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 2, 2007
THE PANTRY, INC.
(Exact name of registrant as specified in its charter)
| | | | |
| Delaware | | 000-25813 | | 56-1574463 |
(State or other jurisdiction of incorporation) | | (Commission File Number) | | (IRS Employer Identification No.) |
| | |
1801 Douglas Drive Sanford, North Carolina | | 27330-1410 |
| (Address of principal executive offices) | | (Zip Code) |
(919) 774-6700
Registrant’s telephone number, including area code
N/A
(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 2.02. Results of Operations and Financial Condition.
On August 2, 2007, The Pantry, Inc. (the “Company”) issued a press release announcing results for the third quarter of its fiscal year ended September 27, 2007. The press release is attached as Exhibit 99.1 hereto and is incorporated herein by reference.
On July 10, 2007, the Company’s Chairman and Chief Executive Officer stated the Company’s belief that diluted earnings per share for fiscal 2007 will be between $1.65 and $1.80. This annual guidance assumes, among other things, an increase in comparable store merchandise sales of approximately 2.0%, merchandise margin in a range of 37.0% to 37.5%, an increase in comparable store gasoline gallons of just over 1.0% and a gasoline margin of approximately 11.5 cents per gallon.
Pursuant to General Instruction B.2 of Current Report on Form 8-K, the information in Item 2.02 of this report, including the press release attached as Exhibit 99.1, is furnished and shall not be deemed to be “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section. Furthermore, the information in Item 2.02 of this report shall not be deemed to be incorporated by reference into the filings of the registrant under the Securities Act of 1933, as amended.
Item 9.01. Financial Statements and Exhibits.
| | |
| Exhibit No. | | Description of Document |
| 99.1 | | Press Release dated August 2, 2007 |
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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| THE PANTRY, INC. |
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| By: | | /s/ Frank G. Paci |
| | Frank G. Paci Sr. Vice President – Finance, Chief Financial Officer and Secretary |
Date: August 2, 2007
EXHIBIT INDEX
| | |
| Exhibit No. | | Description of Document |
| |
| 99.1 | | Press Release dated August 2, 2007 |
