UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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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): July 31, 2005
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KRISPY KREME DOUGHNUTS, INC.
(Exact name of registrant as specified in its charter)
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North Carolina | 001-16485 | 56-2169715 |
(State or other jurisdiction of incorporation) | (Commission File Number) | (I.R.S. Employer Identification No.) |
370 Knollwood Street, Winston-Salem, North Carolina 27103
(Address of principal executive offices)
Registrant’s telephone number, including area code: (336) 725-2981
Not Applicable
(Former name or former address, if changed since last report)
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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:
[ ] | 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-2(b)) |
[ ] | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
| Item 1.01 | Entry into a Material Definitive Agreement. |
In a Current Report on Form 8-K filed August 1, 2005, Krispy Kreme Doughnuts, Inc. (the “Company”) disclosed that on July 31, 2005, the Company and Kroll Zolfo Cooper LLC (“KZC”) agreed to the terms of the success fee under the Services Agreement pursuant to which KZC is providing management services to the Company. The success fee is in the form of a warrant issued to KZC.
A copy of the warrant issued to KZC is attached hereto as Exhibit 4.1 and is incorporated by reference into this Item 1.01.
| Item 9.01 | Financial Statements and Exhibits. | |
| (d) Exhibits. The following exhibit is filed herewith: | |
| Exhibit No. | Description |
| | |
| 4.1 | Warrant to Purchase Common Stock issued by Krispy Kreme Doughnuts, Inc.
in favor of Kroll Zolfo Cooper LLC, dated July 31, 2005. |
| | | | | | | |
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, hereunto duly authorized.
| KRISPY KREME DOUGHNUTS, INC. |
Dated: October 26, 2005 | |
| By: /s/ Michael C. Phalen |
| Michael C. Phalen |
| Chief Financial Officer |
