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): September 10, 2004 ------------------ JACK IN THE BOX INC. (Exact name of registrant as specified in its charter) DELAWARE 1-9390 95-2698708 ------------------------------ --------------------- --------------------------- (State or other jurisdiction (Commission File (I.R.S. Employer of incorporation) Number) Identification Number) 9330 BALBOA AVENUE, SAN DIEGO, CA 92123 ------------------------------------------- --------------------------------- (Address of principal executive offices) (Zip Code) (858) 571-2121 (Registrant's telephone number, including area code) N/A (Former Name or Former Address, if Changed Since Las 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)) 1 ITEM 1.01. Entry into a Material Definitive Agreement. ------------------------------------------- When granting stock options pursuant to its shareholder-approved 2004 Stock Incentive Plan (filed as Exhibit 10.16 to the Jack in the Box Inc. Quarterly Report on Form 10-Q for the period ended July 4, 2004,) Jack in the Box Inc. utilizes the form of Stock Option Award Agreement attached hereto as Exhibit 10.0. ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS --------------------------------- The following exhibit is filed as part of this report. EXHIBIT 10.0. The Jack in the Box Inc. Stock Option Award Agreement Under the 2004 Stock Incentive Plan 2 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: JOHN F. HOFFNER ------------------------- John F. Hoffner Executive Vice President Chief Financial Officer (Principal Financial Officer) (Duly Authorized Signatory) Date: September 10, 2004 EXHIBIT INDEX EXHIBIT NUMBER DESCRIPTION OF EXHIBIT 10.0 The Jack in the Box Inc. Stock Option Agreement Under the 2004 Stock Incentive Plan 3