UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
FORM
CURRENT REPORT
Pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported):
(Exact Name of Registrant as Specified in Charter)
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(Commission File Number) |
(IRS Employer Identification No.) |
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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:
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Written communication pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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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 5.02 | Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers. |
On March 10, 2020, the board of directors (“Board”) of Five Below, Inc. (the “Company”) approved the adoption of the Company’s 2020 Performance Bonus Plan (the “Performance Bonus Plan”). The Board’s approval followed the approval of the Performance Bonus Plan by the Compensation Committee of the Board (“Compensation Committee”).
The Performance Bonus Plan provides opportunities for the employees of the Company (including senior management) to receive cash bonus payments based on the achievement of certain performance goals, as determined by the Compensation Committee. The Compensation Committee has the authority to administer, interpret and apply the Performance Bonus Plan, including the authority to establish performance goals, gauge the achievement of such performance goals and determine amounts payable to employees.
The foregoing description of the Performance Bonus Plan is not complete and is qualified in its entirety by reference to the Performance Bonus Plan, a copy of which is included as Exhibit 10.1 to this Current Report on Form 10-K.
| Item 9.01 | Financial Statements and Exhibits. |
(d) Exhibits
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Exhibit Description | |||
| 10.1 |
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| 104 |
Cover Page Interactive Data File (embedded within the XBRL file) | |||
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.
| Five Below, Inc. | ||||||
| Date: March 16, 2020 |
By: |
/s/ Kenneth R. Bull | ||||
| Name: |
Kenneth R. Bull | |||||
| Title: |
Chief Financial Officer | |||||