United States Securities and Exchange Commission
Washington, DC 20549
FORM 10-Q/A |
Amendment No. 1 |
x | Quarterly report pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 | |
For the quarterly period ended July 29, 2006. | ||
or | ||
o | Transition report pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 | |
Commission File Number 0-23874 |
Jos. A. Bank Clothiers, Inc.
(Exact name of registrant as specified in its charter)
Delaware | 36-3189198 | |
(State incorporation) | (I.R.S. Employer | |
Identification | ||
Number) | ||
500 Hanover Pike, Hampstead, MD | 21074-2095 | |
(Address of Principal Executive Offices) | (Zip Code) |
410-239-2700
(Registrant’s telephone number including area code)
None
(Former name or former address, if changed since last report)
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.
Yesx Noo
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, or a non-accelerated filer (see definition of “accelerated filer and large accelerated filer” in Rule 12b-2 of the Exchange Act):
Large accelerated filero | Accelerated filerx | Non-accelerated filero |
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act):
Yeso Nox
Indicate the number of shares outstanding of each of the issuer’s classes of common stock, as of the latest practicable date:
EXPLANATORY NOTE
This Amendment No. 1 to our Quarterly Report on Form 10-Q for the fiscal quarter ended July 29, 2006, as originally filed on September 7, 2006, is being filed solely to submit Exhibit 3.1 as an exhibit thereto, to amend the Exhibit Index included in Item 6 of Part II to modify the description of Exhibit 3.1, and to replace the Certifications of Principal Executive Officer and Principal Financial Officer pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. The replacement Exhibits 32.1 and 32.2 contain the corrected quarter ended date July 29, 2006.
Except as described above, no other changes have been made to the Report. This Amendment No. 1 does not update any other disclosures to reflect developments since the original date of filing.
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PART II. | OTHER INFORMATION |
Item 6. | Exhibits |
Exhibits |
3.1 | Certificate of Amendment of the Restated Certificate of Incorporation of the Company and the Restated Certificate of Incorporation of the Company. |
31.3 | Certification of Chief Executive Officer pursuant to Rule 13a-14 or 15d-14(a). |
31.4 | Certification of Chief Financial Officer pursuant to Rule 13a-14 or 15d-14(a). |
32.1 | Certification by Chief Executive Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. |
32.2 | Certification by Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. |
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 thereunto duly authorized.
Dated: September 15, 2006 | Jos. A. Bank Clothiers, Inc. | ||
(Registrant) | |||
/s/ David E. Ullman | |||
David E. Ullman | |||
Executive Vice President, | |||
Chief Financial Officer | |||
(Principal Financial and Accounting Officer and | |||
Duly Authorized Officer) |
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Exhibit Index
Exhibits
3.1 | Certificate of Amendment of the Restated Certificate of Incorporation of the Company and the Restated Certificate of Incorporation of the Company. |
31.3 | Certification of Chief Executive Officer pursuant to Rule 13a-14 or 15d-14(a). |
31.4 | Certification of Chief Financial Officer pursuant to Rule 13a-14 or 15d-14(a). |
32.1 | Certification by Chief Executive Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. |
32.2 | Certification by Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. |