8-K 1 d8k.htm FORM 8-K Form 8-K

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):   November 15, 2007

 


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

  27330-1410
(Address of principal executive offices)   (Zip Code)

(919) 774-6700

Registrant’s telephone number, including area code

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:

 

¨ 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))

 



Item 2.02. Results of Operations and Financial Condition.

On November 15, 2007, The Pantry, Inc. (the “Company”) issued a press release announcing results for its fourth fiscal quarter and fiscal year ended September 27, 2007. The press release is attached as Exhibit 99.1 hereto and is incorporated herein by reference.

 

Item 7.01. Regulation FD Disclosure.

In the attached press release, the Company expressed comfort with its previous outlook for merchandise sales and provided updated guidance regarding certain other expectations for fiscal 2008. In addition, the Company believes that during fiscal 2008 store operating and general and administrative expenses will be in a range of $633.0 million to $643.0 million, depreciation and amortization expense will be in a range of $109.0 million to $113.0 million and interest expense will be in a range of $86.0 million to $91.0 million.

Pursuant to General Instruction B.2 of Current Report on Form 8-K, the information in Items 2.02 and 7.01 of this report, including the press release attached as Exhibit 99.1, is furnished and shall not be deemed to be “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section. Furthermore, such information shall not be deemed to be incorporated by reference into the filings of the registrant under the Securities Act of 1933, as amended.

 

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits.

 

Exhibit No.  

Description of Document

99.1   Press Release dated November 15, 2007


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 PANTRY, INC.
By:  

/s/ Frank G. Paci

  Frank G. Paci
  Sr. Vice President – Finance, Chief Financial Officer and Secretary

Date: November 15, 2007


EXHIBIT INDEX

 

Exhibit No.  

Description of Document

99.1   Press Release dated November 15, 2007