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):  March 15, 2011
 
  
THE PANTRY, INC.
(Exact name of registrant as specified in its charter)
 
 
 Commission File Number:  000-25813
 
Delaware
 
56-1574463
(State or other jurisdiction of
incorporation)
 
(IRS Employer
Identification No.)
 

305 Gregson Drive
Cary, North Carolina
(Address of principal executive offices)
 
 
27511
(Zip code)

  
Registrant’s telephone number, including area code: (919) 774-6700
  
N/A
(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:

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))


 
 

 


Item 5.07 Submission of Matters to a Vote of Security Holders.

The Pantry, Inc. (the “Company”) held its Annual Meeting of Stockholders on March 15, 2011.  The stockholders considered four proposals, each of which is described in more detail in the Company’s definitive proxy statement dated January 28, 2011.

Proposal 1:  Election of 10 nominees to serve as directors each for a term of one year or until his or her successor is duly elected and qualified.  The votes were cast as follows:

Name
Votes For
Votes Withheld
Broker Non-Votes
Edwin J. Holman
17,544,502
1,673,203
1,705,893
Robert F. Bernstock
17,544,602
1,673,103
1,705,893
Paul L. Brunswick
17,544,502
1,673,203
1,705,893
Wilfred A. Finnegan
17,544,252
1,673,453
1,705,893
Terrance M. Marks
17,544,502
1,673,203
1,705,893
Terry L. McElroy
17,544,502
1,673,203
1,705,893
Mark D. Miles
17,544,352
1,673,353
1,705,893
Bryan E. Monkhouse
17,544,300
1,673,405
1,705,893
Thomas M. Murnane
17,544,452
1,673,253
1,705,893
Maria C. Ritcher
17,542,702
1,675,003
1,705,893

All director nominees were duly elected.

Proposal 2:  Advisory (nonbinding) vote on executive compensation.  The votes were cast as follows:

 
Votes For
Votes Against
Abstain
Advisory (nonbinding) vote on executive compensation
18,776,702
369,273
71,730

Broker Non-Votes: 1,705,893

Proposal 2 was approved on an advisory basis.

Proposal 3:  Advisory (nonbinding) vote on the frequency of future stockholder votes on executive compensation.  The votes were cast as follows:

 
One Year
Two Years
Three Years
Abstain
Advisory (nonbinding) vote on frequency of future stockholder votes on executive compensation
17,538,814
6,699
1,602,541
69,651

Broker Non-Votes: 1,705,893

The stockholders indicated their preference, on an advisory basis, for an annual advisory stockholder vote on executive compensation.

Proposal 4:  Ratification of the appointment of Deloitte & Touche LLP as the Company’s independent registered public accounting firm for the fiscal year ending September 29, 2011.  The votes were cast as follows:

 
Votes For
Votes Against
Abstain
Ratification of Deloitte & Touche LLP
20,390,089
473,445
60,064

Broker Non-Votes: 0

Proposal 4 was approved.

 
 

 

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.
 
         
 
THE PANTRY, INC.
 
       
 
By:
 
/s/ Mark R. Bierley
     
Mark R. Bierley
Senior Vice President, Chief Financial Officer and Secretary
       
Date: March 16, 2011