-----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, TRqnmCPEUUPgxDvkhPpYQLK12bvqaoUsdWLP9/jDghgyjJ2NRFOYfZRVoFzgDq4y edTF6uGNkthmi+4iZ5P3PA== 0000849101-99-000009.txt : 19990831 0000849101-99-000009.hdr.sgml : 19990831 ACCESSION NUMBER: 0000849101-99-000009 CONFORMED SUBMISSION TYPE: 10-Q/A PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19990704 FILED AS OF DATE: 19990830 FILER: COMPANY DATA: COMPANY CONFORMED NAME: AVADO BRANDS INC CENTRAL INDEX KEY: 0000849101 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 592778983 STATE OF INCORPORATION: GA FISCAL YEAR END: 0103 FILING VALUES: FORM TYPE: 10-Q/A SEC ACT: SEC FILE NUMBER: 000-19542 FILM NUMBER: 99702259 BUSINESS ADDRESS: STREET 1: HANCOCK AT WASHINGTON CITY: MADISON STATE: GA ZIP: 30650 BUSINESS PHONE: 7063424552 MAIL ADDRESS: STREET 1: HANCOCK AT WASHINGTON CITY: MADISON STATE: GA ZIP: 30650 FORMER COMPANY: FORMER CONFORMED NAME: APPLE SOUTH INC DATE OF NAME CHANGE: 19950111 10-Q/A 1 REGISTRANT'S QUARTERLY REPORT UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q/A (Mark One) [X] Quarterly Report Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 For the quarterly period ended July 4, 1999 or [ ] Transition Report Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 For the transition period from to Commission File Number: 0-19542 AVADO BRANDS, INC. (Exact name of registrant as specified in its charter) Georgia 59-2778983 - ---------------------------------------- ----------------------- (State or other jurisdiction of (I.R.S. Employer incorporation or organization) Identification No.) Hancock at Washington, Madison, GA 30650 - ---------------------------------------- ----------------------- (Address of principal executive offices) (Zip Code) 706-342-4552 ------------------------ (Registrant's telephone number, including area code) Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. X Yes No As of August 26, 1999, there were 25,339,342 shares of common stock of the Registrant outstanding. Part II. Other Information Item 4. Submission of Matters to a Vote of Security Holders The Annual Meeting of Shareholders was held on May 4, 1999, at which the following proposals were voted upon by shareholders: (1) the election of five members of the Board of Directors, (2) a proposal to approve the Company's 1995 Stock Incentive Plan, as amended, and (3) ratification of the selection of KPMG LLP as the Company's independent auditors. Each of the five members of the Company's Board of Directors was elected to serve a term of one year and until his or her successor is elected, and has qualified by the following votes: Affirmative Negative Tom E. DuPree, Jr. 26,582,339 325,447 Erich J. Booth 26,594,413 313,373 Thomas R. Williams 26,592,492 315,294 Dr. Ruth G. Shaw 26,594,492 313,294 John L. Moorhead 26,593,225 314,561 The remaining proposals voted on at the May 4, 1999 Annual Meeting of Shareholders were approved as follows: Affirmative Negative Abstaining 1995 Stock Incentive Plan 24,614,227 2,264,932 28,627 Appointment of KPMG LLP 26,855,201 39,867 12,718 Page 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, thereunto duly authorized. Avado Brands, Inc. (Registrant) Date: August 26, 1999 By:/s/ Erich J. Booth -------------------------------- Erich J. Booth Chief Financial Officer and Corporate Treasurer /s/ Louis J. Profumo -------------------------------- Louis J. Profumo Senior Vice President of Finance and Chief Accounting Officer Page 3 -----END PRIVACY-ENHANCED MESSAGE-----