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EX-99.1 - PRESS RELEASE - Diamond Foods Incd438235dex991.htm
EX-99.2 - SLIDE PRESENTATION - Diamond Foods Incd438235dex992.htm

 

 

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): November 14, 2012

 

 

DIAMOND FOODS, INC.

(Exact Name of Registrant as Specified in Charter)

 

 

 

Delaware   000-51439   20-2556965
(State or Other Jurisdiction   (Commission   (IRS Employer
of Incorporation)   File Number)   Identification No.)

600 Montgomery Street, 13th Floor

San Francisco, California

  94111
(Address of Principal Executive Offices)   (Zip Code)

Registrant’s telephone number, including area code: (415) 445-7444

600 Montgomery Street, 13th Floor, San Francisco, California 94111

(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 2.02. Results of Operations and Financial Condition.

On November 14, 2012, Diamond Foods, Inc. (“Diamond”) issued a press release announcing its restated financial results for the fiscal years ended July 31, 2011 and July 31, 2010, and filed an amendment to its Annual Report on Form 10-K for the fiscal year ended July 31, 2011 containing its audited financial statements for such years. In addition, Diamond announced its financial results for the first three quarters of fiscal 2012 (quarters ended October 31, 2011, January 31, 2012 and April 30, 2012) and filed its Quarterly Reports on Form 10-Q for each of those quarters. Diamond’s press release, a copy of which is filed as an exhibit to this report and incorporated by reference herein, also contains information on Diamond’s financial results for the fiscal year ended July 31, 2012. This information shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, or otherwise subject to the liabilities of that section, and is not incorporated by reference into any filing of Diamond, whether made before or after the date of this report, regardless of any general incorporation language in the filing.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits.

 

Exhibit

Number

  

Description

99.1    Press Release issued by Diamond Foods, Inc, dated November 14, 2012.
99.2    Slide Presentation, dated November 14, 2012.


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.

 

    DIAMOND FOODS, INC.
Date: November 14, 2012   By:  

/s/ Michael Murphy

    Name: Michael Murphy