OSI RESTAURANT PARTNERS, LLC 10-K 2009
Documents found in this filing:
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
(Amendment No. 1)
Commission File Number: 1-15935
OSI RESTAURANT PARTNERS, LLC
(Exact name of registrant as specified in its charter)
2202 North West Shore Boulevard, Suite 500, Tampa, Florida 33607
(Address of principal executive offices) (Zip Code)
(Registrant’s telephone number, including area code)
Securities registered pursuant to Section 12(b) of the Act: NONE
Securities registered pursuant to Section 12(g) of the Act: NONE
(Title of class)
Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes [ ] No [X]
Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. Yes [ ] No [X]
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes [X] No [ ]
Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and will not be contained, to the best of registrant’s knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K. [X]
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See the definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act. (Check one): Large accelerated filer [ ] Accelerated Filer [ ] Non-accelerated filer [X] (Do not check if smaller reporting company) Smaller reporting company [ ]
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Act). Yes [ ] No [X]
As of June 30, 2008, the last business day of the registrant’s most recently completed second fiscal quarter, there was no established public trading market for the registrant’s equity securities.
As of March 31, 2009, the registrant has 100 units, no par value, of Common Units outstanding (all of which are owned by OSI HoldCo, Inc., the registrant’s direct owner), and none are publicly traded.
DOCUMENTS INCORPORATED BY REFERENCE – >NONE.
This Amendment No. 1 (“Amendment”) is being filed to amend our Annual Report on Form 10-K for the year ended December 31, 2008, which OSI Restaurant Partners, LLC filed with the Securities and Exchange Commission on March 31, 2009 (“2008 10-K”). This Amendment is being filed solely for the purpose of including Exhibits 10.43 and 10.44 which were inadvertently omitted as part of the exhibits included under Item 15 of Part IV of the 2008 10-K. All other Items of the 2008 10-K are unaffected by the change described above and have been omitted from this amendment. No other revisions or amendments have been made to Part IV, Item 15 or to any other portion of the 2008 10-K. This Amendment does not otherwise update information in the 2008 10-K to reflect facts or events occurring subsequent to the filing date of the 2008 10-K. Currently-dated certifications pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 by our Chief Executive Officer and Chief Financial Officer have been included as exhibits to this Amendment.
OSI Restaurant Partners, LLC
Item 15. Exhibits, Financial Statement Schedules
(a)(1) LISTING OF FINANCIAL STATEMENTS
Report of Independent Registered Certified Public Accounting Firm
The following consolidated financial statements of the Company and subsidiaries are included in Item 8 of this report:
(a)(2) FINANCIAL STATEMENT SCHEDULES
The exhibits in response to this portion of Item 15 are listed below.
* Management contract or compensatory plan or arrangement required to be filed as an exhibit.
1 These certifications are not deemed to be “filed” for purposes of Section 18 of the Exchange Act, or otherwise subject to the liability of that section. These certifications will not be deemed to be incorporated by reference into any filing under the Securities Act or the Exchange Act, except to the extent that the registrant specifically incorporates them by reference.
The registrant hereby undertakes to furnish supplementally a copy of any omitted schedule or other attachment to the Securities and Exchange Commission upon request.
Pursuant to the requirements of Section 13 or 15(d) 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.