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 23, 2005
————————————
KRISPY KREME DOUGHNUTS, INC.
(Exact name of registrant as specified in its charter)
————————————
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)
————————————
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 7.01 Regulation FD Disclosure.
On November 23, 2005, an article appeared on the website of Business Week following an interview with Stephen F. Cooper, the Chief Executive Officer of Krispy Kreme Doughnuts, Inc. (the “Company”). The "440 outlets" referred to in the article were comprised of 402 factory stores and 38 satellites. Currently, the Company has approximately 350 factory stores and approximately 70 satellites. The article contains certain information regarding the future operations and financial goals of the Company. A copy of the article is attached hereto as Exhibit 99.1 and is incorporated by reference into this Item 7.01. This information is furnished and not filed.
Certain matters discussed herein, other than historical information, should be considered forward-looking. Forward-looking statements are subject to various risks, uncertainties and assumptions. Should one or more of these risks or uncertainties materialize, or should underlying assumptions prove incorrect, actual results may vary materially from those anticipated, estimated or expected. Among the key factors that may have a direct bearing on the Company’s operating results, performance or financial condition are the outcome of the pending formal investigation by the United States Securities and Exchange Commission and the investigation by the United States Attorney's Office for the Southern District of New York, the pending shareholder class action, the pending shareholder derivative action, the pending ERISA class action, further actions by the Special Committee, the Company’s auditors' ongoing review of the Company’s financial statements, actions taken by lenders to the Company and its joint ventures and actions taken by the Company’s franchisees, dependence on the ability of the Company’s franchisees to execute on their business plans, supply issues, changes in consumer preferences and perceptions, the failure of new products or cost saving initiatives to contribute to financial results in the timeframe or amount currently estimated and numerous other factors discussed in the Company’s periodic reports and proxy statements filed with the Securities and Exchange Commission.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits. The following exhibit is furnished herewith:
Exhibit No. Description
99.1 Article (“Krispy Kreme Has That Glazed Look”) dated November 23, 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: November 23, 2005
By: /s/ Michael C. Phalen
Michael C. Phalen
Chief Financial Officer
