UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 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): October 22, 2008
RUBIO’S RESTAURANTS, INC.
(Exact Name of Registrant as Specified in Charter)
| | | | | |
Delaware | | 000-26125 | | 33-0100303 |
(State or Other Jurisdiction of Incorporation) | | (Commission File Number) | | (IRS Employer Identification No.) |
1902 Wright Place, Suite 300, Carlsbad, California 92008
(Address of Principal Executive Offices, with Zip Code)
(760) 929-8226
(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 (see General 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 8.01. Other Events.
On October 22, 2008, Rubio’s Restaurants, Inc. (the “Company”) issued a press release announcing that its Board of Directors has determined it to be in the best interests of the Company and its stockholders to reject the unsolicited letter of interest from Kelly Capital, dated October 15, 2008. A copy of the press release is furnished herewith as Exhibit 99.1.
Item 9.01. Financial Statements and Exhibits.
| Exhibit No. | | Description |
| | | |
| 99.1 | | Press Release, dated October 22, 2008, announcing that the Company’s Board of Directors has determined it to be in the best interests of the Company and its stockholders to reject the unsolicited letter of interest from Kelly Capital, dated October 15, 2008. |
SIGNATURE
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 thereunto duly authorized.
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| Dated: October 22, 2008 | RUBIO’S RESTAURANTS, INC. |
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| | By: | /s/ Frank Henigman |
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Frank Henigman |
| | Chief Financial Officer |
EXHIBIT INDEX
| Exhibit No. | | Description |
| | | |
| 99.1 | | Press Release, dated October 22, 2008, announcing that the Company’s Board of Directors has determined it to be in the best interests of the Company and its stockholders to reject the unsolicited letter of interest from Kelly Capital, dated October 15, 2008. |
