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): August 5, 2005 --------------------- (August 5, 2005) --------------------- SYMS CORP -------------------------------------------------------------------------------- (Exact name of Registrant as Specified in its Charter) New Jersey -------------------------------------------------------------------------------- (State or other Jurisdiction of Incorporation) 1-8546 22-2465228 -------------------------------------------------------------------------------- (Commission File Number) (IRS Employer Identification No.) Syms Way, Secaucus, NJ 07094 -------------------------------------------------------------------------------- (Address of Principal Executive Offices) (Zip Code) (201) 902-9600 -------------------------------------------------------------------------------- (Registrant's Telephone Number, Including Area Code) -------------------------------------------------------------------------------- (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. On August 5, 2005, the Stock Option Committee of the Board of Directors of Syms Corp (the "Company") approved the form of nonqualified stock option agreement, incentive option award agreement and restricted stock award agreement used in connection with option grants, incentive option grants and restricted stock grants under the Company's 2005 Stock Option Plan. Copies of the forms are attached hereto as Exhibits 10.1, 10.2 and 10.3. A copy of the 2005 Stock Option Plan, as amended, is attached hereto as Exhibit 10.4. Item 9.01 Financial Statements and Exhibits. (c) Exhibits 10.1 Form of Nonqualified Stock Option Award Agreement 10.2 Form of Incentive Option Award Agreement 10.3 Form of Restricted Stock Award Agreement 10.4 Syms Corp 2005 Stock Option Plan, as amended SIGNATURE Pursuant to the requirements of the Securities and Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. SYMS CORP By: /s/ Antone F. Moreira ------------------------ Name: Antone F. Moreira Title: Vice President, Chief Financial Officer Date: August 5, 2005 EXHIBIT INDEX Exhibit Number Description 10.1 Form of Nonqualified Stock Option Award Agreement 10.2 Form of Incentive Option Agreement 10.3 Form of Restricted Stock Award Agreement 10.4 Syms Corp 2005 Stock Option Plan, as amended