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EX-10.1 - AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT - COSI INCco26355231-ex10_a.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):   June 30, 2012
 
 Cosi, Inc.
 (Exact Name of Registrant as Specified in Its Charter)
     
 Delaware  000-50052  06-1393745
 (State or Other Jurisdiction of Incorporation)  (Commission File Number)  (IRS Employer Identification No.)
     
 1751 Lake Cook Road, Suite 600; Deerfield, Illinois  60015
 (Address of Principal Executive Offices)  (Zip Code)
     
Registrant’s telephone number, including area code:   (847) 597-8800
     
     
 (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))

 
 
 
 
 

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

On June 30, 2012, Cosi, Inc. (the “Company”) and Carin Stutz, Chief Executive Officer and President, entered into an amendment to the Company’s Employment Agreement with Ms. Stutz, extending the date to December 30, 2012 to purchase  Ms. Stutz’ primary residence located in Dallas, Texas, if a sale has not otherwise closed before that date.  A copy of the Amendment is attached hereto as Exhibit 10.1.
 
 
 
 
 

 
 
 
 

 
 
 
Item 9.01 (d). Exhibits.
   
          10.1 Amendment No. 1 to Employment Agreement dated as of December 12, 2011, effective as of January 1, 2012,  between Carin Stutz and Cosi, Inc.
 
 
 
 

 
 
 
 
 


 
Signature
 
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.
 
    Cosi, Inc.   
       
Date:  July 6, 2012
     
       
 
 
/s/ William E. Koziel  
    Name:  William E. Koziel  
   
Title:    Chief Financial Officer
 
       
 
 
 
 
 
 
 
 
 

 
EXHIBIT INDEX
         
 
Exhibit No.
 
 
Description
 
 
Paper (P) or
Electronic (E)
10.1
 
Amendment No. 1 to Employment Agreement dated as of December 12, 2011, effective as of January 1, 2012,  between Carin Stutz and Cosi, Inc.
 
E