Benefits With Fund Information (in thousands)
December 31, 1994 ------------------------------------------------------------------------- Ralston Purina Fixed FMI Dreyfus Common Equity Income Growth Common Bond Loans to Stock Fund Fund Fund Fund Stock Fund Fund Participants Total ---------- ---- ---- ---- ---------- ---- ------------ ----- Interest receivable receivable $ - - 68 - - - - 68 ----- ----- ------ ----- --- --- ----- ------ Contributions receivable: Employee - 11 21 8 3 3 - 46 Employer - 4 7 3 1 1 - 16 ----- ----- ------ ----- --- --- ----- ------ Total receivables - 15 96 11 4 4 - 130 ----- ----- ------ ----- --- --- ----- ------ Investments, at fair value (note 2): Short-term investments - 40 1,224 36 14 9 - 1,323 Common stock - - - - 772 - - 772 Mutual funds - 6,656 - 2,270 - 552 - 9,478 Notes receivable from participants - - - - - - 2,443 2,443 ----- ----- ------ ----- --- --- ----- ------ - 6,696 1,224 2,306 786 561 2,443 14,016 ----- ----- ------ ----- --- --- ----- ------ Investments, at contract value (note 2)- insurance company contracts - - 12,775 - - - - 12,775 ----- ----- ------ ----- --- --- ----- ------ Total investments - 6,696 13,999 2,306 786 561 2,443 26,791 ----- ----- ------ ----- --- --- ----- ------ Transfers due to (from) other funds - 36 41 (31) (7) (39) - - ----- ----- ------ ----- --- --- ----- ------ Net assets available for benefits $ - 6,747 14,136 2,286 783 526 2,443 26,921 ===== ===== ====== ===== === === ===== ======
See accompanying notes to financial statements. -3- FOODMAKER, INC. EASY$AVER PLUS PLAN Statement of Changes in Net Assets Available for Benefits With Fund Information (in thousands)
Year Ended December 31, 1995 ----------------------------------------------------------------- Fixed FMI Dreyfus Equity Income Growth Common Bond Loans to Fund Fund Fund Stock Fund Fund Participants Total ---- ---- ---- ---------- ---- ------------ ----- Contributions: Employee $ 791 1,448 507 229 199 - 3,174 Employer 123 251 77 34 31 - 516 ----- ------ ----- ----- --- ----- ------ 914 1,699 584 263 230 - 3,690 Investment income: Dividends 210 - 20 - - - 230 Interest 61 1,036 25 13 49 - 1,184 ----- ------ ----- ----- --- ----- ------ 271 1,036 45 13 49 - 1,414 ----- ------ ----- ----- --- ----- ------ Net realized gain (loss) on sale of investments 461 - 335 (8) (4) - 784 Unrealized appreciation (depreciation) of investments 1,445 - 172 368 35 - 2,020 Distributions (959) (1,964) (400) (118) (88) - (3,529) Loan repayments 270 584 112 57 29 (1,052) - Loan disbursements (306) (655) (140) (18) (33) 1,152 - Interfund transfers 201 (296) 44 83 (32) - - Administrative expenses (21) (66) (16) - (10) - (113) ----- ------ ----- ----- --- ----- ------ Increase in net assets 2,276 338 736 640 176 100 4,266 Net assets available for benefits: Beginning of year 6,747 14,136 2,286 783 526 2,443 26,921 ----- ------ ----- ----- --- ----- ------ End of year $9,023 14,474 3,022 1,423 702 2,543 31,187 ===== ====== ===== ===== === ===== ======
See accompanying notes to financial statements. -4- FOODMAKER, INC. EASY$AVER PLUS PLAN Statement of Changes in Net Assets Available for Benefits With Fund Information (in thousands)
Year Ended December 31, 1994 ------------------------------------------------------------------------- Ralston Purina Fixed FMI Dreyfus Common Equity Income Growth Common Bond Loans to Stock Fund Fund Fund Fund Stock Fund Fund Participants Total ---------- ---- ---- ---- ---------- ---- ------------ ----- Contributions: Employee $ - 767 1,566 519 200 186 - 3,238 Employer - 213 471 159 65 58 - 966 ----- ----- ------ ----- --- --- ----- ------ - 980 2,037 678 265 244 - 4,204 ----- ----- ------ ----- --- --- ----- ------ Investment income: Dividends 5 195 - 18 - - - 218 Interest 1 56 977 27 14 45 - 1,120 ----- ----- ------ ----- --- --- ----- ------ 6 251 977 45 14 45 - 1,338 ----- ----- ------ ----- --- --- ----- ------ Net realized gain (loss) on sale of investments 269 554 - 162 (11) (6) - 968 Unrealized depreciation of investments (257) (718) - (380) (596) (34) - (1,985) Distributions (41) (929) (1,797) (294) (126) (90) - (3,277) Loan repayments - 245 542 118 59 39 (1,003) - Loan disbursements - (305) (802) (122) (17) (21) 1,267 - Interfund transfers (426) 211 56 (184) 442 (99) - - Administrative expenses (3) (26) (75) (22) - (10) - (136) ----- ----- ------ ----- --- --- ----- ------ Increase (decrease) in net assets (452) 263 938 1 30 68 264 1,112 Net assets available for benefits: Beginning of year 452 6,484 13,198 2,285 753 458 2,179 25,809 ----- ----- ------ ----- --- --- ----- ------ End of year $ - 6,747 14,136 2,286 783 526 2,443 26,921 ===== ===== ====== ===== === === ===== ======
