1 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): April 10, 1998 Fresh Foods, Inc. ----------------- (Exact Name of Registrant as Specified in Charter) North Carolina 0-7277 33-0213512 - -------------- ------ ---------- (State or Other Jurisdiction (Commission (I.R.S. Employer of Incorporation) File Number) Identification No.) 1 WSMP Drive, P.O. Box 399, Claremont, NC 28610 - -------------------------------------------------------------------------------- (Address of Principal Executive Offices) (Zip Code) Registrant's telephone number, including area code: (704) 459-7626 WSMP, Inc. ---------- (Former Name or Former Address, if Changed Since Last Report) 2 Item 5. Other Events On April 10, 1998, a wholly-owned subsidiary of WSMP, Inc., subsequently renamed Fresh Foods, Inc. (the "Company"), entered into an Asset Purchase Agreement dated as of that date (the "Agreement") with Hudson Foods, Inc. ("Hudson"). The Agreement evidences the definitive terms and conditions of the purchase by the Company, through such subsidiary, of substantially all of the business in Cincinnati, Ohio, and a portion of the business in Caryville, Tennessee, conducted by the Pierre Foods Division of Hudson, a subsidiary of Tyson Foods, Inc. ("Tyson"). Each of the Company and Tyson has unconditionally guaranteed performance of the Agreement by its respective subsidiary. See the text of the Agreement, filed herewith as Exhibit 2.1 except for the schedules and exhibits to the Agreement (which have been omitted). The Company agrees to furnish supplementally to the Securities and Exchange Commission, upon request, a copy of any such omitted schedule or exhibit. Item 7. Exhibits 2.1 Asset Purchase Agreement dated as of April 10, 1998 between Fresh Foods of North Carolina, LLC and Hudson Foods, Inc. (schedules and exhibits omitted) 2 3 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. Date: May 13, 1998 FRESH FOODS, INC. By: /s/ David R. Clark ---------------------- Name: David R. Clark Title: President 3