UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 10-Q/A
Amendment No. 1
| x | QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the quarterly period ended November 23, 2011
or
| ¨ | 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: 001-08308
Luby’s, Inc.
(Exact name of registrant as specified in its charter)
| Delaware | 74-1335253 | |
| (State or other jurisdiction of incorporation or organization) |
(IRS Employer Identification No.) | |
| 13111 Northwest Freeway, Suite 600 Houston, Texas |
77040 | |
| (Address of principal executive offices) | (Zip Code) | |
(713) 329-6800
(Registrant’s telephone number, including area code)
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 ¨
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 x No ¨
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 the definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act:
| Large accelerated filer | ¨ | Accelerated filer | x | |||
| Non-accelerated filer | ¨ | Smaller reporting company | ¨ | |||
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes ¨ No x
As of December 12, 2011 there were 28,165,862 shares of the registrant’s common stock outstanding.
| EX-101 INSTANCE DOCUMENT |
| EX-101 SCHEMA DOCUMENT |
| EX-101 CALCULATION LINKBASE DOCUMENT |
| EX-101 LABELS LINKBASE DOCUMENT |
| EX-101 PRESENTATION LINKBASE DOCUMENT |
| EX-101 DEFINITION LINKBASE DOCUMENT |
Explanatory Note
The purpose of this Amendment No. 1 to our Quarterly Report on Form 10-Q for the period ended November 23, 2011, as filed with the Securities and Exchange Commission on December 27, 2011, is to furnish Exhibit 101 to the Form 10-Q as required by rule 405 of Regulations S-T. Exhibit 101 to this report provides the following items from our Form 10-Q formatted in Extensible Business Reporting Language (XBRL); (1) the unaudited Consolidated Balance Sheets (ii) the unaudited Consolidated Statements of Income, (iii) the unaudited Consolidated Statement of Shareholders’ Equity, (iv) the unaudited Consolidated Statements of Cash Flows and (v) the notes to the unaudited consolidated financial statements, tagged as blocks of text.
Users of this data are advised that pursuant to Rule 406T of Regulations S-T these interactive data files are deemed not filed or part of a registration statement or prospectus for purposes of sections 11 or 12 of the Securities Act of 1933, are deemed not filed for purposes of section 18 of the Securities and Exchange Act of 1934, and otherwise are not subject to liability under those sections. No other changes have been made to the Form 10-Q other that those described above. This Amendment No. 1 does not reflect subsequent events occurring after the original filing date of the Form 10-Q or modify or update in any way disclosures made in the Form 10-Q.
| (a) | Exhibits: |
| Exhibit Number |
Description | |
| *101 | The following materials from Luby’s, Inc. Quarterly Report on Form 10-Q for the quarter ended November 23, 2011, formatted in XBRL (Extensible Business Reporting Language): (i) the unaudited Consolidated Balance Sheets, (ii) the unaudited Consolidated Statements of Income, (iii) the unaudited Consolidated Statement of Shareholders’ Equity, (iv) the unaudited Consolidated Statements of Cash Flows, and (v) the notes to the consolidated financial statements, tagged as blocks of text. | |
| * | Furnished with this Form 10-Q/A |
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.
| LUBY’S, INC. (Registrant) | ||||
| Date: January 6, 2012 | By: | /s/ Christopher J. Pappas | ||
| Christopher J. Pappas | ||||
| President and Chief Executive Officer | ||||
| (Principal Executive Officer) | ||||
| Date: January 6, 2012 | By: | /s/ K. Scott Gray | ||
| K. Scott Gray | ||||
| Senior Vice President and Chief Financial Officer | ||||
| (Principal Financial and Accounting Officer) | ||||