See accompanying notes to financial statements. -5- FOODMAKER, INC. EASY$AVER PLUS PLAN Notes to Financial Statements December 31, 1995 and 1994 1. DESCRIPTION OF THE PLAN The following brief description of the Foodmaker, Inc. Easy$aver Plus Plan (the "Plan") is provided for general information purposes only. Participants should refer to the Plan document for a more complete description of the Plan's provisions. a. General: ------- The Plan was established effective April 1, 1983 for the purpose of enabling employees to enhance their long-range financial security through regular savings with the benefit of Foodmaker, Inc. (the "Company") contributions. The benefits provided under the Plan are intended to supplement the retirement benefits provided under other plans sponsored by the Company. The Plan is subject to certain provisions of the Employee Retirement Income Security Act of 1974 ("ERISA"); however, benefits under the Plan are not eligible for plan termination insurance provided by the Pension Benefit Guaranty Corporation under Title IV of ERISA. The Company, as plan sponsor, makes contributions to the Plan and pays a portion of the administrative costs. Subject to certain restrictions, the plan sponsor also has the authority and responsibility for the general administration of the Plan. The Chairperson of the Company's Board of Directors is authorized to appoint the members of the Administrative Committee (the "Committee"). The Northern Trust Company, as trustee, has the authority to hold, manage and protect the assets of the Plan in accordance with the provisions of the Plan and a separate Trust Agreement. The Plan covers substantially all regular administrative and clerical employees of the Company who have completed one year of service, receive regular compensation from a payroll in the United States, and effective January 1, 1988, have attained age 21. Eligible warehouse and distribution employees may participate in the Plan effective January 1, 1991. Eligible maintenance technicians and equipment technicians also may participate in the Plan effective July 1, 1992. Participation by eligible employees is voluntary. b. Contributions: ------------- Prior to April 1, 1991, participants could have elected to have the Company contribute to the Plan any amount from 2% to 8% of their compensation in 1% increments through payroll deductions. This deferral is referred to as a pre-tax deferral, i.e., it is not subject to Federal income taxes in the year deferred. Effective April 1, 1991, the maximum amount of the compensation participants may elect to defer is 12%. The Company made a matching contribution equal to 50% of each participant's first 4% of base compensation deferred. Effective April 3, 1995, the Company temporarily suspended matching contributions. Effective October 2, 1995, the Company reinstated matching contributions. Prior to January 1, 1989, participants who deferred at least 4% of compensation could have elected to contribute an additional 1% to 10% of compensation, in 1% increments, on an after-tax basis. Beginning January 1, 1989, after-tax contributions could have been made whether or not the participant had elected to make any pre-tax deferrals. Effective April 1, 1991, after-tax contributions may no longer be made to the Plan. -6- FOODMAKER, INC. EASY$AVER PLUS PLAN Notes to Financial Statements December 31, 1995 and 1994 (Continued) 1. DESCRIPTION OF THE PLAN (Continued) c. Vesting: ------- Participants have a fully vested interest in their pre-tax deferrals and after-tax contributions plus actual earnings thereon. Company contributions vest at the rate of 25 percent for each year of service by the participant (including service prior to the effective date of the Plan) or upon attainment of age sixty-five, disability, death or termination of the Plan. The vested amount in a participant's account normally is distributed upon termination of employment. The amount of the Company's