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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):
December 11, 2009
UNIFI, INC.
(Exact name of registrant as specified in its charter)
         
New York
(State of Incorporation)
  1-10542
(Commission File Number)
  11-2165495
(IRS Employer
Identification No.)
7201 West Friendly Avenue
Greensboro, North Carolina 27410

(Address of principal executive offices, including zip code)
(336) 294-4410
(Registrant’s telephone number, including area code)
Not Applicable
(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:
o   Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o   Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o   Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o   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 December 11, 2009, Unifi Manufacturing, Inc. (“UMI”), a wholly owned subsidiary of Unifi, Inc. (the “Registrant”), and Dillon Yarn Corporation (“DYC”), entered into a Second Amendment (the “Amendment”) to the Sales and Services Agreement dated as of January 1, 2007 (the “Agreement”). The Amendment provides that effective January 1, 2010, the term of the Agreement will be extended for a one (1) year term, which will expire on December 31, 2010, and the consideration for the Sales Services (as defined in the Agreement) and Transitional Services (as defined in the Agreement) to be provided by DYC to UMI during the one year term of the Amendment shall be $1,300,000, paid in advance, in quarterly installments of $325,000 each.
     Mr. Stephen Wener, the Chairman of the Board of Directors of the Registrant, is the President and Chief Executive Officer of DYC, and together with his wife, beneficially owns 17.5% of the equity interest in DYC.
     The foregoing description of the Amendment does not purport to be complete and is qualified in its entirety by reference to the full text of the Amendment, a copy of which is filed as Exhibit 10.1 hereto and is incorporated herein by reference.
ITEM 9.01.   FINANCIAL STATEMENTS AND EXHIBITS.
(d) Exhibits.
         
EXHIBIT NO.   DESCRIPTION OF EXHIBIT
  10.1    
Second Amendment to Sales and Services Agreement, executed on December 11, 2009, by and between UMI and DYC.

 


 

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 hereunto duly authorized.
         
  UNIFI, INC.
 
 
  By:   /s/ Charles F. McCoy    
    Charles F. McCoy   
Dated: December 11, 2009    Vice President, Secretary and General Counsel   
 

 


 

INDEX TO EXHIBITS
         
EXHIBIT NO.   DESCRIPTION OF EXHIBIT
  10.1    
Second Amendment to Sales and Services Agreement, executed on December 11, 2009, by and between UMI and DYC.