Attached files

file filename
EX-3.1 - EXHIBIT 3.1 - ARO Liquidation, Inc.secondamendedandrestatedby.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): January 26, 2016

Aéropostale, Inc.
(Exact name of registrant as specified in its charter)

Delaware
 (State or other jurisdiction of incorporation)
 
001-31314
 (Commission File Number)
 
31-1443880
 (IRS Employer Identification No.)
112 West 34th Street, 22nd Floor, New York, New York 10120
(Address of principal executive offices, including Zip Code)

(646) 485-5410
(Registrant's telephone number, including area code)

Not applicable
(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 (see General Instructions A.2. below):

o
 
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
 
 
o
 
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
 
 
o
 
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2 (b))
 
 
 
o
 
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4 (c))


 
 

 

 




























ITEM 5.03
Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.
 
 
 
Effective as of January 26, 2016, Aéropostale, Inc. (the “Company”) amended and restated its Amended and Restated By-Laws (as amended and restated, the “Second Amended and Restated By-Laws”) to provide that any director or the entire Board of Directors of the Company may be removed, with or without cause, by the holders of a majority of the shares then entitled to vote at an election of directors.
The foregoing description of the Second Amended and Restated By-Laws does not purport to be complete and is qualified in its entirety by reference to the Second Amended and Restated By-Laws, a copy of which is attached hereto as Exhibit 3.1 and incorporated by reference herein.
 
 
 
ITEM 9.01
Financial Statements and Exhibits.
 
 
 
 
(d) Exhibits
 
 
 
 
3.1
Second Amended and Restated By-Laws
























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.
 
 
 
 
 
 
 
Aéropostale, Inc.
 
 
 
 
 
 
 
 
 
/s/ Marc G. Schuback
 
 
 
Marc G. Schuback
 
 
 
 
Senior Vice President, General Counsel & Secretary
 
 
 
 
 
Dated: January 28, 2016
 
 
 









































INDEX TO EXHIBITS
Exhibit No.
Description
3.1
Second Amended and Restated By-Laws