8-K 1 esppamend.htm 8-K FOR ESPP AMENDMENT esppamend.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 26, 2009
 
 
CKE Restaurants, Inc.
 
__________________________________________
 
(Exact name of registrant as specified in its charter)
 
     
Delaware
1-11313
33-0602639
_____________________
(State or other jurisdiction
_____________
(Commission
______________
(I.R.S. Employer
of incorporation)
File Number)
Identification No.)
  
   
6307 Carpinteria Ave., Ste. A, Carpinteria, California
 
93013
_________________________________
(Address of principal executive offices)
 
___________
(Zip Code)

     
Registrant’s telephone number, including area code:
 
(805)745-7500
 
Not Applicable
 
 
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 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
 
 
On February 26, 2009, the Board of Directors of CKE Restaurants, Inc. (the "Company") approved and adopted the Amended and Restated 1994 Employee Stock Purchase Plan (the "Plan").
 
The following is a brief summary of the amendments to the Plan. This summary is not complete and is qualified in its entirety by reference to the full text of the Plan, which will be filed as an exhibit to the Company’s next periodic report:
 
·  
increase the number of shares of the Company's common stock available for issuance under the Plan by 1,500,000 to a total of 5,407,500;
 
 
·  
remove the requirement that restaurant employees and non-restaurant employees who are paid on an hourly basis be required to work at least thirty (30) hours per week in order to qualify for participation in the Plan; and
 
 
·  
limit the types of shares that can be delivered to participants under the Plan to only shares that are purchased on the open market, regardless of whether such shares are purchased from funds contributed by Plan participants or by the Company through matching contributions.
 
Because all shares issued under the Plan are provided through open market purchases, the operation of the Plan has no impact on the Company's outstanding share count.

 
 
 

 

 
 
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.
 
         
 
CKE RESTAURANTS, INC.
 
     
March 4, 2009
/s/ Theodore Abajian
 
 
Theodore Abajian
 
 
Executive Vice President and Chief Financial Officer