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 18,
2008
Hibbett Sports,
Inc.
(Exact
Name Of Registrant As Specified In Its Charter)
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Delaware
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000-20969
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20-8159608
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(State
of Incorporation)
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(Commission
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(IRS
Employer
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File
Number)
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Identification
No.)
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451
Industrial Lane
Birmingham,
Alabama 35211
(Address
of principal executive offices)
(205)
942-4292
(Registrant’s
telephone number, including area code)
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
1.01. Entry into a Material Definitive Agreement.
Line of
Credit. On November 20, 2008, the Company executed an
amendment to its existing unsecured revolving credit facility between the
Company and its subsidiaries and Bank of America, N.A. The amount of
the revolving credit facility remained unchanged at $50,000,000 and is effective
November 20, 2008 through November 20, 2009 with an interest rate at prime plus
2%. The credit agreement is attached hereto as Exhibit 10.1 and is
incorporated herein by this reference.
Item
2.02. Results of Operations and Financial Condition.
The Company released its results of
operations for the thirteen-week and thirty-nine week periods ended November 1,
2008, in a press release issued on November 20, 2008.
The information in this Item, including
Exhibit 99.1 attached hereto, shall not be deemed “filed” for the purposes of
Section 18 of the Securities Exchange Act of 1934, or otherwise subject to the
liabilities of that section. It may be incorporated by reference in
another filing under the Exchange Act or Securities Act of 1933 if such
subsequent filing specifically references this Form 8-K.
Item
5.02 Departure of Directors or Certain Officers; Election of
Directors; Appointment of Certain Officers; compensatory Arrangements of Certain
Officers.
(e) Equity
Plan Amendments. On November 18, 2008, the Compensation
Committee (Committee) of the Board of Directors (Board) of Hibbett Sports, Inc.
(Company) adopted an amendment to the 2005 Equity Incentive Plan. On
November 19, 2008, the Board adopted amendments to the 2005 Directors Deferred
Compensation Plan and the 2006 Non-Employee Director Equity Plan. All
the plans described above were amended for changes mandated under Internal
Revenue Code 409A and are effective immediately.
The full text of each plan described
above is attached as exhibits 10.2 to 10.4 to this Form 8-K.
Executive
Officer Cash Bonus Plan Amendment. On November 18, 2008,
the Committee of the Board adopted an amendment to the 2006 Executive Officer
Cash Bonus Plan for changes mandated under Internal Revenue Code
409A. The amendment also recognized the formation of the parent
Company, Hibbett Sports, Inc. as the parent holding company of Hibbett Sporting
Goods, Inc. on February 9, 2007 and is effective immediately.
The full text of the plan described
above is attached as exhibit 10.5 to this Form 8-K.
Item
7.01. Regulation FD Disclosures.
The information contained in Item 2.02
(including disclaimer) is incorporated by reference into this item
7.01.
Item
9.01. Financial Statements and Exhibits.
(d) Exhibits.
Exhibit 99.1 is furnished pursuant to
Item 2.02 and Item 7.01, respectively and shall not be deemed to be
“filed”.
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Exhibit
No.
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Description
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10.1
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Amendment
No. 1 to Loan Documents
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10.2
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Amended
and Restated 2005 Equity Incentive Plan
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10.3
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Amended
and Restated 2006 Directors Deferred Compensation
Plan
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10.4
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Amended
and Restated 2006 Non-Employee Director Equity
Plan
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10.5
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Amended
and Restated 2006 Executive Officer Cash Bonus Plan
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99.1
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Press
Release Dated November 20, 2008
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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.
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HIBBETT
SPORTS, INC.
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By:
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/s/
Gary A. Smith
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Gary
A. Smith
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Vice
President and Chief Financial
Officer
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November
20, 2008
EXHIBIT
INDEX
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Exhibit
No.
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Description
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10.1
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Amendment
No. 1 to Loan Documents
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10.2
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Amended
and Restated 2005 Equity Incentive Plan
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10.3
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Amended
and Restated 2006 Directors Deferred Compensation
Plan
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10.4
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Amended
and Restated 2006 Non-Employee Director Equity
Plan
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10.5
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Amended
and Restated 2006 Executive Officer Cash Bonus Plan
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99.1
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Press
Release Dated November 20, 2008
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