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EX-10.1 - EX-10.1 - Destination Maternity Corpd105056dex101.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): December 17, 2015

 

 

DESTINATION MATERNITY CORPORATION

(Exact name of Registrant as specified in Charter)

 

 

 

Delaware   0-21196   13-3045573

(State or Other Jurisdiction of

Incorporation or Organization)

 

Commission

File number

 

(I.R.S. Employer

Identification Number)

232 Strawbridge Drive

Moorestown, NJ 08057

(Address of Principal Executive Offices)

(856) 291-9700

(Registrant’s telephone number, including area code)

 

 

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:

 

¨ 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

 

 

 


Item 5.02. Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

As previously announced, on December 3, 2015, the Board of Directors of Destination Maternity Corporation (the “Company”) announced that Christopher F. Daniel, previously President, left the Company, effective December 7, 2015, and that Anthony M. Romano, the Company’s Chief Executive Officer, would assume the additional title of President.

In connection with Mr. Daniel’s departure, and in accordance with his Employment Agreement with the Company dated April 11, 2011, as amended, the Company has entered into a Separation and Release Agreement with Mr. Daniel, pursuant to which Mr. Daniel will receive certain payments and other specified benefits. Mr. Daniel also agreed to provide transitional consulting services for approximately two months and agreed to a revised non-competition covenant.

The Separation and Release Agreement is filed herewith as Exhibit 10.1 and is incorporated herein by reference.

Item 9.01 Financial Statements and Exhibits.

 

Exhibit
No.

  

Description

10.1    Separation and Release Agreement dated December 17, 2015, between the Company and Christopher F. Daniel.

 

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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 duly authorized.

 

Date: December 18, 2015     DESTINATION MATERNITY CORPORATION
    By:  

/s/ Judd P. Tirnauer

      Judd P. Tirnauer
      Executive Vice President & Chief Financial Officer

 

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EXHIBIT INDEX

 

Exhibit
No.

  

Description

10.1    Separation and Release Agreement dated December 17, 2015, between the Company and Christopher F. Daniel.

 

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