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): January 12, 2016
AMPLIFY SNACK BRANDS, INC.
(Exact name of Registrant as Specified in Its Charter)
Delaware | 001-37530 | 47-1254894 | ||
(State or Other Jurisdiction of Incorporation) |
(Commission File Number) |
(IRS Employer Identification No.) | ||
500 West 5th Street, Suite 1350 Austin, Texas |
78701 | |||
(Address of Principal Executive Offices) | (Zip Code) |
Registrants Telephone Number, Including Area Code: (512) 600-9893
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 (see General Instructions A.2. below):
¨ | 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 7.01. Regulation FD Disclosure
From time to time, representatives of Amplify Snack Brands, Inc. (the Company) have made, and will in the future make, presentations to industry groups, members of the investment community and other interested parties at conferences, in one-on-one meetings, or in other settings.
Copies of the materials to be used in such meetings and presentations are made available to the public from time to time on the investor relations section of the Companys website at http://investors.amplifysnackbrands.com. Investors are encouraged to review any such materials that the Company makes available from time to time on the Companys website and to refer from time to time to the Companys website for similar types of information about the Company in the future. The Company reserves the right to discontinue the availability of any such materials at any time, and undertakes no duty to update any information or statements made in any such materials (or in any other materials made available on the Companys website) to reflect events or circumstances after the date of publication, except as required by law.
Any such presentation materials and the accompanying oral presentations contain forward-looking statements within the meaning of the federal securities laws, which statements involve substantial risks and uncertainties. Forward-looking statements generally relate to future events or the Companys future financial or operating performance. In some cases, you can identify forward-looking statements because they contain words such as may, will, seek, should, expects, plans, anticipates, could, intends, target, projects, strategy, future, believes, estimates, goal, potential, likely, or continue or the negative of these words or other similar terms or expressions that concern the Companys expectations, strategy, plans or intentions. Forward-looking statements contained in such presentations include, but are not limited to, statements about (i) the Companys future financial performance, including the Companys net sales, cost of goods sold, gross profit or gross profit margin, operating expenses, ability to generate positive cash flow and ability to achieve and maintain profitability; (ii) the Companys ability to maintain, protect and enhance its brands; (iii) the Companys ability to attract and retain customers; (iv) the sufficiency of the Companys cash and cash equivalents to meet its liquidity needs and service its indebtedness; (v) the Companys ability to produce sufficient quantities of its products to meet demands; (vi) demand fluctuations for the Companys products; (vii) the Companys ability to successfully innovate and compete in the food industry; (viii) changing trends, preferences and tastes in the food industry; (ix) the Companys ability to successfully expand in its existing markets and into new U.S. and international markets; (x) worldwide economic conditions and their impact on consumer spending; (xi) the Companys expectations concerning relationships with third parties; (xii) the Companys ability to effectively manage its growth and future expenses; (xiii) future acquisitions of or investments in complementary companies or products; (xiv) changes in regulatory requirements in the Companys industry and its ability to comply with those requirements; and (xv) the attraction and retention of qualified employees and key personnel. The Company cautions you that the foregoing list may not contain all of the forward-looking statements made in such materials and presentations. You should not rely upon forward-looking statements as predictions of future events. The Company has based any forward-looking statements primarily on its current expectations and projections about future events and trends that the Company believes may affect its business, financial condition, results of operations and prospects. The outcome of the events described in these forward-looking statements is subject to risks, uncertainties and other factors described in the Companys filings with the Securities and Exchange Commission.
Any such presentation materials and the accompanying oral presentations may also contain statistical data, estimates and other information concerning the Companys industry that are based on independent industry publications, surveys and forecasts, such as those published by Nielsen Holdings, N.V., or Nielsen, or Information Resources, Inc., or IRI, or other publicly available information, as well as information based on the Companys internal sources. Unless the Company indicates otherwise, the information contained in any materials or presentations from any third-party source may vary considerably from other information sources. This information involves a number of assumptions and limitations, and the Company has not independently verified the accuracy or completeness of the information.
The information in this Item 7.01 shall not be deemed filed for purposes of Section 18 of the Exchange Act or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, regardless of any general incorporation language in such filing.
SIGNATURES
Pursuant to the requirements of the Securities and Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
Amplify Snack Brands, Inc. | ||
(Registrant) | ||
By: | /s/ Brian Goldberg | |
Brian Goldberg | ||
Chief Financial Officer |
January 12, 2016