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)
August 7, 2008
FROZEN FOOD EXPRESS INDUSTRIES, INC.
(Exact Name of Registrant as Specified in its Charter)
Texas (State or Other Jurisdiction of Incorporation) | 1-10006 (Commission File Number) | 75-1301831 (IRS Employer Identification No.) |
1145 Empire Central Place Dallas, Texas 75247-4309 (Address of Principal Executive Offices) | | (214) 630-8090 (Registrant's telephone number, including area code) |
| | 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: |
| r | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| r | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| r | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| r | 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 |
| | On August 7, 2008 the Registrant and its banks agreed to the terms of the Fourth Amendment to the Amended and Restated Credit Agreement between Comerica Bank-Texas as administrative agent for itself and other banks, LaSalle Bank National Association, as collateral agent and syndication agent for itself and other banks and FFE Transportation Services, Inc., as Borrower and certain of its affiliates as of October 12, 2006. A copy of the Fourth Amendment is filed herewith as Exhibit 10.1. The amendment will enable the Registrant to pay cash dividends on the Registrant’s Common Stock in an aggregate amount not to exceed $525 thousand between July 31, 2008 and December 31, 2008. The Registrant’s Board of Directors will consider the payment of such a dividend at an upcoming meeting. |
| ITEM 9.01. | Financial Statements and Exhibits |
| | (d) EXHIBITS |
| | The following exhibits are filed pursuant to Item 9.01 of Form 8-K. |
| | |
| 10.1 | Fourth Amendment to the Amended and Restated Credit Agreement between Comerica Bank-Texas as administrative agent for itself and other banks, LaSalle Bank National Association, as collateral agent and syndication agent for itself and other banks and FFE Transportation Services, Inc. as Borrower and certain of its affiliates as of October 12, 2006. |
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.
| | FROZEN FOOD EXPRESS INDUSTRIES, INC. |
| | | | |
| | | | |
Dated: August 11, 2008 | By: | /s/ Thomas G. Yetter | |
| | | Thomas G. Yetter Senior Vice President and Chief Financial Officer (Principal Financial Officer) | |
| EXHIBIT INDEX | |
| | |
| Exhibit Title |
| 10.1 | Fourth Amendment to Amended and Restated Credit Agreement between Comerica Bank-Texas as administrative agent for itself and other banks, LaSalle Bank National Association, as collateral agent and syndication agent for itself and other banks and FFE Transportation Services, Inc. as Borrower and certain of its affiliates as of October 12, 2006. |
