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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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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): March 14, 2005
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KRISPY KREME DOUGHNUTS, INC.
(Exact name of registrant as specified in its charter)
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North Carolina 001-16485 56-2169715
(State or other jurisdiction (Commission (I.R.S. Employer
of incorporation) File Number) Identification No.)
370 Knollwood Street, Winston-Salem, North Carolina 27103
(Address of principal executive offices)
Registrant's telephone number, including area code: (336) 725-2981
Not Applicable
(Former name or former address, if changed since last report)
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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))
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Item 1.01 Entry into a Material Definitive Agreement.
As previously disclosed in a Current Report on Form 8-K filed by Krispy
Kreme Doughnuts, Inc. (the "Company") on February 10, 2005, the Company entered
into a Services Agreement with Stephen F. Cooper, Steven G. Panagos, and Kroll
Zolfo Cooper LLC ("KZC") effective as of January 18, 2005 (the "Services
Agreement"). The Services Agreement provides for the payment by the Company to
KZC of a success fee, the amount of which was to be mutually agreed upon by the
Company and KZC within sixty days of the date of the Services Agreement. On
March 14, 2005, the Company entered into a letter agreement dated March 10, 2005
(the "Letter Agreement") with Stephen F. Cooper, Steven G. Panagos and KZC
extending the deadline for negotiating the success fee to April 30, 2005. The
Letter Agreement is attached hereto as Exhibit 10.1 and is hereby incorporated
into this Item 1.01 by reference.
Item 8.01 Other Items
On March 18, 2005, Krispy Kreme Doughnuts, Inc. issued a press release
announcing that its wholly-owned subsidiary, Krispy Kreme Doughnut Corporation,
was served with a purported class action that asserts claims under the Employee
Retirement Income Security Act. A copy of the press release is attached hereto
as Exhibit 99.1, and the press release is incorporated by reference into this
Item 8.01.
Item 9.01. Financial Statements and Exhibits.
(c) Exhibits. The following exhibits are filed herewith:
Exhibit No. Description
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10.1 Letter Agreement dated March 10, 2005, by and between
Krispy Kreme Doughnuts, Inc., Stephen F. Cooper,
Steven G. Panagos and Kroll Zolfo Cooper LLC.
99.1 Press release ("Krispy Kreme Announces ERISA
Litigation") dated March 18, 2005.
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.
KRISPY KREME DOUGHNUTS, INC.
Dated: March 18, 2005
By: /s/ Michael C. Phalen
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Michael C. Phalen
Chief Financial Officer