Attached files

file filename
EX-10.1 - EXHIBIT 10.1 - Del Taco Restaurants, Inc.ex101-neoletteragreement.htm


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): April 23, 2020
____________________________________________________________________ 
Del Taco Restaurants, Inc.
(Exact name of registrant as specified in its charter)
____________________________________________________________________
 
Delaware
 
001-36197
 
46-3340980
(State or other jurisdiction
of incorporation)
 
(Commission
File Number)
 
(IRS Employer
Identification No.)

25521 Commercentre Drive
Lake Forest, CA 92630
(Address of Principal executive offices, including Zip Code)

(949) 462-9300
(Registrant’s 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:
 
¨
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))








Securities registered pursuant to Section 12(b) of the Act:

Title of each class
 
Trading Symbol(s)
 
Name of each exchange on which registered
Common Stock, $0.001 par value per share
 
TACO
 
NASDAQ Capital Market
Warrants, each exercisable for one share of common stock
 
TACOW
 
NASDAQ Capital Market


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 ¨

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. ¨







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

In connection with other actions being taken in response to the impacts of COVID-19, the Company's Chief Executive Officer, John D. Cappasola, Jr., and the other named executive officers have elected to reduce their 2020 base salaries. The base salary of Mr. Cappasola will be reduced by 20% and the base salaries of Steven L. Brake and Chad Gretzema will be reduced by 15%. In addition, the non-employee directors of the Company agreed to certain reductions to their fees for service on the Board.
In connection with these salary reductions, the Company is entering into a Letter Agreement substantially in the form attached hereto as Exhibit 10.1 for each of Mr. Cappasola, Mr. Brake and Mr. Gretzema.


Item 9.01    Financial Statements and Exhibits

(d) Exhibits
Exhibit No.
Description of Exhibit
Exhibit 10.1





SIGNATURE

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

                        
 
 
 
DEL TACO RESTAURANTS, INC.
 
 
By:
/s/ Steven L. Brake
Name:
Steven L. Brake
Title:
Executive Vice President and Chief Financial Officer


Date: April 24, 2020