-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, VzH5hlwgAkx3kWNIcH0Xoyu78Ug1iA8w8qEwcMN55lK+E/O1XggWLGV8GR6NMbB6 79TxeYoc1GTNBzyievWt9g== 0001341004-09-002522.txt : 20091216 0001341004-09-002522.hdr.sgml : 20091216 20091216160351 ACCESSION NUMBER: 0001341004-09-002522 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20091210 ITEM INFORMATION: Entry into a Material Definitive Agreement FILED AS OF DATE: 20091216 DATE AS OF CHANGE: 20091216 FILER: COMPANY DATA: COMPANY CONFORMED NAME: RITE AID CORP CENTRAL INDEX KEY: 0000084129 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-DRUG STORES AND PROPRIETARY STORES [5912] IRS NUMBER: 231614034 STATE OF INCORPORATION: DE FISCAL YEAR END: 0306 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-05742 FILM NUMBER: 091244649 BUSINESS ADDRESS: STREET 1: 30 HUNTER LANE CITY: CAMP HILL OWN STATE: PA ZIP: 17011 BUSINESS PHONE: 7177612633 MAIL ADDRESS: STREET 1: PO BOX 3165 CITY: HARRISBURG STATE: PA ZIP: 17105 FORMER COMPANY: FORMER CONFORMED NAME: RACK RITE DISTRIBUTORS DATE OF NAME CHANGE: 19680510 FORMER COMPANY: FORMER CONFORMED NAME: LEHRMAN LOUIS & CO DATE OF NAME CHANGE: 19680510 8-K 1 form8-k.htm FORM 8-K form8-k.htm
 
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)


Delaware
1-5742
23-1614034
(State or Other Jurisdiction
of Incorporation)
(Commission File Number)
(IRS Employer
Identification Number)


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



 
By: 
/s/ Marc A. Strassler
  
   
Name: 
Marc A. Strassler
  
   
Title:
Executive Vice President,
  
     
General Counsel and Secretary
  

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