Item 1.01 Entry into a Material Definitive Agreement.
As previously disclosed, on
As previously disclosed, on
The foregoing description of the Fourth Amendment does not purport to be
complete and is qualified in its entirety by reference to the Fourth Amendment,
which has been filed with the
Item 7.01 Regulation FD Disclosure.
On
Item 8.01 Other Events.
On
Additional information about the Chapter 11 Cases, including access to
Forward-Looking Statements
This Current Report on Form 8-K contains certain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 with respect to the Company's financial condition, results of operations and business that is not historical information. Forward-looking statements can often be identified by the use of terminology such as "subject to," "believes," "anticipates," "plans," "expects," "intends," "estimates," "projects," "may," "will," "should," "can," the negatives thereof, variations thereon and similar expressions, or by discussions regarding the Company's strategy and outlook. While the Company believes there is a reasonable basis for its expectations and beliefs, they are inherently uncertain and subject to significant business, economic, competitive, regulatory and other risks, contingencies and uncertainties, most of which are difficult to predict and many of which are beyond our control. These risks, contingencies and uncertainties relate to, among other things: the
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highly competitive industry in which we operate; unfavorable publicity or
consumer perception of our products; product innovation; our exploration of new
strategic initiatives; our manufacturing operations; relationships with our
vendors; our distribution network and inventory management; our ability to
develop and maintain a relevant omni-channel experience for our customers; the
performance of, and our relationships with, our franchisees; the location of our
stores; availability of raw materials; risks related to COVID-19 (novel
coronavirus) and its impacts on our markets (including decreased customer
traffic at malls and other places our stores are located); general economic
conditions; the risk of delays, interruptions and disruptions in our global
supply chain, including disruptions in supply due to COVID-19 (novel
coronavirus) or other disease outbreaks; material claims or product recalls;
regulatory compliance; the value of our brand name; privacy protection and
cyber-security; our current debt profile and risks related to our capital
structure; possible joint ventures; our key executives and employees; insurance;
the timing and outcome of the Chapter 11 Cases and the Company's filing for
relief under Chapter 11; and tax rate risks. The Company undertakes no
obligation to publicly update or revise any forward-looking statement, whether
as a result of new information, future events or otherwise. Actual results could
differ materially from those described or implied by such forward-looking
statements. For a more detailed discussion of important factors that may
materially affect such forward-looking statements, please refer to the Company's
Annual Report on Form 10-K for the year ended
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Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
The following materials are furnished as exhibits to this Current Report on Form 8-K: Exhibit No. Description 10.1 *Fourth Amendment to Stalking Horse Agreement, datedSeptember 17, 2020 . 104 Cover Page Interactive File (the cover page tags are embedded within the Inline XBRL document).
* Certain exhibits and schedules have been omitted and the Company agrees to
furnish supplementally to the
omitted exhibits upon request.
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