UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
FORM 8-K/A
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): January 5, 2005
Rocky Mountain Chocolate Factory, Inc.
| Colorado | 0-14749 | 84-0910696 | ||
| (State or other jurisdiction | (Commission | (IRS Employer | ||
| of incorporation) | File Number) | Identification No.) |
265 Turner Drive
Durango, Colorado 81303
(Address, including zip code, of principal executive offices)
Registrant’s telephone number, including area code: (970) 259-0554
| EXPLANATORY NOTE | ||||||||
| Item 2.02 Results of Operations and Financial Condition. | ||||||||
| Item 7.01 Regulation FD Disclosure. | ||||||||
| Item 9.01 Financial Statements and Exhibits. | ||||||||
| SIGNATURE | ||||||||
| INDEX TO EXHIBITS | ||||||||
| Press Release | ||||||||
EXPLANATORY NOTE
This Amendment No. 1 on Form 8-K/A (the “8-K/A”) is an amendment to the Rocky Mountain Chocolate Factory, Inc. Current Report on Form 8-K, dated January 5, 2005 (the “3rd Quarter Earnings 8-K”). The purpose of this 8-K/A is to correct a typographical error appearing under the heading “Store Information” on page 4 of the Press Release filed as Exhibit 99.1 to the 3rd Quarter Earnings 8-K. Except for correction of the typographical error referenced above, this 8-K/A does not update, modify, or amend any disclosure set forth in the 3rd Quarter Earnings 8-K.
Item 2.02 Results of Operations and Financial Condition.
The Company has issued a press release concerning its third quarter ended November 30, 2004. The press release includes information regarding its results of operations and financial condition for the quarter, and is filed as an exhibit to this Form 8-K/A.
Item 7.01 Regulation FD Disclosure.
The Company has issued a press release giving guidance concerning, among other things, its estimated full-year earnings per share. The Company has elected to furnish the press release as an exhibit to this Form 8-K/A.
Item 9.01 Financial Statements and Exhibits.
| (c) | Exhibits |
| Item | Exhibit | |||
| 99.1 | Press Release dated January 5, 2005. | |||
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SIGNATURE
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.
| ROCKY MOUNTAIN CHOCOLATE FACTORY, INC. |
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| Date: January 5, 2005 | By: | /s/ Bryan J. Merryman | ||
| Bryan J. Merryman, Chief Operating | ||||
| Officer, Chief Financial Officer, Treasurer and Director | ||||
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