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 17, 2004
Centerplate, Inc.
(Exact Name of Registrant as Specified in its Charter)
| | | | | |
| Delaware | | 001-31904 | | 13-3870167 |
| |
| |
|
(State or other jurisdiction
of incorporation) | | (Commission File Number) | | (I.R.S. Employer
Identification No.) |
| | | |
| 201 East Broad Street, Spartanburg, SC | | 29306 |
| |
|
| (Address of principal executive offices) | | (Zip Code) |
Registrant’s telephone number, including area code: (864) 598-8600
(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 (seeGeneral Instruction A.2. below):
[ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
TABLE OF CONTENTS
Item 1.01 Entry into a Material Definitive Agreement
Pursuant to the terms of the Centerplate, Inc. Long-Term Performance Plan (the “Plan”) that was approved by security holders on October 13, 2004, the Compensation Committee of the Board of Directors of Centerplate, Inc. (the “Company”) is permitted to make performance-based awards to certain officers and other key employees of the Company. A copy of the Plan was filed on October 18, 2004 with the Securities and Exchange Commission as Exhibit 10.1 to the Company’s Form 8-K.
On November 17, 2004, the Compensation Committee designated three officers of the Company as participants in the 2004 and 2005 class awards programs, Lawrence E. Honig, Janet L. Steinmayer and Kenneth R. Frick. The Compensation Committee also approved the form of award letter pursuant to which the 2004 and 2005 class awards will be made and pursuant to which future class awards under the Plan are expected to be made. Separately, the Compensation Committee approved the form of award letter for employees other than senior executive officers. The two forms of award letters are included as Exhibits 10.1 and 10.2 to this Form 8-K.
Item 9.01 Financial Statements and Exhibits
| | | |
Exhibit
| | Description
|
| 10.1 | | Form of Award Letter under Long-Term Performance Plan for senior executive officers |
| | | |
| 10.2 | | Form of Award Letter under Long-Term Performance Plan for participants other than senior executive officers |
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.
Dated: November 23, 2004
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| | Centerplate, Inc.
| |
| | By: | /s/ Kenneth R. Frick | |
| | | Name: | Kenneth R. Frick | |
| | | Title: | Executive Vice President and CFO | |
| |
EXHIBIT INDEX
| | | |
Exhibit
| | Description
|
| 10.1 | | Form of Award Letter under Long-Term Performance Plan for senior executive officers |
| | | |
| 10.2 | | Form of Award Letter under Long-Term Performance Plan for participants other than senior executive officers |
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