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

February 25, 2019

Date of Report (Date of earliest event reported)

 

 

 

 

 

SHAKE SHACK INC.

(Exact name of registrant as specified in its charter)

 

 

 

Delaware 001-36823 47-1941186

(State or other jurisdiction of

incorporation or organization)

(Commission

File Number)

(IRS Employer

Identification No.)

 

225 Varick Street, Suite 301

New York, New York

10014
(Address of principal executive offices) (Zip Code)

 

(646) 747-7200

(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:

 

¨ 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))

 

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (17 CFR §230.405) or Rule 12b-2 of the Securities Exchange Act of 1934 (17 CFR §240.12b-2).

 

Emerging growth company ¨

 

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ¨

 

 

 

  

 

 

Item 2.02 Results of Operations and Financial Condition.

 

On February 25, 2019, Shake Shack Inc. (the “Company”) issued a press release announcing its financial results for the fourth quarter and fiscal year ended December 26, 2018.

 

The full text of the press release is furnished as Exhibit 99.1 to this Current Report on Form 8-K and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or incorporated by reference in any filing under the Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such a filing.

 

Item 7.01 Regulation FD Disclosure.

 

On February 25, 2019, the Company provided supplemental financial information to be used in its earnings presentation for the fiscal fourth quarter ended December 26, 2018 on its website at investor.shakeshack.com.  The supplemental financial information is furnished as Exhibit 99.2 to this Current Report on Form 8-K and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or incorporated by reference in any filing under the Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such a filing.

 

Item 9.01 Financial Statements and Exhibits.

 

(d)Exhibits.

 

Exhibit

Number

  Exhibit Description
99.1   Shake Shack Inc. press release dated February 25, 2019 announcing its financial results for the fourth quarter and fiscal year ended December 26, 2018. (furnished only)
99.2   Supplemental Financial Information dated February 25, 2019 provided by Shake Shack Inc. (furnished only)

 

  

 

 

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.

 

   Shake Shack Inc.
   (Registrant)
     
  By:  /s/   Tara Comonte
    Tara Comonte
Date: February 25, 2019   Chief Financial Officer

 

  

 

 

EXHIBIT INDEX

 

Exhibit

Number

  Exhibit Description
99.1   Shake Shack Inc. press release dated February 25, 2019 announcing its financial results for the fourth quarter and fiscal year ended December 26, 2018. (furnished only)
99.2   Supplemental Financial Information dated February 25, 2019 provided by Shake Shack Inc. (furnished only)