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
16, 2009 (December 10, 2009)
Rite
Aid Corporation
(Exact
name of registrant as specified in its charter)
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Delaware
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1-5742
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23-1614034
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(State
or Other Jurisdiction
of
Incorporation)
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(Commission
File Number)
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(IRS
Employer
Identification
Number)
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30
Hunter Lane, Camp Hill, Pennsylvania 17011
(Address
of principal executive offices, including zip code)
(717)
761-2633
(Registrant’s
telephone number, including area code)
N/A
(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
December 10, 2009, the Company entered into a Fourth Amendment (the “Fourth
Amendment”) to its Supply Agreement dated December 22, 2003, as amended by the
First Amendment to the Supply Agreement dated December 8, 2007; the Second
Amendment to the Supply Agreement dated November 7, 2008; and the Third
Amendment to the Supply Agreement dated February 1, 2009 (collectively the
“Agreement”) with McKesson Corporation (“McKesson”) for the supply by McKesson
to the Company of prescription drugs and other health and beauty care products
and the provision of services related thereto by McKesson to the
Company.
The
Agreement requires the Company to purchase from McKesson, subject to certain
exceptions, all of the Company’s requirements for brand name prescription drugs,
as well as some generic prescription drugs, for Company purchases for warehouse
delivery. The Agreement also requires the Company to purchase from
McKesson, subject to certain exceptions, all of the Company’s requirements for
prescription drugs for Company purchases for direct store delivery, i.e., that
are not supplied to the Company’s stores from the Company’s
warehouses.
Pursuant
to the Fourth Amendment, the Agreement has been renewed for an additional term
commencing on November 1, 2009 and ending on April 1, 2013. Pricing
of prescription drugs under the Agreement, as amended by
the Fourth Amendment, continues to be generally based on published wholesale
acquisition cost, less certain discounts, rebates and other adjustments that
vary with the type of products being purchased and services
provided.
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.
Date: December
16, 2009
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By:
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/s/
Marc A. Strassler
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Name:
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Marc
A. Strassler
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Title:
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Executive
Vice President,
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General
Counsel and Secretary
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