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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) February 13,
2006
ADVANCE
AUTO PARTS, INC.
(Exact
name of registrant as specified in its charter)
|
Delaware
|
001-16797
|
54-2049910
|
|
(State
or other jurisdiction of
|
(Commission
File Number)
|
(I.R.S.
Employer
|
|
incorporation
or organization)
|
|
Identification
No.)
|
|
5673
Airport Road, Roanoke, Virginia
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24012
|
|
(Address
of Principal Executive Offices)
|
(Zip
Code)
|
Registrant's
telephone number, including area code (540)
362-4911
Not
Applicable
(Former
name, former address and former fiscal year, 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):
o
Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
o
Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
o
Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o
Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
INFORMATION
TO BE INCLUDED IN THE REPORT
Item
1.02 Termination of a Material Definitive Agreement
Notice
of Non-Renewal of Employment Agreements
On
February 13, 2006, Advance Stores
Company, Incorporated, a wholly owned subsidiary of Advance Auto Parts,
Inc.
(collectively referred to as the Company), notified Jimmie L. Wade, Executive
Vice President, Business Development, and Paul W. Klasing, Executive Vice
President, Stores, of its intention not to renew the employment and
non-competition agreements between the Company and Mr. Wade and Mr. Klasing,
respectively. The agreements will be terminated effective April 15, 2006.
The
agreements, which were entered into on April 15, 1998, and extend year-to-year
unless terminated by the Company or the employee, contain certain provisions
regarding severance, bonus and other customary terms, including those related
to
non-solicitation and non-disclosure of non-public information regarding
the
Company. A form of the employment and non-competition agreement was filed
on
June 4, 1998, as exhibit 10.18 to the Registration statement on Form S-4
of
Advance Stores Company, Incorporated.
Mr.
Wade and Mr. Klasing continue to be
employed by the Company in their current positions and as executive officers
of
the Company.
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.
| |
|
ADVANCE
AUTO PARTS, INC. |
| |
|
(Registrant) |
| |
|
|
| Date: February
17, 2006 |
|
/s/ Michael
O. Moore |
|
(Signature)* |
| |
Michael
O. Moore |
| |
Executive Vice President, Chief Financial
Officer |
* Print name and title of the signing officer under his
signature.