contribution that is not vested with respect to any participant is forfeited upon termination of employment, but is restored if the participant becomes an eligible employee within five years after termination. Forfeitures are used to reduce employer contributions. d. Participant Accounts: -------------------- As of December 31, 1995 the trustee maintains five investment funds -- the Equity Fund, the Fixed Income Fund, the Growth Fund, the FMI Common Stock Fund and the Dreyfus Bond Fund. The Ralston Purina Common Stock Fund was dissolved effective June 30, 1994. Participants may direct their pre-tax deferrals, after-tax and Company matching contributions to be placed in any of the five investment funds allocated in multiples of 10% to any combination of these investment funds. The Ralston Purina Common Stock balance was comprised of contributions made prior to the change of ownership of the Company. Earnings derived from the assets of any investment fund are reinvested in the fund to which they relate except that effective September 30, 1987, earnings related to the Ralston Purina Common Stock Fund may, at the discretion of the trustee, be reinvested in the Fixed Income Fund. Participants may elect to transfer all or any multiple of 10% of the value of their accounts among funds at the beginning of any calendar quarter. Pending investment of the assets in an investment fund, the trustee may temporarily make certain short-term investments. The Plan permits voluntary withdrawals by participants of their after-tax contributions and related earnings no more than once every six months. Because of certain Internal Revenue Service regulations, participants may, with Committee approval, withdraw pre-tax deferrals (exclusive of earnings for withdrawals after December 31, 1989), Company matching contributions (if the participant is fully vested) and related earnings only in the event of a financial hardship. The Plan permits participants to borrow from the investment funds. Loans are subject to such rules and regulations as the Committee may adopt, including but not limited to the following: (1) the amount of the loan is subject to certain limitations, (2) the loan bears interest at prevailing rates and repayments are to be made through payroll deductions, and (3) the payment of a processing fee is required. Amounts loaned to participants are treated as invested in such loans and, to the extent unpaid, do not generate any earnings other than interest thereon. -7- FOODMAKER, INC. EASY$AVER PLUS PLAN Notes to Financial Statements December 31, 1995 and 1994 (Continued) 1. DESCRIPTION OF THE PLAN (Continued) e. Trust: ----- The assets of the Plan are held in a trust. Prior to March 31, 1994, assets of a 401(k) plan sponsored by Chi- Chi's, Inc. ("Chi-Chi's"), a former subsidiary of the Company, were also held in the trust. During 1994, the assets of the Chi-Chi's Plan were transferred from the trust due to the Company's divestiture of Chi-Chi's. f. Use of Estimates: ---------------- The Plan sponsor and administrator have made a number of estimates and assumptions relating to the reporting of net assets available for benefits and changes in net assets available for benefits to prepare the financial statements in conformity with generally accepted accounting principles. Actual results could differ from those estimates. 2. SUMMARY OF ACCOUNTING POLICIES The financial statements of the Plan are prepared using the accrual method of accounting. The Plan's short-term investments consist of money market accounts which are valued at fair value. The Plan's investments in common stocks and mutual funds are stated at fair value, which is determined by quoted market prices. Purchases and sales of securities are recorded on a trade date basis. The Plan's insurance company contracts are valued at contract value. Contract value represents contributions made under the contract, plus interest at the contract rate, less Plan withdrawals and certain expenses. The contract value of these investments reasonably approximates fair value due to the short-term nature of these investments, the interest rates on these contracts, and the financial strength of the issuing insurance companies. Certain 1994 balances have been reclassified to conform to 1995 presentation. -8- FOODMAKER, INC. EASY$AVER PLUS PLAN