-----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, A45yoHllBELo5cBZGjuIpk7iUFAAVsWKgj4rmfZIXsKg8Gl3TbP/WLwsrNSVETDn e/rbp2K5jnKvMEjToKaL6w== 0000915862-08-000015.txt : 20080222 0000915862-08-000015.hdr.sgml : 20080222 20080222145315 ACCESSION NUMBER: 0000915862-08-000015 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20080222 ITEM INFORMATION: Departure of Directors or Principal Officers; Election of Directors; Appointment of Principal Officers FILED AS OF DATE: 20080222 DATE AS OF CHANGE: 20080222 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PANTRY INC CENTRAL INDEX KEY: 0000915862 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-AUTO DEALERS & GASOLINE STATIONS [5500] IRS NUMBER: 561574463 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-25813 FILM NUMBER: 08636095 BUSINESS ADDRESS: STREET 1: 1801 DOUGLAS DR STREET 2: PO BOX 1410 CITY: SANFORD STATE: NC ZIP: 27330 BUSINESS PHONE: 9197746700 MAIL ADDRESS: STREET 1: 1801 DOUGLAS DR STREET 2: PO BOX 1410 CITY: SANFORD STATE: NC ZIP: 27330 8-K 1 dz8kv1.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): February 18, 2008


 

THE PANTRY, INC.

(Exact name of registrant as specified in its charter)

 

 

Delaware

000-25813

56-1574463

(State or other jurisdiction of

incorporation)

(Commission

File Number)

(IRS Employer

Identification No.)

 

1801 Douglas Drive

Sanford, North Carolina

 

 

27330

(Address of principal executive offices)

 

(Zip Code)

 

 

Registrant’s telephone number, including area code:(919) 774-6700

 

N/A

(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:

 

o

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

o

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

o

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

o

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 February 18, 2008, Mr. David M. Zaborski, Sr. Vice President, Operations, notified The Pantry, Inc. (the “Company”) of his intent to resign to pursue other opportunities. Given Mr. Zaborski’s contributions to the Company during his tenure, the Company has decided to exercise its rights under Mr. Zaborski’s amended and restated employment agreement with the Company (the “Employment Agreement”).

Mr. Zaborski’s last day of employment for purposes of the Employment Agreement will be March 31, 2008. As a result, and subject to execution and delivery by Mr. Zaborski of a standard release agreement on that date, Mr. Zaborski will be entitled to receive the following:

amounts due and payable to Mr. Zaborski on the date of termination;

an amount equal to his current monthly salary (less applicable taxes and withholdings) for 12 months, payable in substantially equal installments on the last business day of each applicable month, subject to reduction if Mr. Zaborski accepts employment or consultancy with another entity or becomes self-employed, provided, however, that all payments will be made by no later than March 15, 2009;

unless Mr. Zaborski obtains comparable group health insurance coverage from a subsequent employer, 12 months of reimbursement for premiums he pays for comparable health insurance, not to exceed the difference between (i) the cost of coverage under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”) and (ii) the amount Mr. Zaborski paid for group health plan coverage immediately prior to the termination of his employment; and

his Company-provided computer and title to the Company automobile that he currently uses.

 

A copy of the press release announcing Mr. Zaborski’s resignation is attached hereto as Exhibit 99.1.

 

Item 9.01

Financial Statements and Exhibits.

 

(d)

Exhibits

 

 

 

 

Exhibit No.

 

Description of Exhibit

 

 

 

 

 

99.1

 

Press Release dated February 22, 2008

 

SIGNATURES

 

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 PANTRY, INC.

 

 

 

 

 

 

By:

 

/s/ Frank G. Paci

 

 

 

Frank G. Paci

Sr. Vice President, Finance, Chief Financial Officer and Secretary

 

 

 

 

Date: February 22, 2008

 

 

 

 

 

EXHIBIT INDEX

 

 

Exhibit No.

 

Description of Exhibit

 

 

 

 

 

99.1

 

Press Release dated February 22, 2008

 

 

 

 

 

EX-99.1 2 dzprv1.htm

 

 

Exhibit 99.1

 

 

 

For Immediate Release

 

Contact: Frank Paci

February 22, 2008

 

(919) 774-6700

 

The Pantry, Inc. Announces Resignation of Its Senior Vice President of Operations

 

Sanford, North Carolina, February 22, 2008 - The Pantry, Inc. (NASDAQ: PTRY), the leading independently operated convenience store chain in the southeastern U.S., today announced that David M. Zaborski, Senior Vice President, Operations, has resigned from the Company effective March 31, 2008 to pursue other interests. The Pantry’s Chief Executive Officer Pete Sodini stated, “I want to thank David for his contributions to The Pantry and wish him well in his future endeavors.”

 

Brad Williams will be promoted to Vice President of Field Operations. Mr. Williams was most recently a Division Vice President at The Pantry with operating responsibility for approximately 550 convenience stores, and since joining the Company in 1998, Mr. Williams has held numerous positions in operations management. Mr. Sodini added, “Brad is an outstanding performer, and I am confident that he will provide solid leadership to help drive continued growth in our business.”

 

About The Pantry

 

Headquartered in Sanford, North Carolina, The Pantry, Inc. is the leading independently operated convenience store chain in the southeastern United States and one of the largest independently operated convenience store chains in the country, with revenues for fiscal 2007 of approximately $6.9 billion. As of February 22, 2008, the Company operated 1,644 stores in eleven states under select banners, including Kangaroo Express, its primary operating banner. The Pantry’s stores offer a broad selection of merchandise, as well as gasoline and other ancillary services designed to appeal to the convenience needs of its customers.

 

Safe Harbor Statement

 

Statements made by the Company in this press release relating to future plans, events, or financial performance are “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. These forward-looking statements are based on the Company’s current plans and expectations and involve a number of risks and uncertainties that could cause actual results and events to vary materially from the results and events anticipated or implied by such forward-looking statements. Any number of factors could affect actual results and events, including, without limitation: the ability of the Company to take advantage of expected synergies in connection with acquisitions; the actual operating results of stores acquired; the ability of the Company to integrate acquisitions into its operations; fluctuations in domestic and global petroleum and gasoline markets; realizing expected benefits from our fuel supply agreements; changes in the competitive landscape of the convenience store industry, including gasoline stations and other non-traditional retailers located in the Company’s markets; the effect of national and regional economic conditions on the convenience store industry and the Company’s markets; the effect of regional weather conditions on customer traffic; financial difficulties of suppliers, including the Company’s principal suppliers of gasoline and merchandise, and their ability to continue to supply its stores; environmental risks associated with selling petroleum products; governmental regulations, including those relating to the environment; and acts of war or terrorist activity. These and other risk factors are discussed in the Company’s Annual Report on Form 10-K and in its other filings with the Securities and Exchange Commission. In addition, the forward-looking statements included in this press release are based on the Company’s estimates and plans as of February 22, 2008. While the Company may elect to update these forward-looking statements at some point in the future, it specifically disclaims any obligation to do so.

 

 

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