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 4, 2003
AFC Enterprises, Inc.
(Exact name of registrant as specified in its charter)
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| Minnesota | | 000-32369 | | 58-2016606 |
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| (State or other | | (Commission | | (IRS Employer |
| jurisdiction | | File Number) | | Identification Number) |
| of incorporation) | | | | |
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| Six Concourse Parkway, Suite 1700, Atlanta, Georgia | | 30328-5352 |
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| (Address of principal executive offices) | | (Zip Code) |
Registrant’s telephone number, including area code:(770) 391-9500
Not applicable
(Former Name or Former Address, if Changed Since Last Report)
TABLE OF CONTENTS
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| Item 7. | | Financial Statements, Pro Forma Financial Information and Exhibits. |
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| (c) | | Exhibits. |
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| 99.1 | | Press Release dated November 4, 2003. |
| 99.2 | | Transcript of conference call regarding AFC Enterprises, Inc.’s third quarter 2003 operating results. |
| 99.3 | | 2003 YTD Operational Performance Charts. |
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| Item 9. | | Regulation FD Disclosure. |
The Company is furnishing a quarterly breakdown for each of the first three quarters of 2003 and year-to-date information for 2003 for total domestic comparable store sales, new unit openings, new commitments and unit count. A copy of this information is attached hereto as Exhibit 99.3. Such information, including the Exhibits attached hereto, shall not be deemed “filed” for purposes of Section 18 of the Securities Act of 1934, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, except as shall be expressly set forth by specific reference in such filing.
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| Item 12. | | Results of Operations and Financial Condition. |
On November 4, 2003, AFC Enterprises, Inc. (the “Company”) announced third quarter 2003 operating performance results and provided an update on key business matters. A copy of the press release is attached hereto as Exhibit 99.1. On November 5, 2003, management of the Company conducted a conference call to review the Company’s third quarter 2003 operating performance results. The transcript of that call is attached hereto as Exhibit 99.2. Such information, including the Exhibits attached hereto, shall not be deemed “filed” for purposes of Section 18 of the Securities Act of 1934, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, except as shall be expressly set forth by specific reference in such filing.
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.
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| | | AFC ENTERPRISES, INC |
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| Date: November 12, 2003 | | By: | | /s/ Frank J. Belatti |
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| | | | | Frank J. Belatti
Chairman of the Board and
Chief Executive Officer |
EXHIBIT INDEX
99.1 Press Release dated November 4, 2003.
99.2 Transcript of Conference Call regarding AFC Enterprises, Inc.’s third quarter 2003 operating results.
99.3 2003 YTD Operational Performance Charts.
