-----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, Tc9qcY0bujALK95geVRoe+4Xinq3BfbG4MWXpKVJqdNMkwfV36JX4swNSV/U0b90 TVvkRUoJGvv3Hv2Sj4SGXQ== 0000925178-06-000020.txt : 20060605 0000925178-06-000020.hdr.sgml : 20060605 20060605163358 ACCESSION NUMBER: 0000925178-06-000020 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20060601 ITEM INFORMATION: Departure of Directors or Principal Officers; Election of Directors; Appointment of Principal Officers ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20060605 DATE AS OF CHANGE: 20060605 FILER: COMPANY DATA: COMPANY CONFORMED NAME: MOVIE GALLERY INC CENTRAL INDEX KEY: 0000925178 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-VIDEO TAPE RENTAL [7841] IRS NUMBER: 631120122 STATE OF INCORPORATION: DE FISCAL YEAR END: 0103 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-24548 FILM NUMBER: 06886619 BUSINESS ADDRESS: STREET 1: 900 WEST MAIN STREET CITY: DOTHAN STATE: AL ZIP: 36301 BUSINESS PHONE: 3346772108 MAIL ADDRESS: STREET 1: 900 WEST MAIN STREET CITY: DOTHAN STATE: AL ZIP: 36301 8-K 1 r8k-0601.txt CURRENT REPORT ON 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) June 1, 2006 MOVIE GALLERY, INC. (Exact name of registrant as specified in its charter) Delaware 0-24548 63-1120122 (State or Other Jurisdiction (Commission (IRS Employer of Incorporation) File Number) Identification No.) 900 West Main Street Dothan, Alabama 36301 (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code (334) 677-2108 ------------------------------------------------------------- (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 PRINCIPAL OFFICERS; ELECTION OF DIRECTORS; APPOINTMENT OF PRINCIPAL OFFICERS On May 31, 2006, Mark D. Moreland, Interim Chief Financial Officer of Movie Gallery, Inc. (the "Company") gave notice to the Company that he would resign, effective June 15, 2006. On June 1, 2006, the Company appointed Thomas D. Johnson, Senior Vice President - Corporate Finance and Business Development, as Interim Chief Financial Officer in addition to his current responsibilities. A copy of the press release announcing Mr. Moreland's resignation and Mr. Johnson's interim appointment is attached hereto as Exhibit 99.1. ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS (d) Exhibits 99.1 Press Release dated June 1, 2006. 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. MOVIE GALLERY, INC. Date: June 5, 2006 /S/ Thomas D. Johnson - ------------------------------------ Thomas D. Johnson Senior Vice President - Corporate Finance and Business Development and Interim Chief Financial Officer INDEX TO EXHIBITS 99.1 Press Release dated June 1, 2006. EX-99 2 ex99.txt EXHIBIT 99.1 MOVIE GALLERY APPOINTS THOMAS JOHNSON INTERIM CHIEF FINANCIAL OFFICER DOTHAN, Ala., June 1, 2006 -- Movie Gallery, Inc. (Nasdaq: MOVI) today announced that Thomas D. Johnson, Senior Vice President - Corporate Finance and Business Development, has been appointed Interim Chief Financial Officer in addition to his current responsibilities. The appointment follows the resignation of Mark D. Moreland, Movie Gallery's Interim Chief Financial Officer. Mr. Moreland has accepted the position of Chief Financial Officer at Knowledge Learning Corporation, a childcare provider based in Portland, Oregon. He will remain with Movie Gallery through June 15, 2006. Joe Malugen, Chairman, President and Chief Executive Officer, said, "We thank Mark for his meaningful contributions to our Company and wish him continued success. I also want to thank Thomas Johnson for temporarily assuming this additional responsibility. A process is already well underway to identify a qualified candidate to fill the CFO position on a permanent basis." About Movie Gallery Movie Gallery is the second largest North American video rental company with approximately 4,800 stores located in all 50 U.S. states, Canada and Mexico. Since the Company's initial public offering in August 1994, Movie Gallery has grown from 97 stores to its present size through acquisitions and new store openings. Forward Looking Statements To take advantage of the "safe harbor" provisions of the Private Securities Litigation Reform Act of 1995, you are hereby cautioned that this release contains forward-looking statements, including descriptions of the Company's process to find a permanent Chief Financial Officer, that are based upon the Company's current intent, estimates, expectations and projections and involve a number of risks and uncertainties. Various factors exist which may cause results to differ from these expectations. These risks and uncertainties include, but are not limited to, the risk factors that are discussed from time to time in the Company's SEC reports, including, but not limited to, the annual report on Form 10-K for the fiscal year ended January 1, 2006. In addition to the potential effect of these ongoing factors, the Company's operations and financial performance may be adversely effected if, among other factors; (i) same-store revenues are less than projected; (ii) the Company is unable to comply with the revised financial covenants contained in its senior credit facility; (iii) the Company's operational improvement initiatives and planned reductions in salaried and administrative office staff fail to generate anticipated cost reductions; (iv) the availability of new movie releases priced for sale negatively impacts the consumers' desire to rent movies; (v) unforeseen issues with the continued integration of the Hollywood Entertainment business; (vi) the Company's actual expenses or liquidity requirements differ from estimates and expectations; (vii) consumer demand for movies and games is less than expected; (viii) the availability of movies and games is less than expected; or (ix) competitive pressures are greater than anticipated. The Company undertakes no obligation to update any forward-looking statements, whether as a result of new information, future events, or otherwise. Contact Andrew B. Siegel of Joele Frank, Wilkinson Brimmer Katcher, 212-355-4449 ext. 127 ### -----END PRIVACY-ENHANCED MESSAGE-----