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) September 2, 2005
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FRIENDLY ICE CREAM CORPORATION
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(Exact Name Of Registrant As Specified In Its Charter)
MASSACHUSETTS
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(State or Other Jurisdiction of Incorporation)
001-13579 04-2053130
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(Commission File Number) (I.R.S. Employer Identification No.)
1855 Boston Road, Wilbraham, MA 01095
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(Address of Principal Executive Offices) (Zip Code)
(413) 543-2400
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(Registrant's Telephone Number, Including Area Code)
Not Applicable
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(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):
[ ] 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
Effective September 2, 2005, Friendly Ice Cream Corporation (the
"Company") and Lawrence A. Rusinko, the Company's former Senior Vice President
of Marketing, amended the separation agreement entered into between the Company
and Mr. Rusinko effective on May 31, 2005. The amendment changes the dates on
which a portion of the severance payments from the Company to Mr. Rusinko will
be made to ensure that such payments will not be treated as nonqualified
deferred compensation subject to Section 409A of the Internal Revenue Code. A
copy of the Amendment to the Memorandum of Agreement is attached hereto as
Exhibit 10.16.
Item 9.01 Financial Statements and Exhibits
(c) Exhibits
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Exhibit Number Exhibit Description
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10.16 Amendment to Memorandum of Agreement dated as of
September 2, 2005
2
SIGNATURE
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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, thereunto duly authorized.
Dated: September 9, 2005 FRIENDLY ICE CREAM CORPORATION
By: /s/ PAUL V. HOAGLAND
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Name: Paul V. Hoagland
Title: Executive Vice President of
Administration and Chief
Financial Officer
EXHIBIT INDEX
Exhibit Number Exhibit Description
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10.16 Amendment to Memorandum of Agreement dated as of
September 2, 2005