8-K 1 a04-15096_18k.htm 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):  December 16, 2004

 

 

Movie Gallery, Inc.

(Exact name of registrant as specified in its charter)

 

 

Delaware

 

0-24548

 

63-1120122

(State or other jurisdiction

 

(Commission File Number)

 

(IRS Employer

of incorporation)

 

 

 

Identification Number)

 

 

 

 

 

900 West Main Street

 

 

 

 

Dothan, Alabama

 

 

 

36301

(Address of principal executive offices)

 

 

 

(Zip Code)

 

 

(334) 677-2108

(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:

 

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 1.01  Entry into a Material Definitive Agreement

 

On December 16, 2004, the Company amended its 2003 Employee Stock Purchase Plan modifying payroll deduction dates, eligibility and withdrawal requirements.  The amendment is filed as an exhibit to this Report.

 

Item 9.01  Financial Statements and Exhibits

 

(c) The following exhibit is filed as part of this report:

 

10.1  Amendment to the Movie Gallery, Inc. 2003 Employee Stock Purchase Plan, dated December 16, 2004

 

 

2


 

 

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: December 20, 2004

 

 

 

 

 

 

 

BY:

 

 /s/ Ivy M. Jernigan

 

 

Ivy M. Jernigan

 

 

Senior Vice President and

 

 

Chief Financial Officer

 

 

3


 

 

 

INDEX TO EXHIBITS

 

10.1               Amendment to the Movie Gallery, Inc. 2003 Employee Stock Purchase Plan, dated December 16, 2004

 

 

4