Attached files
| file | filename |
|---|---|
| EX-32.1 - EXHIBIT 32.1 - AUTOZONE INC | c91486exv32w1.htm |
| EX-32.2 - EXHIBIT 32.2 - AUTOZONE INC | c91486exv32w2.htm |
| EX-31.1 - EXHIBIT 31.1 - AUTOZONE INC | c91486exv31w1.htm |
| EX-31.2 - EXHIBIT 31.2 - AUTOZONE INC | c91486exv31w2.htm |
| EX-10.10 - EXHIBIT 10.10 - AUTOZONE INC | c91486exv10w10.htm |
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-K/A
| þ | Annual Report pursuant to section 13 or 15(d) of the Securities Exchange Act of 1934 |
For the fiscal year ended August 29, 2009, or
| o | Transition report pursuant to section 13 or 15(d) of the Securities Exchange Act of 1934 |
For the transition period from ______ to _____.
Commission file number 1-10714
AUTOZONE, INC.
(Exact name of registrant as specified in its charter)
| Nevada (State or other jurisdiction of |
62-1482048 (I.R.S. Employer Identification No.) |
|
| incorporation or organization) |
123 South Front Street, Memphis, Tennessee 38103
(Address of principal executive offices) (Zip Code)
(Address of principal executive offices) (Zip Code)
(901) 495-6500
Registrant’s telephone number, including area code
Registrant’s telephone number, including area code
Securities registered pursuant to Section 12(b) of the Act:
| Name of each exchange | ||
| Title of each class | On which registered | |
| Common Stock | New York Stock Exchange | |
| ($.01 par value) |
Securities registered pursuant to Section 12(g) of the Act:
None
None
Indicate by check mark if the Registrant is a well-known seasoned issuer, as defined in Rule
405 of the Securities Act. Yes þ No o
Indicate by check mark if the Registrant is not required to file reports pursuant to Section
13 or Section 15(d) of the Act. Yes o No þ
Indicate by check mark whether the registrant (1) has filed all reports required to be filed
by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or
for such shorter period that the registrant was required to file such reports), and (2) has been
subject to such filing requirements for the past 90 days. Yes þ No o
Indicate by check mark whether the registrant has submitted electronically and posted on its
corporate Website, if any, every Interactive Data File required to be submitted and posted pursuant
to Rule 405 of Regulation S-T (§ 232.405 of this chapter) during the preceding 12 months (or for
such shorter period that the registrant was required to submit and post such files). Yes o
No o
Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation
S-K (§ 229.405 of this chapter) is not contained herein, and will not be contained, to the best of
registrant’s knowledge, in definitive proxy or information statements incorporated by reference in
Part III of this Form 10-K or any amendment to this Form 10-K. o
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated
filer, a non-accelerated filer, or a smaller reporting company. See the definitions of “large
accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the
Exchange Act.
Large accelerated filer þ
|
Accelerated filer o | Non-accelerated filer o | Smaller reporting company o | |||
| (Do not check if a smaller reporting company) |
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of
the Act) Yes o No þ
The aggregate market value of the voting and non-voting common equity held by non-affiliates
computed by reference to the price at which the common equity was last sold, or the average bid and
asked price of such common equity, as of the last business day of the registrant’s most recently
completed second fiscal quarter was $7,449,415,374.
The number of shares of Common Stock outstanding as of October 19, 2009, was 49,868,736.
Documents Incorporated By Reference
Portions of the definitive Proxy Statement to be filed within 120 days of August 29, 2009, pursuant
to Regulation 14A under the Securities Exchange Act of 1934 for the Annual Meeting of Stockholders
to be held December 16, 2009, are incorporated by reference into Part III.
EXPLANATORY NOTE
This Form 10-K/A of AutoZone, Inc. amends the Annual Report on Form 10-K of the registrant for the
registrant’s fiscal year ended August 29, 2009. Specifically, this Form 10-K/A contains Exhibit
10.10 which was inadvertently omitted from the filed Form 10-K.
This Form 10-K/A does not reflect events occurring after the filing of the Form 10-K and, other
than the filing of the omitted exhibit mentioned above, does not modify or update the disclosures
in the original Form 10-K in any way.
PART IV
Item 15. Exhibits, Financial Statement Schedules
(a) The following exhibits are filed as part of this report:
10.10
|
Credit Agreement dated as of July 9, 2009, among AutoZone, Inc., as Borrower, The Several Lenders From Time To Time Party Hereto, and Bank of America, N.A., as Administrative Agent and Swingline Lender, and JPMorgan Chase Bank, N.A., as Syndication Agent, and Banc of America Securities, LLC and J.P. Morgan Securities, as Joint Lead Arrangers, and Banc of America Securities, LLC, J.P. Morgan Securities, Inc., Suntrust Robinson Humphrey, Inc., and Wachovia Capital Markets, LLC, as Joint Book Runners, and Suntrust Bank, Wells Fargo Bank, N.A., Regions Bank, and US Bank National Association, as Documentation Agents. | |
31.1
|
Certification of Principal Executive Officer Pursuant to Rules 13a-14(a) and 15d-14(a) under the Securities Exchange Act of 1934, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. | |
31.2
|
Certification of Principal Financial Officer Pursuant to Rules 13a-14(a) and 15d-14(a) under the Securities Exchange Act of 1934, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. | |
32.1
|
Certification of Principal Executive Officer Pursuant to 18 U.S.C. Section 1350 as adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. | |
32.2
|
Certification of Principal Financial Officer Pursuant to 18 U.S.C. Section 1350 as adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. |
SIGNATURES
Pursuant to the requirements of Section 13 or 15(d) 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.
| AUTOZONE, INC. | ||||
| By: | /s/ CHARLIE PLEAS, III | |||
| Charlie Pleas, III | ||||
| Senior Vice President, Controller | ||||
| (Principal Accounting Officer) | ||||
Dated: October 27, 2009