UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K/A
CURRENT REPORT
Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): August 10, 2005
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JACK IN THE BOX INC.
(Exact name of registrant as specified in its charter)
DELAWARE 1-9390 95-2698708
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(State or other jurisdiction (Commission File (I.R.S. Employer
of incorporation) Number) Identification Number)
9330 BALBOA AVENUE, SAN DIEGO, CA 92123
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(Address of principal executive offices) (Zip Code)
(858) 571-2121
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(Registrant's telephone number, including area code)
N/A
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(Former Name or Former Address, if Changed Since Last Report)
Check the appropriate box below if the Form 8-K is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions (see General Instruction A.2. below):
|_| 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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EXPLANATORY NOTE:
This Form 8-K/A amends the Form 8-K filed on August 10, 2005, in order
to attach financial statements for the correct quarter. On August 10, 2005 Jack
in the Box Inc. furnished on Form 8-K a press release announcing the company's
third-quarter results and fourth-quarter guidance and updating its fiscal 2005
forecast. Inadvertently, the company's first quarter Unaudited Condensed
Consolidated Balance Sheet was attached to that press release rather than the
appropriate third-quarter Unaudited Condensed Consolidated Balance Sheet.
ITEM 2.02 RESULTS OF OPERATIONS AND FINANCIAL CONDITION
Attached hereto as Exhibit 99.1 and incorporated herein by reference
is the press release announcing the company's third-quarter results,
fourth-quarter guidance and updating its fiscal 2005 forecast and including
financial statements for the third quarter, fiscal 2005.
In the press release announcing third-quarter operating results, the
company provides both earnings per diluted share determined in accordance with
generally accepted accounting principles (GAAP) and earnings per diluted share
excluding both (i) a fiscal 2004 charge related to refinancing, which was
recorded in interest expense and (ii) the effect of the 53rd week of fiscal year
2004. This non-GAAP financial measure is used by management to evaluate
financial and operating performance. Management does not consider the
refinancing charge to be directly related to operating results for the period.
Not all fiscal years have 53 weeks. Use of this non-GAAP measure also
facilitates comparisons between current and prior period financial results and
to the results of the company's competitors. This financial measure is also
comparable to forecasts made by securities analysts and others, which generally
exclude special items, as they are difficult to predict in advance. Non-GAAP
measures are not intended to be a substitute for net earnings determined in
accordance with GAAP.
ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS
(C) EXHIBITS
The following exhibits are furnished with this Report:
Exhibit
No. Description
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99.1 Press Release of Jack in the Box Inc. dated August 10, 2005
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SIGNATURES
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.
JACK IN THE BOX INC.
By: JERRY P. REBEL
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Jerry P. Rebel
Senior Vice President
Chief Financial Officer
(Principal Financial Officer)
(Duly Authorized Signatory)
Date: August 10, 2005