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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 31, 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.
On March 31, 2005, Krispy Kreme Doughnuts, Inc. ("KKDI") entered into an
amendment (the "Amendment ") to its Services Agreement with Stephen F. Cooper,
Steven G. Panagos and Kroll Zolfo Cooper LLC ("KZC") dated as of January 18,
2005, as amended by that certain Letter Agreement dated March 10, 2005 (the
"Services Agreement"). The Amendment provides that KZC, except under certain
limited circumstances, will not terminate the Services Agreement in a manner
that would result in an event of default under senior secured credit facilities
entered into on April 1, 2005 by KKDI's wholly-owned subsidiary, Krispy Kreme
Doughnut Corporation. The Amendment is attached hereto as Exhibit 10.1 and is
hereby incorporated into this Item 1.01 by reference.
Item 9.01. Financial Statements and Exhibits.
(c) Exhibits. The following exhibit is filed herewith:
Exhibit No. Description
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10.1 Amendment to Services Agreement dated as of March 31, 2005, by
and between KKDI, Stephen F. Cooper, Steven G. Panagos and KZC.
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: April 6, 2005
By: /s/ Michael C. Phalen
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Michael C. Phalen
Chief Financial Officer