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Pantry 8-K 2012

Documents found in this filing:

  1. 8-K
  2. 8-K
form8k.htm

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):  March 14, 2012
 
  
THE PANTRY, INC.
(Exact name of registrant as specified in its charter)
 
 
 Commission File Number:  000-25813
 
Delaware
 
56-1574463
(State or other jurisdiction of
incorporation)
 
(IRS Employer
Identification No.)
 

305 Gregson Drive
Cary, North Carolina
(Address of principal executive offices)
 
 
27511
(Zip code)

  
Registrant’s telephone number, including area code: (919) 774-6700
  
N/A
(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:

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))


 
 

 


Item 5.07 Submission of Matters to a Vote of Security Holders.

The Pantry, Inc. (the “Company”) held its Annual Meeting of Stockholders on March 14, 2012. The stockholders considered four proposals, each of which is described in more detail in the Company’s definitive proxy statement dated January 27, 2012.

Proposal 1>:  Election of 9 nominees to serve as directors each for a period of one year or until the election and qualification of his or her successor. The votes were cast as follows:

Name
Votes For
Votes Withheld
Broker Non-Votes
Edwin J. Holman
18,981,772
528,926
2,139,638
Robert F. Bernstock
19,029,753
480,945
2,139,638
Paul L. Brunswick
19,196,840
313,858
2,139,638
Wilfred A. Finnegan
19,102,301
408,397
2,139,638
Terry L. McElroy
19,029,506
481,192
2,139,638
Mark D. Miles
19,195,940
314,758
2,139,638
Bryan E. Monkhouse
19,031,608
479,090
2,139,638
Thomas M. Murnane
19,029,306
481,392
2,139,638
Maria C. Richter
19,030,912
479,786
2,139,638

All director nominees were duly elected.

Proposal 2>:  Advisory (nonbinding) vote on executive compensation (“say-on-pay”). The votes were cast as follows:

 
Votes For
Votes Against
Abstain
Advisory (nonbinding) vote on executive compensation
18,757,011
177,085
576,602

Broker Non-Votes: 2,139,638

Proposal 2 was approved on an advisory basis.

Proposal 3>:  Approve the material terms of the performance goals under The Pantry, Inc. 2007 Omnibus Plan for purposes of Section 162(m) of the Internal Revenue Code. The votes were cast as follows:

 
Votes For
Votes Against
Abstain
Vote on material terms of the performance goals under The Pantry, Inc. 2007 Omnibus Plan for purposes of Section 162(m) of the Internal Revenue Code
18,269,933
666,753
574,012

Broker Non-Votes: 2,139,638

Proposal 3 was approved.

Proposal 4>:  Ratification of the appointment of Deloitte & Touche LLP as the Company’s independent registered public accounting firm for the fiscal year ending September 27, 2012.  The votes were cast as follows:

 
Votes For
Votes Against
Abstain
Ratification of appointment of Independent Public Accountants
21,495,952
151,883
2,501

Broker Non-Votes: 0

Proposal 4 was approved.

 
 

 

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.
 
         
 
THE PANTRY, INC.
 
       
 
By:
 
/s/ Mark R. Bierley
     
Mark R. Bierley
Senior Vice President and Chief Financial Officer
       
Date: March 19, 2012
     
 
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