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): March 18, 2009
Luby's, Inc.
(Exact
name of registrant as specified in its charter)
|
Delaware |
001-8308 |
74-1335253 |
|
(State or other jurisdiction of incorporation or organization)
|
(Commission File Number) |
(IRS Employer Identification No.)
|
|
13111 Northwest Freeway, Suite 600 Houston, Texas 77040 |
|
(Address of principal executive offices, including zip code) |
| (713) 329-6800 |
| (Registrant's telephone number, including area code) |
| (Former name, former address and former fiscal year, 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
1.01. Entry into a Material Definitive Agreement.
On March 18, 2009, Luby's, Inc. (the "Company") entered into an amendment to the Credit Agreement dated July 13, 2007 between the Company and , the lenders party thereto, Wells Fargo Bank, National Association, as Administrative Agent; and Amegy Bank, National Association, as Syndication Agent.
This amendment was unanimously approved by the Company's Finance and Audit Committee, which is comprised solely of independent directors.
The foregoing description of the amendment to the Credit Agreements does not purport to be complete and is qualified in its entirety by reference to the amendment to the Credit Agreement, copy of which is attached as Exhibits 4.1 to this Form 8-K and are incorporated herein by reference.
ITEM
2.02. RESULTS OF OPERATIONS AND FINANCIAL CONDITION.
On March 18, 2009, the Company released a press release announcing the results of the second quarter ended February 11, 2009. A copy of that release is attached as Exhibit 99.1. The information and exhibit furnished under Item 2.02 of this Current Report on Form 8-K shall not be deemed to be “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section.
ITEM
9.01. FINANCIAL STATEMENTS AND EXHIBITS.
| Exhibit 4.1 | Amendment No. 1 dated March 18, 2009 to Credit Agreement dated July 13, 2007, among the Company, the lenders party thereto, Wells Fargo Bank, National Association, as Administrative Agent , and Amegy Bank, National Association, as Syndication Agent |
| Exhibit 99.1 | Luby’s Press release dated March 18, 2009 |
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.
|
LUBY'S, INC. |
|||||
| (Registrant) | |||||
| Date: |
March 18, 2009 |
By: |
/s/ Christopher J. Pappas |
||
|
Christopher J. Pappas |
|||||
|
President and Chief Executive Officer |
|||||
EXHIBIT INDEX
|
Exhibit No. |
Description |
|
| 4.1 |
Amendment No. 1 dated March 18, 2009 to Credit Agreement dated July 13, 2007, among the Company, the lenders party thereto, Wells Fargo Bank, National Association, as Administrative Agent, and Amegy Bank, National Association, as Syndication Agent |
|
| 99.1 | Luby’s Press Release dated March 18, 2009 | |