-----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, HGc08idnIANc2YelpUv74BejHKeBpjMslACDHKpRqYp7V1cHATavSYelOytrpe7L IeZXGuK9WM4UrAgyzQsJyw== 0001193125-05-055375.txt : 20050318 0001193125-05-055375.hdr.sgml : 20050318 20050318164626 ACCESSION NUMBER: 0001193125-05-055375 CONFORMED SUBMISSION TYPE: 8-K/A PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20041108 ITEM INFORMATION: Entry into a Material Definitive Agreement ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20050318 DATE AS OF CHANGE: 20050318 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CHECKERS DRIVE IN RESTAURANTS INC /DE CENTRAL INDEX KEY: 0000879554 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 581654960 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K/A SEC ACT: 1934 Act SEC FILE NUMBER: 000-19649 FILM NUMBER: 05692151 BUSINESS ADDRESS: STREET 1: 4300 WEST CYPRESS STREET STREET 2: SUITE 600 CITY: TAMPA STATE: FL ZIP: 33607 BUSINESS PHONE: 8132837000 MAIL ADDRESS: STREET 1: 4300 WEST CYPRESS STREET STREET 2: SUITE 600 CITY: TAMPA STATE: FL ZIP: 33607 8-K/A 1 d8ka.htm FORM 8-K/A Form 8-K/A

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

 


 

FORM 8-K/A

(Amendment No. 1)

 


 

CURRENT REPORT

Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934

 

Date of Report (Date of earliest event reported): November 8, 2004

 


 

Checkers Drive-In Restaurants, Inc.

(Exact name of Registrant as specified in its charter)

 


 

Commission file number 0-19649

 

Delaware   58-1654960

(State or other jurisdiction of

incorporation or organization)

 

(I.R.S. Employer

identification no.)

 

4300 West Cypress Street

Suite 600

Tampa, FL

  33607
(Address of principal executive offices)   (Zip code)

 

(813) 283-7000

(Registrant’s telephone number, including area code)

 


 

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:

 

¨ 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))

 



This Form 8-K/A amends an earlier report on Form 8-K filed by Checkers Drive-In Restaurants, Inc. on November 12, 2004.

 

Item 1.01. Entry into a Material Definitive Agreement

 

The Compensation Committee of the Board of Directors of Checkers Drive-In Restaurants, Inc., at its meeting held on Tuesday, November 2, 2004, approved the following amendments to the employment agreements of Keith Sirois, its Chief Executive Officer and President; and Adam Noyes, its Vice President of Operations and Purchasing.

 

Mr. Sirois’ employment agreement dated September 26, 2003, was amended to: (a) extend the initial term of employment until September 25, 2006; (b) increase (retroactively to September 26, 2004) his annual salary to Three Hundred Fifty Thousand Dollars ($350,000); and (c) grant him, effective at the close of business on November 8, 2004, 30,000 options to be issued pursuant to the company’s 2001 Employee Stock Option Plan.

 

Mr. Noyes’ employment agreement, dated September 19, 2003, was amended to provide that his annual salary, as of November 2, 2004, was increased to One Hundred Ninety Thousand Dollars ($190,000).

 

Item 9.01. Financial Statements, Pro Forma Financial Information and Exhibits

 

The following exhibits are filed with this Form 8-K:

 

(c) Exhibit No.

 

Description


10.1   First Amendment, dated November 8, 2004, to the Employment Agreement dated September 26, 2003 by and between Checkers Drive-In Restaurants, Inc. and Keith Sirois.
10.2   First Amendment, dated November 8, 2004, to the Employment Agreement dated September 26, 2003 by and between Checkers Drive-In Restaurants, Inc. and Adam Noyes.


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.

 

       

Checkers Drive-In Restaurants, Inc.

       

                      (Registrant)

Date: March 18, 2005

     

By:

 

/s/ Keith Sirois


           

Chief Executive Officer and President


Index of Exhibits

 

Exhibit No.

 

Description


10.1   First Amendment, dated November 8, 2004, to the Employment Agreement dated September 26, 2003 by and between Checkers Drive-In Restaurants, Inc. and Keith Sirois.
10.2   First Amendment, dated November 8, 2004, to the Employment Agreement dated September 26, 2003 by and between Checkers Drive-In Restaurants, Inc. and Adam Noyes.
EX-10.1 2 dex101.htm FIRST AMENDMENT BETWEEN CHECKERS DRIVE-IN RESTAURANTS, INC. AND KEITH SIROIS First Amendment between Checkers Drive-In Restaurants, Inc. and Keith Sirois

EXHIBIT 10.1

 

AMENDMENT NO. 1

TO EMPLOYMENT AGREEMENT BETWEEN

CHECKERS DRIVE-IN RESTAURANTS, INC., A DELAWARE CORPORATION, AND

KEITH E. SIROIS

 

THE HEREIN AMENDMENT hereby modifies that certain Employment Agreement by and between Checkers Drive-In Restaurants, Inc., (“Checkers”) and Keith E. Sirois (the “Executive”) dated September 26, 2003, as follows:

 

1. The initial term of the Employment Agreement under Paragraph 2 is extended until September 25, 2006.

 

2. Effective September 26, 2004, the Annual Salary under Paragraph 3.1 of the Employment Agreement is increased to THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00) annually.

 

3. Effective at the close of business on November 8, 2004, Executive shall be grant 30,000 options under Checkers’ 2001 Employee Stock Option Plan.

 

4. Except for the specific modifications hereto, the parties hereto mutual affirm that all other terms of the Employment Agreement dated September 26, 2003 remains in full force and effect.

 

IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of this 8th day of November, 2004.

 

Checkers Drive-In Restaurants, Inc.,

a Delaware corporation

/s/ Peter C. O’Hara


Peter C. O’Hara
Chairman of the Board of Directors
EXECUTIVE

/s/ Keith E. Sirois


Keith E. Sirois
EX-10.2 3 dex102.htm FIRST AMENDMENT BETWEEN CHECKERS DRIVE-IN RESTAURANTS, INC. AND ADAM NOYES First Amendment between Checkers Drive-In Restaurants, Inc. and Adam Noyes

EXHIBIT 10.2

 

AMENDMENT NO. 1

TO EMPLOYMENT AGREEMENT BETWEEN

CHECKERS DRIVE-IN RESTAURANTS, INC., A DELAWARE CORPORATION, AND

ADAM NOYES

 

THE HEREIN AMENDMENT hereby modifies that certain Employment Agreement by and between Checkers Drive-In Restaurants, Inc., (“Checkers”) and Adam Noyes (the “Executive”) dated September 19, 2003, as follows:

 

1. Effective November 2, 2004, the Annual Salary under Paragraph 3.1 of the Employment Agreement is increased to ONE HUNDRED NINETY THOUSAND DOLLARS ($190,000.00) annually.

 

2. Except for the specific modifications hereto, the parties hereto mutual affirm that all other terms of the Employment Agreement dated September 19, 2003 remains in full force and effect.

 

IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of this 8th day of November, 2004.

 

Checkers Drive-In Restaurants, Inc.,

a Delaware corporation

/s/ Peter C. O’Hara


Peter C. O’Hara
Chairman of the Board of Directors
EXECUTIVE
By:  

/s/ Adam Noyes


    Adam Noyes

 

 

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