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EX-10.1 - EX-10.1 - BON TON STORES INCa17-28475_1ex10d1.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 10, 2017

 

THE BON-TON STORES, INC.

(Exact name of registrant as specified in its charter)

 

Pennsylvania

 

0-19517

 

23-2835229

(State or other jurisdiction

 

(Commission File

 

(IRS Employer

of incorporation)

 

Number)

 

Identification No.)

 

2801 E. Market Street, York, Pennsylvania

 

17402

(Address of principal executive offices)

 

(Zip Code)

 

717-757-7660

(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 Instruction 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))

 

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

 

Emerging growth company o

 

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.  o

 

 

 



 

Item 5.02

 

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

 

Amendment No. 5 of Executive Transition Agreement with M. Thomas Grumbacher

 

On December 10, 2017, The Bon-Ton Stores, Inc. (the “Company”) entered into Amendment No. 5 (“Amendment No. 5”) of the Executive Transition Agreement with M. Thomas Grumbacher, effective as of December 10, 2017.  The material terms of Amendment No. 5 are as follows: (i) Mr. Grumbacher’s annual salary will be $30,000; and (ii) the term of the Executive Transition Agreement is extended to February 1, 2019, and thereafter the term shall be automatically renewed unless either party terminates the Executive Transition Agreement in accordance with its terms.

 

The foregoing description of Amendment No. 5 is not complete and is subject to the full text of Amendment No. 5, which is attached to this Current Report on Form 8-K as Exhibit 10.1 and incorporated by reference herein.

 

Item 9.01

Financial Statements and Exhibits

 

(d) Exhibits.

 

Exhibit
Number

 

Description

10.1

 

Amendment No. 5 of Executive Transition Agreement, dated as of December 10, 2017, between the Company and M. Thomas Grumbacher.

 

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SIGNATURE

 

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

THE BON-TON STORES, INC.

 

 

 

 

By:

/s/ Nancy A. Walsh

 

 

Nancy A. Walsh

 

 

Executive Vice President—Chief Financial Officer

 

Dated: December 14, 2017

 

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