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): January 27, 2010
Hanesbrands Inc.
(Exact name of registrant as specified in its charter)
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| Maryland
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001-32891
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20-3552316 |
(State or other jurisdiction
of incorporation)
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(Commission File Number)
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(IRS Employer Identification
No.) |
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1000 East Hanes Mill Road
Winston-Salem, NC
(Address of principal executive
offices)
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27105
(Zip Code) |
Registrant’s telephone number, including area code: (336) 519-8080
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 communications 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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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Item 2.02. Results of Operations and Financial Condition
On January 27, 2010, Hanesbrands Inc. (“Hanesbrands”) issued a press release announcing its
financial results for the fourth quarter and fiscal year ended January 2, 2010. A copy of the
press release is attached as Exhibit 99.1 to this Current Report on Form 8-K. Exhibit 99.1 is being
“furnished” and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange
Act of 1934 (the “Exchange Act”), nor shall Exhibit 99.1 be deemed incorporated by reference in any
filing under the Securities Act of 1933 (the “Securities Act”) or the Exchange Act, except as shall
be expressly set forth by specific reference in such filing.
Exhibit 99.1 contains disclosures about earnings per diluted share excluding actions;
operating profit excluding actions; selling, general and administrative expenses excluding actions;
gross profit excluding actions; net income excluding actions; the margins on sales of these
measures; EBITDA; and free cash flow, all of which are considered non-GAAP performance measures.
Hanesbrands has chosen to provide these performance measures to investors to enable them to perform
additional analyses of past, present and future operating performance and as a supplemental means
of evaluating Hanesbrands’ operations. The non-GAAP information should not be considered a
substitute for financial information presented in accordance with GAAP, and may be different from
non-GAAP or other pro forma measures used by other companies.
Item 7.01. Regulation FD Disclosure
Exhibit 99.1 to this Current Report on Form 8-K includes forward-looking financial information
that is expected to be discussed on the previously announced conference call with investors and
analysts to be held by us at 5:00 p.m., Eastern time, today (January 27, 2010). The call may be
accessed on the home page of the Hanesbrands corporate Web site, www.hanesbrands.com. Replays of
the call will be available in the investors section of the Hanesbrands corporate Web site and via
telephone. The telephone playback will be available from approximately 7:00 p.m., Eastern time, on
January 27, 2010, until midnight, Eastern time, on February 3, 2010. The replay will be available
by calling toll-free (800) 642-1687, or by toll call at (706) 645-9291. The replay pass code is
50975568. Exhibit 99.1 is being “furnished” and shall not be deemed “filed” for purposes of Section
18 of the Exchange Act, nor shall it be deemed incorporated by reference in any filing under the
Securities Act or the Exchange Act, except as shall be expressly set forth by specific reference in
such filing.
Item 9.01. Financial Statements and Exhibits
(c) Exhibits
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Exhibit 99.1
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Press release dated January 27, 2010 |