a5797100.htm
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
____________________
SCHEDULE
14D-9
SOLICITATION/RECOMMENDATION
STATEMENT UNDER SECTION 14(d)(4) OF
THE
SECURITIES EXCHANGE ACT OF 1934
____________________
Jack
in the Box Inc.
(Name
of Subject Company)
Jack
in the Box Inc.
(Name
of Person(s) Filing Statement)
____________________
Common
Stock, Par Value $.01 Per Share
(Title
of Class of Securities)
466367109
(CUSIP
Number of Class of Securities)
Phillip
H. Rudolph
Senior
Vice President, General Counsel and
Corporate
Secretary
9330
Balboa Avenue
San
Diego, CA 92123-1516
858-571-2121
(Name,
Address, and Telephone Numbers of Person Authorized to Receive Notices
and
Communications
on Behalf of the Person(s) filing Statement
With
a copy to:
James
J. Moloney
Gibson
Dunn & Crutcher LLP
3161
Michelson Drive
Irvine,
CA 92612
949-451-4343
|
þ
|
Check
the box if the filing relates solely to preliminary communications made
before the commencement of a tender
offer.
|
Jack in the Box Inc.
released the following press release on October 6, 2008.
FOR IMMEDIATE
RELEASE
Investor
Contact:
Carol
DiRaimo, (858) 571-2407
Media
Contact:
Brian
Luscomb, (858) 571-2291
Jack
in the Box Inc. Responds to Western Sizzlin Corporation’s Press Release
Announcing Proposed Exchange Offer for Approximately 1.2 Percent of the
Company’s Shares
SAN DIEGO, October 6, 2008 –
Jack in the Box Inc. (NYSE: JBX) today said that it has reviewed the Oct. 3,
2008, press release of Western Sizzlin Corporation (NASDAQ:WEST) announcing its
intent to offer an exchange of up to 680,500 shares of JBX stock for WEST stock.
This represents only 1.2 percent of JBX shares outstanding at the end of the
company’s third quarter.
The
company has no additional information pertaining to this unsolicited exchange
offer and will have no further comment on this matter until Western Sizzlin
Corporation files the Form S-4 with the Securities and Exchange Commission
(“SEC”). At that time, the company will evaluate the filing and respond
accordingly. Until then, there is no action that either the company or its
shareholders need to take in response to Western Sizzlin Corporation’s
announcement.
The
exchange offer referred to in this press release has not commenced and this
press release is neither an offer to buy nor an invitation to purchase any
securities, or an offer to sell any securities. This release does not constitute
a recommendation as to any tender or exchange offer that may be commenced, nor
does it constitute a solicitation of any vote or approval that may be
required.
Investors
and security holders of Jack in the Box Inc. are urged to read any disclosure
documents filed with the SEC, including any tender offer statement and/or
registration statement filed by Western Sizzlin Corporation and Jack in the Box
Inc.’s recommendation regarding such exchange offer when it is available because
they will contain important information. Investors and security holders will be
able to obtain a free copy of the disclosure documents and the recommendation
(when they are available) and other documents filed with the SEC at the SEC’s
website at www.sec.gov.
About
Jack in the Box Inc.
Jack in
the Box Inc. (NYSE: JBX), based in San Diego, is a restaurant company that
operates and franchises Jack in the Box® restaurants, one of the nation’s
largest hamburger chains, with more than 2,100 restaurants in 18 states.
Additionally, through a wholly owned subsidiary, the company operates and
franchises Qdoba Mexican Grill®, a leader in fast-casual dining, with more
than 400
restaurants in 40 states. The company also operates a proprietary chain of
convenience stores called Quick Stuff®, with 61 locations, each built adjacent
to a full-size Jack in the Box restaurant and including a major-brand fuel
station. For more information, visit www.jackinthebox.com.
###