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 15, 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
jurisdiction
of incorporation) | | (Commission
File Number) | | (IRS Employer
Identification Number) |
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| Six Concourse Parkway, Suite 1700, Atlanta, Georgia | | 30328-5352 |
| |
|
| (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)
Item 7. Financial Statements, Pro Forma Financial Information and
Exhibits.
(c) Exhibits.
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| 99.1 | | Press Release dated December 15, 2003. |
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| 99.2 | | Press Release dated December 15, 2003. |
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| 99.3 | | Press Release dated December 16, 2003. |
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| 99.4 | | Transcript of conference call regarding the Company’s Annual Report on Form 10-K for 2002 and restated financial statements for fiscal years 2000 and 2001. |
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| 99.5 | | Summary of Adjustments to Financial Statements. |
Item 9. Regulation FD Disclosure.
AFC Enterprises, Inc. (the “Company”) is furnishing a summary of the adjustments to the Company’s previously issued financial statements for fiscal years 2000 and 2001, and the first three quarters of fiscal years 2002. A copy of this information is attached hereto as Exhibit 99.5. 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.
Item 12. Results of Operations and Financial Condition.
On December 15, 2003, the Company announced the filing of its Annual Report on Form 10-K for 2002 and restated financial statements for fiscal years 2000 and 2001. Also on December 15, 2003, the Company issued a press release highlighting these results. On December 16, 2003, the Company released key operating performance measures for the Company’s fiscal period 11, and fiscal period 12. Copies of the Company’s press releases are attached to this Current Report on Form 8-K as Exhibit 99.1, Exhibit 99.2 and Exhibit 99.3 and are incorporated herein by reference.
On December 16, 2003, management of the Company conducted a conference call to review the results disclosed in its Annual Report on Form 10-K for 2002 and restated financial statements for fiscal years 2000 and 2001. The transcript of that call is attached hereto as Exhibit 99.4.
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: December 19, 2003 | | By: | | /s/ Frank J. Belatti |
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| | | | | Frank J. Belatti
Chairman of the Board and Chief Executive Officer |
EXHIBIT INDEX
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| 99.1 | | Press Release dated December 15, 2003. |
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| 99.2 | | Press Release dated December 15, 2003. |
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| 99.3 | | Press Release dated December 16, 2003. |
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| 99.4 | | Transcript of conference call regarding the Company’s Annual Report on Form 10-K for 2002 and restated financial statements for fiscal years 2000 and 2001. |
| 99.5 | | Summary of Adjustments to Financial Statements. |
