-----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, FyggcpQhZlL4JwYYCdv+XDJrW33/bf3W3MMa62oBUdHszDv8+iJjZsphej/svf5z Bv6EgogxMN9Gzpv7Stkzqw== 0000852772-02-000028.txt : 20020812 0000852772-02-000028.hdr.sgml : 20020812 20020812150726 ACCESSION NUMBER: 0000852772-02-000028 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20020812 ITEM INFORMATION: Other events FILED AS OF DATE: 20020812 FILER: COMPANY DATA: COMPANY CONFORMED NAME: DENNYS CORP CENTRAL INDEX KEY: 0000852772 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 133487402 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-18051 FILM NUMBER: 02726696 BUSINESS ADDRESS: STREET 1: 203 E MAIN ST CITY: SPARTANBURG STATE: SC ZIP: 29319 BUSINESS PHONE: 8645978000 MAIL ADDRESS: STREET 1: 203 EAST MAIN STREET CITY: SPARTANBURG STATE: SC ZIP: 29319 FORMER COMPANY: FORMER CONFORMED NAME: TW HOLDINGS INC DATE OF NAME CHANGE: 19920703 FORMER COMPANY: FORMER CONFORMED NAME: FLAGSTAR COMPANIES INC DATE OF NAME CHANGE: 19930722 FORMER COMPANY: FORMER CONFORMED NAME: ADVANTICA RESTAURANT GROUP INC DATE OF NAME CHANGE: 19980107 8-K 1 dencorp9478k.txt CEO/CFO CERTIFICATIONS UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 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): August 12, 2002 DENNY'S CORPORATION - -------------------------------------------------------------------------------- (Exact name of registrant as specified in its charter) Delaware 0-18051 13-3487402 - ---------------------------- -------------------- --------------------- (State or other jurisdiction (Commission File No.) (I.R.S. Employer of incorporation) Identification No.) 203 East Main Street, Spartanburg, SC 29319-9966 - ---------------------------------------- --------------------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (864) 597-8000 Former name or former address, if changed since last report: Item 5. Other Events On August 12, 2002, Denny's Corporation (formerly Advantica Restaurant Group, Inc.) submitted to the Securities and Exchange Commission the Statements under Oath of Principal Executive Officer and Principal Financial Officer in accordance with the Commission's June 27, 2002 Order (File No. 4-460) requiring the filing of sworn statements pursuant to Section 21(a)(1) of the Securities and Exchange Act of 1934, as amended. Item 7. Financial Statements and Exhibits (c) Exhibits Listed below are all exhibits filed as a part of this current report. Exhibit Number Description -------------- ----------- 99.1 Statement Under Oath Of Nelson J. Marchioli, Principal Executive Officer Regarding Facts and Circumstances Relating to Exchange Act Filings. 99.2 Statement Under Oath of Andrew F. Green, Chief Financial Officer Regarding Facts and Circumstances Relating to Exchange Act Filings. 2 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. DENNY'S CORPORATION By: /s/Rhonda J. Parish ------------------------------- Name: Rhonda J. Parish Title: Executive Vice President, General Counsel and Secretary Date: August 12, 2002 -3- EX-99 3 ceocertification.txt EXHIBIT 99.1 - CEO CERTIFICATION Exhibit 99.1 STATEMENT UNDER OATH OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER REGARDING FACTS AND CIRCUMSTANCES RELATING TO EXCHANGE ACT FILINGS I, Nelson J. Marchioli, the President and Chief Executive Officer of Denny's Corporation (formerly Advantica Restaurant Group, Inc.), state and attest that: (1) To the best of my knowledge, based upon a review of the covered reports of Denny's Corporation, and, except as corrected or supplemented in a subsequent covered report: no covered report contained an untrue statement of a material fact as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed); and no covered report omitted to state a material fact necessary to make the statements in the covered report, in light of the circumstances under which they were made, not misleading as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed). (2) I have reviewed the contents of this statement with the Company's audit committee. (3) In this statement under oath, each of the following, if filed on or before the date of this statement, is a "covered report": annual report on Form 10-K of Denny's Corporation (formerly Advantica Restaurant Group, Inc.) for the year ended December 26, 2001; all reports on Form 10-Q, all reports on Form 8-K and all definitive proxy materials of Denny's Corporation (formerly Advantica Restaurant Group, Inc.) filed with the Commission subsequent to the filing of the Form 10-K identified above; and any amendments to any of the foregoing. /s/ Nelson J. Marchioli Subscribed and sworn to - --------------------------- before me this 12th day of Nelson J. Marchioli August, 2002. August 12, 2002 /s/ Kelly C. Land -------------------------- Notary Public My Commission Expires: May 11, 2009 -------------------------- EX-99 4 cfocertification.txt EXHIBIT 99.2 - CFO CERTIFICATION Exhibit 99.2 STATEMENT UNDER OATH OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER REGARDING FACTS AND CIRCUMSTANCES RELATING TO EXCHANGE ACT FILINGS I, Andrew F. Green, the Senior Vice President and Chief Financial Officer of Denny's Corporation (formerly Advantica Restaurant Group, Inc.), state and attest that: (1) To the best of my knowledge, based upon a review of the covered reports of Denny's Corporation, and, except as corrected or supplemented in a subsequent covered report: no covered report contained an untrue statement of a material fact as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed); and no covered report omitted to state a material fact necessary to make the statements in the covered report, in light of the circumstances under which they were made, not misleading as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed). (2) I have reviewed the contents of this statement with the Company's audit committee. (3) In this statement under oath, each of the following, if filed on or before the date of this statement, is a "covered report": annual report on Form 10-K of Denny's Corporation (formerly Advantica Restaurant Group, Inc.) for the year ended December 26, 2001; all reports on Form 10-Q, all reports on Form 8-K and all definitive proxy materials of Denny's Corporation (formerly Advantica Restaurant Group, Inc.) filed with the Commission subsequent to the filing of the Form 10-K identified above; and any amendments to any of the foregoing. /s/ Andrew F. Green Subscribed and sworn to - --------------------------- before me this 12th day of Andrew F. Green August, 2002. August 12, 2002 /s/ Kelly C. Land -------------------------- Notary Public My Commission Expires: May 11, 2009 -------------------------- -----END PRIVACY-ENHANCED MESSAGE-----