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Peets Coffee & Tea Inc – ‘10-K/A’ for 12/28/03

On:  Monday, 3/15/04, at 9:15pm ET   ·   As of:  3/16/04   ·   For:  12/28/03   ·   Accession #:  917968-4-7   ·   File #:  0-32233

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  As Of                Filer                Filing    For·On·As Docs:Size

 3/16/04  Peets Coffee & Tea Inc            10-K/A     12/28/03    6:13K

Amendment to Annual Report   —   Form 10-K
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-K/A      Amendment to Annual Report                             4±    20K 
 2: EX-23.1     Consent of Experts or Counsel                          1      6K 
 3: EX-31.1     Certification per Sarbanes-Oxley Act (Section 302)     1      5K 
 4: EX-31.2     Certification per Sarbanes-Oxley Act (Section 302)     1      5K 
 5: EX-32.1     Certification per Sarbanes-Oxley Act (Section 906)     1      7K 
 6: EX-32.2     Certification per Sarbanes-Oxley Act (Section 906)     1      7K 


10-K/A   —   Amendment to Annual Report
Document Table of Contents

Page (sequential) | (alphabetic) Top
 
11st Page   -   Filing Submission
"Item 15. Exhibits, Financial Statement Schedules, and Reports on Form 8-K
10-K/A1st “Page” of 2TOCTopPreviousNextBottomJust 1st
 

SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 ______________ FORM 10-K/A AMENDMENT NO. 1 [X] ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934 FOR THE FISCAL YEAR ENDED DECEMBER 28, 2003 OR TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934 COMMISSION FILE NUMBER 0-32233 PEET'S COFFEE & TEA, INC. (EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER) ______________________________ WASHINGTON 91-0863396 (STATE OR OTHER JURISDICTION OF (I.R.S. EMPLOYER INCORPORATION OR ORGANIZATION) IDENTIFICATION NO.) 1400 PARK AVENUE EMERYVILLE, CALIFORNIA 94608-3520 (ADDRESS OF PRINCIPAL EXECUTIVE OFFICES)(ZIP CODE) (510) 594-2100 (REGISTRANT'S TELEPHONE NUMBER, INCLUDING AREA CODE) SECURITIES REGISTERED PURSUANT TO SECTION 12(B) OF THE ACT: COMMON STOCK, NO PAR VALUE SECURITIES REGISTERED PURSUANT TO SECTION 12(G) OF THE ACT: NONE ________________________ Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes [X] No. Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and will not be contained, to the best of registrant's knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K. Indicate by check mark whether the registrant is an accelerated filer (as defined in Exchange Act Rule 12b-2). Yes [X] No The approximate aggregate market value of the voting stock held by non-affiliates of the registrant based on the closing price of the Common Stock on June 29, 2003 (the registrant's most recently completed second quarter) and February 27, 2004 as reported by the Nasdaq National Market, was $204,043,391 and $255,352,259, respectively. Shares of Common Stock held by each officer and director and each person known to the Company to hold 10% or more of the outstanding Common Stock have been excluded as such persons may be deemed to be affiliates of the Company. Such determination of affiliate status is not necessarily a conclusive determination for other purposes. As of February 27, 2004, 13,146,328 shares of registrant's Common Stock were outstanding. DOCUMENTS INCORPORATED BY REFERENCE Portions of the proxy statement related to the registrant's 2004 annual meeting of stockholders, which proxy statement will be filed under the Securities Exchange Act of 1934 within 120 days of the end of the registrant's fiscal year ended December 28, 2003, are incorporated by reference into Part III of this Form 10-K. EXPLANATORY NOTE This Amendment No. 1 (the "Amendment") to Peet's Coffee & Tea, Inc.'s (the "Company") Annual Report on Form 10-K for the fiscal year ended December 28, 2003 (the "Form 10-K") is being filed for the purposes of correcting errors on both the cover page and Exhibit 23.1 to Form 10-K filed electronically with the Securities and Exchange Commission on March 12, 2004. The cover page of Form 10-K failed to contain the following "X" marks: (i) next to the paragraph identifying the filing as an annual report; (ii) next to the "YES" in the paragraph indicating that the Company has timely filed all reports required to be filed by the Securities and Exchange Act of 1934; and (iii) next to the "YES" in the paragraph indicating that the Company is an accelerated filer. Exhibit 23.1 to Form 10-K, the consent from the Company's independent auditors Deloitte & Touche LLP ("Deloitte"), failed to contain a conforming signature even though a signed consent from Deloitte was on file with the Company. No other changes are being made by means of this Amendment. The Company hereby amends Exhibit 23.1 previously filed with its Form 10-K by replacing it with the Exhibit 23.1 attached hereto and incorporated by reference into the Form 10-K. ITEM 15. EXHIBITS, FINANCIAL STATEMENT SCHEDULES, AND REPORTS ON FORM 8-K The Following additional exhibits are filed herewith: EXHIBIT DESCRIPTION ------- ----------- 23.1 Consent of Deloitte & Touche LLP. 31.1 Certification of the Company's Chief Executive Officer, Patrick O'Dea, pursuant to Rule 13a-14(a) under the Securities Exchange Act of 1934, as amended. 31.2 Certification of the Company's Chief Financial Officer, Thomas Cawley, pursuant to Rule 13a-15(a) under the Securities Exchange Act of 1934, as amended 32.1 Certification of the Company's Chief Executive Officer, Patrick O'Dea, pursuant to Section 906 of Sarbanes-Oxley Act of 2002 32.2 Certification of the Company's Chief Financial Officer, Thomas Cawley, pursuant to Section 906 of Sarbanes-Oxley Act of 2002.
10-K/ALast “Page” of 2TOC1stPreviousNextBottomJust 2nd
SIGNATURES Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized. Date: March 15, 2004 PEET'S COFFEE & TEA, INC. By: /s/ Patrick J. O'Dea ----------------------- Patrick J. O'Dea President and Chief Executive Officer Pursuant to the requirements of the Securities Exchange Act of 1934, this report has been signed below by the following persons on behalf of the registrant and in the capacities and on the dates indicated. SIGNATURE TITLE DATE --------- ----- ---- /s/ PATRICK J. O'DEA President, Chief Executive Officer March 15, 2004 ----------------------- and Director (Principal Executive Patrick J. O'Dea Officer) /s/ THOMAS P. CAWLEY Vice President, Chief Financial Officer, March 15, 2004 --------------------- and Secretary (Principal Financial Thomas P. Cawley and Accounting Officer) __________*___________ Chairman March 15, 2004 Jean-Michel Valette __________*___________ Director March 15, 2004 Gerald Baldwin __________*___________ Director March 15, 2004 Hilary Billings __________*___________ Director March 15, 2004 Gordon A. Bowker __________*___________ Director March 15, 2004 H. William Jesse, Jr. __________*___________ Director March 15, 2004 Christopher P. Mottern *By: /s/ PATRICK J. O'DEA ------------------------ Patrick J. O'Dea Attorney-in-Fact

Dates Referenced Herein   and   Documents Incorporated by Reference

Referenced-On Page
This ‘10-K/A’ Filing    Date First  Last      Other Filings
Filed as of:3/16/04
Filed on:3/15/042
3/12/04110-K,  SC 13G
2/27/0414
For Period End:12/28/03110-K
6/29/03110-Q
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Filing Submission 0000917968-04-000007   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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