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)
September 28, 2022
(Exact name of registrant as specified in its charter)
| Nevada | | 000-18590 | | 84-1133368 |
(State or other jurisdiction of incorporation) | | (Commission File Number) | | (IRS Employer Identification No.) |
651 Corporate Circle, Suite 200, Golden, CO 80401
(Address of principal executive offices including zip code)
Registrant’s telephone number, including area code: (303) 384-1400
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 (see General Instruction A.2.):
| ¨ | 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)) |
Securities registered pursuant to Section 12(b) of the Act:
| Title of each class | | Trading
Symbol(s) | | Name of each exchange
on which registered |
| Common Stock, $0.001 par value | | GTIM | | Nasdaq Stock Exchange |
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (17 CFR §230.405) or Rule 12b-2 of the Securities Exchange Act of 1934 (17 CFR §240.12b-2).
Emerging growth company ¨
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ¨
| Item 5.02 | Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers. |
On September 28, 2022, Good Times Restaurants Inc. (the “Company”) entered into an amendment to the Second Amended and Restated Employment Agreement (the “First Amendment”) with Ryan Zink, the Company’s Chief Executive Officer. The First Amendment modifies certain terms of the Second Amended and Restated Employment Agreement executed by the Company and Mr. Zink on December 24, 2020.
The principal changes provided by the First Amendment provide that Mr. Zink’s annual salary is increased to $350,000 and severance payable in connection with Mr. Zink’s death or disability shall be paid in one lump sum. This description of the First Amendment is qualified in its entirety by the terms and conditions of the First Amendment to Second Amended and Restated Employment Agreement filed as Exhibit 10.1 to this Form 8-K, which is incorporated by reference herein.
| Item 9.01 | Financial Statements and Exhibits. |
| (d) | | Exhibits. The following exhibits are filed as part of this report: |
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.
| | GOOD TIMES RESTAURANTS INC. | |
| | | | |
| Date: September 30, 2022 | By: |  |
| | | Ryan M. Zink | |
| | | Chief Executive Officer | |
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