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): August 12, 2013
TIM HORTONS INC.
(Exact name of registrant as specified in its charter)
| | | | |
| Canada | | 001-32843 | | 98-0641955 |
(State or other jurisdiction of incorporation) | | (Commission File Number) | | (IRS Employer Identification No.) |
| | |
| 874 Sinclair Road, Oakville, ON, Canada | | L6K 2Y1 |
| (Address of principal executive offices) | | (Zip Code) |
(905) 845-6511
(Registrant’s telephone number, including area code)
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. |
Beginning on Monday, August 12, 2013, following the release of second quarter earnings, Tim Hortons Inc. (the “Company”) plans to communicate with certain investors for engagement purposes. These discussions may include presentation materials. The presentation materials are attached hereto as Exhibit 99.1 and incorporated herein by reference. These materials may also be used by the Company at one or more subsequent presentations or conferences with analysts and/or investors.
The information contained in the attached presentation materials is summary information that is intended to be considered in the context of the Company’s prior Securities and Exchange Commission filings and other public announcements, including but not limited to those filed on August 8, 2013. Except as required by law, the Company undertakes no duty or obligation to publicly update or revise this information, although it may do so from time to time.
The information in this Current Report on Form 8-K, including Exhibit 99.1, shall not be deemed “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities under that section. Furthermore, the information in this Current Report on Form 8-K, including Exhibit 99.1, shall not be deemed to be incorporated by reference into the filings of the Company under the Securities Act of 1933. The furnishing of the information in this Current Report on Form 8-K is not intended to, and does not, constitute a determination or admission by the Company that the material in this Current Report on Form 8-K is material or complete.
| Item 9.01 | Financial Statements and Exhibits. |
(d) Exhibits.
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Exhibit 99.1 | | Slide presentation materials used beginning on August 12, 2013 |
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Exhibit 99.2 | | Safe Harbor Statement |
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.
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| | | | TIM HORTONS INC. |
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Date: August 12, 2013 | | | | By: | | /s/ JILL E. AEBKER |
| | | | | | Jill E. Aebker |
| | | | | | Executive Vice President, General Counsel and Secretary |
