- Amended Quarterly Report (10-Q/A)
November 09 2010 - 8:22AM
Edgar (US Regulatory)
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-Q/A
(Amendment No. 1)
(Mark
One)
x
QUARTERLY
REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT
OF 1934
For the quarterly period ended October 3, 2010
or
o
TRANSITION REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF
1934
For the transition period from
to
Commission File Number: 0-49916
RED ROBIN
GOURMET BURGERS, INC.
(Exact name of registrant as specified in its charter)
Delaware
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84-1573084
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(State or other jurisdiction of incorporation or organization)
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(I.R.S. Employer Identification No.)
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6312 S. Fiddlers Green
Circle, Suite 200N
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Greenwood Village, CO
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80111
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(Address of principal executive offices)
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(Zip Code)
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(303) 846-6000
(Registrants telephone number, including area code)
(Former name, former address and former fiscal year, if changed since
last report)
Indicate
by check mark whether the registrant (1) has filed all reports required to
be filed by Section 13 or 15(d) of the Securities Exchange Act of
1934 during the preceding 12 months (or for such shorter period that the
registrant was required to file such reports), and (2) has been subject to
such filing requirements for the past 90 days. Yes
x
No
o
Indicate
by check mark whether the registrant has submitted electronically and posted on
its corporate Web site, if any, every Interactive Data File required to be
submitted and posted pursuant to Rule 405 of Regulation S-T (§232.405 of
this chapter) during the preceding 12 months (or for such shorter period that
the registrant was required to submit and post such files). Yes
o
No
o
Indicate
by check mark whether the registrant is a large accelerated filer, an
accelerated filer, a non-accelerated filer, or a smaller reporting
company. See definitions of large
accelerated filer, accelerated filer, and smaller reporting company in
Rule 12b-2 of the Exchange Act.
(Check one):
Large accelerated filer
o
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Accelerated filer
x
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Non-accelerated filer
o
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Smaller reporting company
o
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(Do
not check if a smaller reporting company)
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Indicate
by check mark whether the registrant is a shell company (as defined in
Rule 12b-2 of the Exchange Act). Yes
o
No
x
Indicate
the number of shares outstanding of each of the issuers classes of common
stock, as of the latest practicable date.
Class
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Outstanding at November 3, 2010
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Common Stock, $0.001 par value per share
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15,595,799
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EXPLANATORY NOTE
Red Robin Gourmet Burgers, Inc.
(the Company) is filing this Amendment No. 1 on Form 10-Q/A (this Amendment)
with respect to its Quarterly Report on Form 10-Q for the fiscal quarter
ended October 3, 2010, as filed with the Securities and Exchange
Commission on November 5, 2010 (the Original Filing). The Company is filing this Amendment to
correct the number of outstanding shares of its common stock set forth on the
facing page of the Original Filing, which inadvertently included shares
held in treasury. The correct number of outstanding shares of common stock as
of November 3, 2010 is 15,595,799 as is set forth on the facing page of
this Amendment. In addition, in
connection with the filing of this Amendment and pursuant to the rules of
the Securities and Exchange Commission, the Company is including with this
Amendment certain currently dated certifications.
Except as described above,
the Original Filing has not been amended, updated or otherwise modified. The
Original Filing, as amended by this Amendment, continues to speak as of the
date of the Original Filing and does not reflect events occurring after the
filing of the Original Filing or update or otherwise modify any related or
other disclosures, including forward-looking statements. Accordingly, this
Amendment should be read in conjunction with the Companys Original Filing.
Item
6. Exhibits
Exhibit
Number
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Description
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31.1
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Rule 13a-14(a) Certification
of Chief Executive Officer (filed herewith)
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31.2
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Rule 13a-14(a) Certification
of Chief Financial Officer (filed herewith)
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32.1
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Section 1350
Certifications of Chief Executive Officer and Chief Financial Officer (filed
herewith)
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2
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 thereunto duly authorized.
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Red
Robin Gourmet Burgers, Inc.
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November 8,
2010
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/s/
Katherine L. Scherping
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(Date)
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Katherine
L. Scherping
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Chief
Financial Officer
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3
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