UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

FORM 8-K/A

(Amendment No. 1)

 

 

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): May 3, 2017

 

 

UNIFI, INC.

(Exact name of registrant as specified in its charter)

 

 

 

New York		1-10542		11-2165495
(State or other jurisdiction of incorporation)		(Commission File Number)		(IRS Employer Identification No.)

7201 West Friendly Avenue

Greensboro, North Carolina 27410

(Address of principal executive offices) (Zip Code)

Registrant’s telephone number, including area code: (336) 294-4410

 

 

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))

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging growth company  ☐

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.  ☐

 

 

 

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EXPLANATORY NOTE

This Amendment No. 1 amends the Current Report on Form 8-K (the “Original 8-K”) Unifi, Inc. (the “Company”) filed with the Securities and Exchange Commission on May 4, 2017, regarding, among other things, the appointment of Kevin D. Hall as Chief Executive Officer of the Company and his election as a member of the Board of Directors of the Company (the “Board”), to report that the Company and Mr. Hall entered into an amendment (the “Amendment”) to his Employment Agreement with the Company (the “Employment Agreement”) to accelerate the start date of Mr. Hall’s employment with the Company and his election as a member of the Board. The disclosure included in the Original 8-K otherwise remains unchanged.

 

Item 5.02.

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

On May 19, 2017, the Company and Mr. Hall entered into the Amendment to the Employment Agreement to accelerate the start date of his employment as Chief Executive Officer of the Company and his election as a member of the Board to make each effective as of that same date (the “Amended Start Date”). All other terms of the Employment Agreement remain unchanged.

As reported in the Original 8-K, pursuant to the terms of the Employment Agreement, Mr. Hall received on the Amended Start Date an award of (i) options to purchase 25,000 shares of the Company’s common stock and (ii) restricted stock units representing 75,000 shares of the Company’s common stock. A copy of the Employment Agreement was filed as Exhibit 10.1 to the Original 8-K.

The foregoing description of the Amendment does not purport to be complete and is qualified in its entirety by the contents of the Amendment, a copy of which is attached hereto as Exhibit 10.1 and is incorporated into this Item 5.02 by reference.

 

Item 9.01.

Financial Statements and Exhibits.

(d) Exhibits.

The following exhibit is filed herewith:

 

Exhibit No.		Description
10.1		Amendment No. 1 to Employment Agreement for Kevin D. Hall, dated May 19, 2017.

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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.

 

				UNIFI, INC.
Date: May 19, 2017				By:		/s/ THOMAS H. CAUDLE, JR.
						Thomas H. Caudle, Jr.
						President

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EXHIBIT INDEX

 

Exhibit No.		Description
10.1		Amendment No. 1 to Employment Agreement for Kevin D. Hall, dated May 19, 2017.

Exhibit 10.1

AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT

THIS AMENDMENT NO. 1 (this “Amendment”) is made and entered into as of May 19, 2017 (the “Effective Date”), by and between Kevin D. Hall (“Executive”) and Unifi, Inc. (the “Employer”).

WHEREAS, Executive and the Employer entered into an Employment Agreement dated as of May 3, 2017 (the “Employment Agreement”); and

WHEREAS, Executive and the Employer desire to enter into this Amendment to accelerate the commencement date of Executive’s employment with the Employer.

In consideration of the foregoing, the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Amendment. Section 1 of the Employment Agreement is deleted in its entirety and replaced with the following:

 

1. Employment. Subject to the terms and conditions of this Agreement, the Employer agrees to employ Executive, and Executive agrees to be employed by the Employer, as of May 19, 2017 (the “Start Date”), pursuant to the terms of this Agreement.

2. Continuing Effect of Employment Agreement. Except as expressly or by necessary implication amended by this Amendment, the Employment Agreement shall continue in full force and effect.

IN WITNESS WHEREOF, the Employer has caused this Amendment to be executed by its duly authorized officer, and Executive has hereunto signed this Amendment, as of the Effective Date.