UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 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): December 2, 2015
Famous Daves of America, Inc.
(Exact name of Registrant as Specified in its Charter)
Minnesota
(State Or Other Jurisdiction
Of Incorporation)
000-21625 | 41-1782300 | |
(Commission File Number) |
(I.R.S. Employer Identification No.) |
12701 Whitewater Drive, Suite 200 Minnetonka, Minnesota |
55343 | |
(Address Of Principal Executive Offices) | (Zip Code) |
(952) 294-1300
Registrants Telephone Number, Including Area Code
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):
¨ | Written communications pursuant to Rule 425 under the Securities Act |
¨ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act |
¨ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act |
¨ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act |
Items under Sections 2 through 8 are not applicable and therefore omitted.
ITEM 1.01 | ENTRY INTO A MATERIAL DEFINITIVE AGREEMENT. |
As previously reported, Famous Daves of America, Inc. (the Company) and its subsidiaries (each, a Borrower and collectively, the Borrowers) entered into a Forbearance Agreement dated as of November 6, 2015 with Wells Fargo, National Association as administrative agent and lender (the Forbearance Agreement).
On December 2, 2015, the Company and the other Borrowers entered into a First Amendment to Forbearance Agreement by which the parties agreed to extend the forbearance period. As amended by the Amendment, the forbearance period will end on December 11, 2015 or on the earlier date of any Event of Default under the Credit Agreement (other than the Existing Events of Default) or breach of the Forbearance Agreement.
ITEM 9.01 | FINANCIAL STATEMENTS AND EXHIBITS. |
Exhibit |
Description | |
10.1 | First Amendment to Forbearance Agreement dated as of December 2, 2015 by and among Famous Daves of America, Inc., D&D of Minnesota, Inc., Lake & Hennepin BBQ and Blues, Inc., Famous Daves Ribs, Inc., Famous Daves Ribs-U, Inc., and Famous Daves Ribs of Maryland, Inc., each as borrowers, and Wells Fargo Bank, National Association, as administrative agent and lender. |
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SIGNATURE
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, thereunto duly authorized.
FAMOUS DAVES OF AMERICA, INC. | ||
By: | /s/ Richard A. Pawlowski | |
Richard A. Pawlowski | ||
Chief Financial Officer |
Date: December 4, 2015
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