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 22, 2011

 

Cagle’s, Inc.

(Exact name of registrant as specified in its charter)

 

Georgia

 

001-07138

 

58-0625713

(State or other jurisdiction

 

(Commission

 

(I.R.S. Employer

of incorporation)

 

File Number)

 

Identification No.)

 

1385 Collier Road NW, Atlanta, GA

 

30318

(Address of principal executive offices)

 

(Zip Code)

 

(404) 355-2820

(Registrants telephone number, including area code)

 

Not applicable

(Former name or former address, if changed since last report)

 

Check the appropriate box 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))

 

 

 



 

Section 2 - FINANCIAL INFORMATION

 

ITEM 2.03.   CREATION OF A DIRECT FINANCIAL OBLIGATION OR AN OBLIGATION UNDER AN OFF-BALANCE SHEET ARRANGEMENT OF A REGISTRANT.

 

On December 22, 2011, Cagle’s, Inc. and its wholly owned subsidiary Cagle’s Farms, Inc. (collectively, the “Company”) entered into a letter agreement substituting new Sale Transaction Benchmarks under the Debtor in Possession Credit and Security Agreement dated October 24, 2011 and amended by the First Amendment to Debtor in Possession Credit and Security Agreement dated November 23, 2011 (the “Agreement”) with AgSouth Farm Credit, ACA, an agricultural credit association (the “Lender”).

 

The original Debtor in Possession Credit and Security Agreement defined the requirements for an acceptable reorganization plan.  The First Amendment to Debtor in Possession Credit and Security Agreement also required the Company to initiate a process to sell all, substantially all, or a significant portion of the Company’s assets in 90 days and to meet certain progress benchmarks in connection with such sale.

 

This letter agreement extends until January 27, 2012, the deadline for entering into a Sale Transaction Agreement covering all, substantially all, or a significant portion of, the Company’s assets.  The deadline for Bankruptcy Court approval of the Sale Transaction Agreement is extended until February 24, 2012, and the deadline for closing the Sale Transaction is extended until March 5, 2012.

 

No other changes to the Agreement materially modify the description in the Company’s previous 8-K filings.

 

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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.

 

Cagle’s, Inc.

 

(Registrant)

 

 

 

Date:

December 29, 2011

 

 

 

By:

/s/ Harry C. Woodring

 

 

Harry C. Woodring

 

 

Chief Financial Officer

 

 

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