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
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| Date of Report (Date of Earliest Event Reported): | | September 14, 2009 |
Nash-Finch Company
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(Exact name of registrant as specified in its charter)
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| Delaware | 0-785 | 41-0431960 |
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(State or other jurisdiction | _____________
(Commission | ______________
(I.R.S. Employer |
| of incorporation) | File Number) | Identification No.) |
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| 7600 France Avenue South, Edina, Minnesota | | 55435 |
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(Address of principal executive offices) | | ___________
(Zip Code) |
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| Registrant’s telephone number, including area code: | | 952-832-0534 |
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 1.01 Entry into a Material Definitive Agreement.
On September 14, 2009, Nash-Finch Company ("Nash-Finch") entered into a settlement agreement and mutual release (the "Settlement Agreement") with Roundy’s Supermarkets, Inc., formerly known as Roundy’s, Inc. ("Roundy’s"), to settle certain claims and related litigation between the parties arising out of or relating to the sale from Roundy’s to Nash Finch of the assets and associated business of two wholesale distribution centers located in Lima, Ohio, and Westville, Indiana, as well as various other assets as described in an Asset Purchase Agreement between the parties, dated February 24, 2005, as amended February 2, 2006 (the "APA").
A copy of the Settlement Agreement is filed as Exhibit 10.1 to this Current Report on Form 8-K and is incorporated by reference herein.
Item 8.01 Other Events.
On September 14, 2009, Nash-Finch issued a press release, a copy of which is filed as Exhibit 99.1 to this Current Report on Form 8-K and is incorporated by reference herein, announcing the Settlement Agreement.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
Exhibit No. Description
10.1 Settlement Agreement and Mutual Release, dated September 14, 2009, by and between Roundy’s Supermarkets, Inc., formerly known as Roundy’s, Inc. and Nash-Finch Company.
99.1 Press Release issued by Nash-Finch Company on September 14, 2009.
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.
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| | | Nash-Finch Company |
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| September 14, 2009 | | By: | | /s/ Kathleen M. Mahoney
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| | | | | Name: Kathleen M. Mahoney |
| | | | | Title: General Counsel and Secretary |
Exhibit Index
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| Exhibit No. | | Description |
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10.1 | | Settlement Agreement and Mutual Release, dated September 14, 2009, by and between Roundy’s Supermarkets, Inc., formerly known as Roundy’s, Inc. and Nash-Finch Company |
99.1 | | Press Release issued by Nash-Finch Company on September 14, 2009 |
