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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
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)March 10, 2005
AFC Enterprises, Inc.
Minnesota
| 000-32369 | 58-2016606 |
| (Commission File Number) | (IRS Employer Identification No.) |
| Six Concourse Parkway, Suite 1700, Atlanta, Georgia | 30328-5352 |
| (Address of Principal Executive Offices) | (Zip Code) |
(770) 391-9500
Not applicable
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 (seeGeneral Instruction A.2. below):
| 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 2.02. Results of Operations and Financial Condition. | ||||||||
| Item 8.01. Other Events. | ||||||||
| Item 9.01. Financial Statements and Exhibits. | ||||||||
| SIGNATURES | ||||||||
| Press Release dated March 10, 2005 | ||||||||
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Item 2.02. Results of Operations and Financial Condition.
On March 10, 2005, AFC Enterprises, Inc. (the “Company”) announced operating performance results for the Company’s fiscal period 1, which began December 27, 2004 and ended January 23, 2005, and fiscal period 2, which began January 24, 2005 and ended February 20, 2005.
A copy of the Company’s press release is attached to this Current Report on Form 8-K as Exhibit 99.1 and is incorporated herein by reference.
Such information, including the Exhibits attached hereto, shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange 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 8.01. Other Events.
On March 10, 2005, the Company also announced that it would be unable to file its Form 10-K report when due on March 11, 2005 due to delays in completing certain portions of its financial statements. Those delays primarily resulted from the additional time required to prepare the financial statements reflecting its Church’s Chicken brand as a discontinued operation.
Item 9.01. Financial Statements and Exhibits.
(c) Exhibits.
99.1 Press Release dated March 10, 2005.
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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.
| AFC Enterprises, Inc. | ||||
| Date: March 11, 2005 | By: | /s/ Fred B. Beilstein | ||
| Fred B. Beilstein | ||||
| Chief Financial Officer | ||||