Friendly Ice Cream Corporation 8-K
UNITED
STATES
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)October
26, 2006
FRIENDLY
ICE CREAM CORPORATION
(Exact
Name Of Registrant As Specified In Its Charter)
(State
or
Other Jurisdiction of Incorporation)
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001-13579
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04-2053130
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(Commission
File Number)
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(I.R.S.
Employer Identification No.)
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1855
Boston Road, Wilbraham, MA
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01095
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(Address
of Principal Executive Offices)
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(Zip
Code)
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(Registrant’s
Telephone Number, Including Area Code)
(Former
Name or Former Address, if Changed Since Last Report)
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 (see
General
Instruction A.2. below):
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o
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Written
communications pursuant to Rule 425 under the Securities Act (17
CFR
230.425)
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o
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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o
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17
CFR
240.14d-2(b))
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o
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17
CFR
240.13e-4(c))
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Item
7.01 Regulation
FD Disclosure
The
information in this Current Report on Form 8-K and the exhibit attached hereto
are being furnished and shall not be deemed “filed” for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended (the
“Exchange Act”) or otherwise subject to the liabilities of that section, nor
shall they be deemed incorporated by reference in any filing under the
Securities Act of 1933, as amended, or the Exchange Act, regardless of any
general incorporation language in such filing.
CAUTIONARY
STATEMENT FOR PURPOSES OF THE "SAFE HARBOR" PROVISIONS OF THE PRIVATE SECURITIES
LITIGATION REFORM ACT OF 1995
The
letter
attached as an exhibit to this Current Report on Form 8-K contains
forward-looking statements regarding the Company, to which the following
cautionary statement applies:
Statements
contained in this Current Report on Form 8-K and the exhibit hereto that are
not
historical facts constitute “forward looking statements” as that term is defined
in the Private Securities Litigation Reform Act of 1995. Words such as
“believes,” “plans,” “anticipates,” “expects,” “will” and similar expressions
are intended to identify forward looking statements. Forward looking
statements include, but are not limited to, statements relating to the Company’s
key objectives, initiatives and prospects, the Company’s ability to improve its
operating performance and achieve its other objectives, and the Company’s
ability to find a suitable replacement chief executive officer. All
forward looking statements are subject to known and unknown risks, uncertainties
and other factors which could cause actual results to differ materially from
those anticipated. These factors include: the Company’s highly competitive
business environment; exposure to fluctuating commodity prices; risks associated
with the foodservice industry, such as changes in consumer tastes and adverse
publicity resulting from food quality, illness, injury or other health concerns;
the ability to retain and attract new and qualified employees; government
regulations; high geographic concentration in the Northeast and its attendant
weather patterns; conditions needed to meet restaurant re-imaging and new
opening targets; risks and uncertainties arising out of accounting estimates
and
adjustments; the Company’s ability to service its debt and other obligations;
the Company’s ability to meet ongoing financial covenants contained in its debt
instruments, loan agreements, leases and other long-term commitments; and costs
associated with improved service and other initiatives. Other factors that
may
cause actual results to differ from the forward looking statements contained
herein and that may affect the Company’s prospects in general are included in
the Company’s other filings with the Securities and Exchange Commission. The
Company is not obligated to update any forward looking statements, whether
as a
result of new information, future events or otherwise.
Item
9.01 Financial
Statements and Exhibits
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(d)
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Exhibits
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99.1
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Letter
to Stockholders dated October 25,
2006
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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, thereunto
duly authorized.
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FRIENDLY
ICE CREAM CORPORATION |
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| Dated:
October 26, 2006 |
By: |
/s/ PAUL
V. HOAGLAND |
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Name: Paul
V. Hoagland
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Title:
Executive Vice President of Administration
and
Chief Financial
Officer
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