ITEM 2.02. Results of Operations and Financial Condition
The information in this Item 2.02 of Form 8-K, including the
accompanying exhibits, shall not be deemed to be "filed" for the
purposes of Section 18 of the Securities and Exchange Act of 1934
(the "Exchange Act"), or otherwise subject to the liability of such
section, nor shall such information be deemed incorporated by
reference in any filing under the Securities Act of 1933 or the
Exchange Act, regardless of the general incorporation language of
such filing, except as shall be expressly set forth by specific
reference in such filing.
On December 4, 2008, the Company issued a press release announcing,
among other things, the Company's November 2008 sales. A copy of
the press release is attached hereto as Exhibit 99.1. The Company's
Management issued a recorded sales commentary on December 4, 2008 to
review the Company's sales results for the month ended November 29,
2008. Additionally, Management provided its fourth quarter 2008
earnings guidance in both the press release and the commentary. A
copy of the sales commentary transcript is attached hereto as
Exhibit 99.2.
ITEM 9.01. Financial Statements and Exhibits
(c) Exhibits
Exhibit No. Description
99.1* Press release dated December 4, 2008 announcing November sales
99.2* November sales commentary transcript dated December 4, 2008
* Such Exhibit is being "furnished" (not filed) pursuant to Item 2.02 of the
Current Report on Form 8-K.