Notes to Financial Statements December 31, 1995 and 1994 (Continued) 3. INVESTMENTS Investments consist of the following at December 31, 1995 and 1994: December 31, 1995 December 31, 1994 ----------------- ----------------- Fair Fair Description of Investment Cost Value Cost Value - ------------------------- ---- ----- ---- ----- (in thousands) Northern Trust Collective Short-term Investment Fund $ 198 $ 198 $ 185 $ 185 State Street Yield Enhanced Short-term Investment Fund 49 49 1,138 1,138 Fidelity Equity Income Fund, Inc. (net asset value $37.93 and $30.70 in 1995 and 1994, respectively) 7,398 8,843 6,651 6,656 Insurance Company Contracts 14,400 14,400 12,775 12,775 Twentieth Century Investors, Inc. Select Fund (net asset value $35.62 and $33.10 in 1995 and 1994, respectively) 2,776 2,948 2,694 2,270 Foodmaker, Inc. Common Stock 996 1,364 1,361 772 Dreyfus Short-Intermediate Government Fund (net asset value $11.10 and $10.53 in 1995 and 1994, respectively) 660 695 528 552 Notes receivable from participants 2,543 2,543 2,443 2,443 ------ ------ ------ ------ $29,020 $31,040 $27,775 $26,791 ====== ====== ====== ====== 4. INVESTMENT CONTRACTS WITH INSURANCE COMPANIES The Fixed Income Fund is comprised of various guaranteed investment contracts ("GIC") with insurance companies. These GIC's guarantee a fixed rate of interest over a specified period of time. Funds may be withdrawn from any GIC by the Plan, prior to the maturity of the GIC, in order to meet the withdrawal elections by the Plan participants from the Fixed Income Fund. The trustee may make certain temporary short-term investments prior to re-investing the proceeds of a matured GIC into a new GIC. The average yield on these contracts was 5.8% and 5.7% for the plan years ended December 31, 1995 and 1994, respectively. The crediting interest rates on these contracts approximated the average yield as of December 31, 1995 and 1994. -9- FOODMAKER, INC. EASY$AVER PLUS PLAN Notes to Financial Statements December 31, 1995 and 1994 (Continued) 5. FEDERAL INCOME TAXES The Internal Revenue Service has determined and informed the Company by a letter dated April 1, 1987, that the Plan and related trust are designed in accordance with applicable sections of the Internal Revenue Code (IRC). The Plan was amended and restated thereafter effective January 1, 1988 and January 1, 1989. On November 28, 1995, the IRS issued a favorable tax determination letter related to these restatements, and the Plan sponsor believes that the Plan continues to qualify and to operate as designed. 6. SUBSEQUENT EVENTS Beginning in April 1996, recordkeeping administrative services will be performed by Dreyfus Service Corporation. In connection with this change in recordkeeper, the Plan offers daily investment trading and has increased the number of investment choices to twelve. At the same time, Mellon Bank, N. A. was appointed as a successor trustee to Northern Trust Company. -10- Schedule I FOODMAKER, INC. EASY$AVER PLUS PLAN Schedule of Investments Item 27a-Schedule of Assets Held for Investment Purposes (dollars in thousands)
December 31, 1995 December 31, 1994 --------------------------- ---------------------------- Number of Fair Number of Fair Description of Investment Shares/Units Cost Value Shares/Units Cost Value - ------------------------- ------------ ---- ----- ------------ ---- ----- Northern Trust Collective Short-term Investment Fund* 198 $ 198 $ 198 185 $ 185 $ 185 State Street Yield Enhanced Short-term Investment Fund* 49 49 49 1,138 1,138 1,138 Fidelity Equity Income Fund, Inc. (net asset value $37.93 and $30.70 in 1995 and 1994, respectively) 233,144 7,398 8,843 216,804 6,651 6,656 Insurance Company Contracts Principal Mutual, 8.75%, matures 12/31/94 - - - - 332 332 NY Life, 8.90%, matures 6/30/95 - - - - 723 723 Principal Mutual, 8.55% matures 1/2/96 - 563 563 - 630 630 CIGNA, 8.75% matures 1/2/96 - 715 715 - 800 800 Mass. Mutual, 7.87% matures 6/30/96 - 334 334 - 377 377 CNA, 6.00% matures 6/30/96 & 12/31/96 - 600 600 - 690 690 Principal Mutual, 6.50% matures 1/2/95-6/30/96 - 274 274 - 628 628 Hancock, 6.20% matures 1/2-6/30/95 - - - - 352 352 Metropolitan, 6.10% matures 6/30/97 - 701 701 - 805 805 NY Life, 5.15% matures 9/30/96, 97 & 98 - 895 895 - 1,035 1,035 Principal Mutual, 5.02% matures 12/31/96, 7/1/97 & 12/31/97 - 762 762 - 884 884 Hartford, 4.90% matures 12/31/96 & 97 - 684 684 - 795 795 Provident, 4.18% matures 6/30/95, 12/31/96 & 6/30/97 - 637 637 - 1,118 1,118 Hartford, 4,76% matures 12/31/96 & 6/30/97 - 1,121 1,121 - 1,304 1,304 NY Life, 6.80% matures 6/30/96, 12/31/97 & 98 - 782 782 - 893 893 Principal Mutual, 7.08% matures 12/31/97 & 6/30/99 - 1,238 1,238 - 1,409 1,409 Life of VA, 8.04% matures 6/30/98 & 12/31/99 - 786 786 - - - Hancock, 7.88% matures 12/31/98, 6/30/99 & 12/31/99 - 785 785 - - - Transamerica, 5.63% matures 9/30/97 & 98 - 1,118 1,118 - - - Metropolitan, 7.53% matures 6/30/98 & 12/31/99 - 1,148 1,148 - - - NY Life, 6.22% matures 9/30/97 & 98 and 12/31/98 - 1,257 1,257 - - - ----- ----- ----- ----- 14,400 14,400 12,775 12,775
-11- Schedule I (Continued) FOODMAKER, INC. EASY$AVER PLUS PLAN Schedule of Investments Item 27a-Schedule of Assets Held for Investment Purposes (dollars in thousands)
December 31, 1995 December 31, 1994 --------------------------- ---------------------------- Number of Fair Number of Fair Description of Investment Shares/Units Cost Value Shares/Units Cost Value - ------------------------- ------------ ---- ----- ------------ ---- ----- Twentieth Century Investors, Inc. Select Fund (net asset value $35.62 and $33.10 in 1995 and 1994 respectively) 82,774 $ 2,776 $ 2,948 68,571 $ 2,694 $ 2,270 Foodmaker, Inc. common stock* 227,465 996 1,364 181,561 1,361 772 Dreyfus Short-Intermediate Government Fund (net asset value $11.10 and $10.53 in 1995 and 1994, respectively) 62,629 660 695 52,383 528 552 Notes receivable from participants* N/A 2,543 2,543 N/A 2,443 2,443 ----- ----- ----- ----- $29,020 $31,040 $27,775 $26,791 ====== ====== ====== ====== * Party-in-interest
See accompanying Independent Auditors' Report. -12- SCHEDULE II ITEM 27d-SCHEDULE OF REPORTABLE TRANSACTIONS SCHEDULE OF REPORTABLE 5% TRANSACTIONS 1-1-95 THROUGH 12-31-95 ***********************************************
CURRENT VALUE AVERAGE PURCHASE COST OF OF ASSET ON DESCRIPTION OF ASSET OR SELL PRICE ASSET TRANSACTION DATE NET GAIN -------------------- ----------------- ----- ---------------- --------- ($) ($) ($) ($) TRANSACTIONS BY ISSUE - --------------------- MFO FIDELITY EQUITY-INCOME FD INC OPEN END FD 41,597.38 SHARES BOUGHT IN 37 TRANSACTIONS 35.13 1,461,310.00 1,461,310.00 25,257.84 SHARES SOLD IN 7 TRANSACTIONS 34.76 719,128.23 877,875.78 158,747.55 ------------- ---------- 2,339,185.78 158,747.55 ============= ========== COLTV SHORT TERM INVT FD* INCREASES ON 262 DAYS 6,911,326.96 6,911,326.96 DECREASES ON 280 DAYS 6,897,230.23 6,897,230.23 0.00 ------------- ---------- 13,808,557.19 0.00 ============= ========== CF STATE STREET SELECTION FUND* CARRYING VALUE BOUGHT IN 34 TRANSACTIONS 1.00 2,368,654.97 2,368,654.97 CARRYING VALUE SOLD IN 6 TRANSACTIONS 1.00 1,832,841.37 1,832,841.37 0.00 ------------- ---------- 4,201,496.34 0.00 ============= ========== TRANSACTIONS BY BROKER - ---------------------- THERE ARE NO REPORTABLE BROKER TRANSACTIONS * Party-in-interest
See accompanying Independent Auditors' Report. -13- EXHIBITS 1. Consent of KPMG Peat Marwick LLP. SIGNATURES The Plan. Pursuant to the requirements of the Securities Exchange Act of 1934, the trustees (or other persons who administer the employee benefit plan) have duly caused this annual report to be signed on its behalf by the undersigned hereunto duly authorized. FOODMAKER, INC. EASY$AVER PLUS PLAN Date: June 27, 1996 By:WILLIAM E. RULON -------------------------------- William E. Rulon Member, Administrative Committee -14- Exhibit 1 Independent Auditors' Consent ----------------------------- The Board of Directors Foodmaker, Inc.: We consent to incorporation by reference in the registration statement (No. 33-54602) on Form S-8 of Foodmaker, Inc. of our report dated May 24, 1996, relating to the statements of net assets available for benefits of Foodmaker, Inc. Easy$aver Plus Plan as of December 31, 1995 and 1994, and the related statements of changes in net assets available for benefits for each of the years in the two-year period ended December 31, 1995, and all related schedules, which report appears in the December 31, 1995 annual report on Form 11-K of the Foodmaker, Inc. Easy$aver Plus Plan. KPMG PEAT MARWICK LLP San Diego, California June 27, 1996 -----END PRIVACY-ENHANCED MESSAGE-----