american_8-k.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): October 27, 2008
 
 
American Apparel, Inc.
(Exact Name of Registrant as Specified in Charter)
 
     
Delaware
001-32697
20-3200601
(State or Other Jurisdiction
of Incorporation)
(Commission File Number)
(IRS Employer
Identification No.)
 
   
747 Warehouse Street, Los Angeles, California
90021-1106
(Address of Principal Executive Offices)
(Zip Code)
 
Registrant’s telephone number, including area code: (213) 488-0226
 
Not Applicable
(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 October 27, 2008, the Board of Directors of American Apparel, Inc., approved the First Amendment to the 2007 Performance Equity Plan (the “Plan”) to require shareholder approval for the repricing or replacement of any stock option granted under the Plan and for the substitution of any other type of award for previously granted awards that have less favorable terms.  In addition, the Plan was amended to remove the ability of the Company to repurchase previously granted stock options.  This summary is qualified in its entirety by the amendment to the Plan, which is attached hereto as Exhibit 10.1, and is incorporated herein by reference.
 
Item 9.01  Financial Statements and Exhibits.
 
 
 
(d)
Exhibits.
     
  10.1 First Amendment to the 2007 Performance Equity Plan
     
 
 
 
 
 
 
 

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.
 


   
 
AMERICAN APPAREL, INC.
   
   
   
Dated: October 30, 2008
By:
 /s/ Dov Charney
 
   
Name: Dov Charney
   
Title: President and Chief Executive Officer
 
 
 
 
 

 
EXHIBIT INDEX

Exhibit No.
Description
   
   
10.1
First Amendment to the 2007 Performance Equity Plan