1
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-Q/A
AMENDMENT 1
[X] QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE
ACT OF 1934
FOR THE QUARTERLY PERIOD ENDED JULY 3, 1999
[ ] TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934
For the transition period from __________ to ________
Commission file number 1-12104
BACK YARD BURGERS, INC.
(Exact name of registrant as specified in its charter)
DELAWARE 64-0737163
(State or other jurisdiction of (I.R.S. Employer
incorporation or organization) Identification No.)
2768 COLONY PARK DRIVE, MEMPHIS, TENNESSEE 38118
(Address of principal executive offices)
(901) 367-0888
(Registrant's telephone number)
Check whether the registrant (1) filed all reports required to be filed by
Section 13 or 15(d) of the Exchange Act during the past 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.
Yes [X] No [ ]
Indicate the number of shares outstanding of each of the issuer's classes of
common stock, as of the latest practicable date.
Class - Common stock, par value $.01 per share
Outstanding at August 12, 1999 - 4,612,213
2
Item 4 of Part II of the registrant's Form 10-Q for the quarterly
period ended July 3, 1999, inadvertently contained incorrect names of directors
elected at the registrant's 1999 Annual Meeting. While all other information was
correct, said Item 4 is hereby amended in its entirety as follows so as to
reflect the correct names in such filing:
Item 4 Submission of Matters to a Vote of Security Holders
On May 20, 1999, the company held its Annual Meeting of
Stockholders in Memphis, Tennessee, for the purpose of: (1)
electing two Class II members to the Board of Directors; (2)
ratifying the appointment of PricewaterhouseCoopers LLP as
independent public accountants for 1999, and (3) to transact such
other business as may have properly come before the meeting or an
adjournment thereof.
The following table sets forth the Class II directors
elected at such meeting and the number of votes cast by the
company's stockholders for, against and withheld for each
director:
Directors For Against Withheld
--------- --- ------- --------
W. Kurt Henke 4,229,983 3,450 43,285
William N. Griffith 4,229,983 3,450 43,285
The appointment of PricewaterhouseCoopers LLP as
independent public accountants was ratified at the meeting as
follows:
For 4,229,983
Against 3,450
Abstentions 43,285
2
3
SIGNATURES
In accordance with 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 thereto duly authorized.
BACK YARD BURGERS, INC.
Date: September 2, 1999 By: /s/ Lattimore M. Michael
- ----------------------- -----------------------------------
Lattimore M. Michael
Chairman and Chief Executive
Officer
Date: September 2, 1999 By: /s/ Michael G. Webb
- ----------------------- -----------------------------------
Michael G. Webb
Chief Financial Officer
3