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): July 29, 2009
Hanesbrands Inc.
(Exact name of registrant as specified in its charter)
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Maryland
(State or other jurisdiction
of incorporation)
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001-32891
(Commission File Number)
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20-3552316
(IRS Employer
Identification
No.) |
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1000 East Hanes Mill Road
Winston-Salem, NC
(Address of principal
executive
offices)
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27105
(Zip Code) |
Registrant’s
telephone number, including area code: (336) 519-8080
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 2.02. Results of Operations and Financial Condition
On July 29, 2009, Hanesbrands Inc. (“Hanesbrands”) issued a press release announcing its
financial results for the second quarter ended July 4, 2009. A copy of the press release is attached
as Exhibit 99.1 to this Current Report on Form 8-K. Exhibit 99.1 is being “furnished” and shall
not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 (the
“Exchange Act”), nor shall Exhibit 99.1 be deemed incorporated by reference in any filing under the
Securities Act of 1933 (the “Securities Act”) or the Exchange Act, except as shall be expressly set
forth by specific reference in such filing.
Exhibit 99.1 contains disclosures about earnings per diluted share excluding actions;
operating profit excluding actions; selling, general and administrative expenses excluding actions;
gross profit excluding actions; net income excluding actions; the margins on sales of these
measures; and EBITDA, all of which are considered non-GAAP performance measures. Hanesbrands has
chosen to provide these performance measures to investors to enable them to perform additional
analyses of past, present and future operating performance and as a supplemental means of
evaluating Hanesbrands’ operations. The non-GAAP information should not be considered a substitute
for financial information presented in accordance with GAAP, and may be different from non-GAAP or
other pro forma measures used by other companies.
Item 7.01. Regulation FD Disclosure
Exhibit 99.1 to this Current Report on Form 8-K includes forward-looking financial information
that is expected to be discussed on the previously announced conference call with investors and
analysts to be held by us at 4:30 p.m., Eastern time, today (July 29, 2009). The call may be
accessed on the home page of the Hanesbrands corporate Web site, www.hanesbrands.com. Replays of
the call will be available in the investors section of the Hanesbrands corporate Web site and via
telephone. The telephone playback will be available from approximately 7:00 p.m., Eastern time, on
July 29, 2009, until midnight, Eastern time, on August 5, 2009. The replay will be available by
calling toll-free (800) 642-1687, or by toll call at (706) 645-9291. The replay pass code is
18872708. Exhibit 99.1 is being “furnished” and shall not be deemed “filed” for purposes of
Section 18 of the Exchange Act, nor shall it be deemed incorporated by reference in any filing
under the Securities Act or the Exchange Act, except as shall be expressly set forth by specific
reference in such filing.
Item 9.01. Financial Statements and Exhibits
(c) Exhibits
Exhibit 99.1 Press release dated July 29, 2009