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CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities
Exchange Act of 1934
Date of Report (Date of earliest event reported) May 19, 2004
ADVANCE AUTO PARTS, INC.
(Exact
name of registrant as specified in its charter)
| Delaware | 001-16797 | 54-2049910 |
| (State or other jurisdiction of | (Commission File Number) | (I.R.S. Employer |
| incorporation or organization) | Identification No.) | |
| 5673 Airport Road, Roanoke, Virginia | 24012 |
| (Addressof Principal Executive Offices) | (Zip Code) |
Registrant’s telephone number, including area code (540) 362-4911
Not Applicable
(Former
name, former address and former fiscal year, if changed since last report).
INFORMATION TO BE INCLUDED IN THE REPORT
| Item 7. | Financial Statements and Exhibits. |
| (c) | Exhibits. | ||
| Exhibit | |||
| Number | |||
| 3.3 | Certificate of Amendment of Restated Certificate of Incorporation of Advance Auto Parts, Inc. (“Advance Auto Parts”) | ||
| 10.19 | Form of Indemnification Agreement between Advance Auto Parts and each of its directors |
| Item 5. | Other Events and Regulation FD Disclosure. |
On May 19, 2004, Advance Auto Parts amended its Restated Certificate of Incorporation to increase the number of shares of common stock authorized from 100,000,000 to 200,000,000 shares. A copy of Advance Auto Parts’ Certificate of Amendment of Restated Certificate of Incorporation is attached as Exhibit 3.3 to this Current Report on Form 8-K.
In addition, Advance Auto Parts’ board of directors has approved a form of indemnification agreement to be entered into, from time to time, with Advance Auto Parts’ directors. A form of the indemnification agreement is attached as Exhibit 10.19 to this Current Report on Form 8-K.
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.
| ADVANCE AUTO PARTS, INC.
| ||
| (Registrant) | ||
| Date May 19, 2004 | ||
|
|
/s/ Eric M. Margolin
| |
| (Signature)* | ||
| Eric M. Margolin Senior Vice President, General Counsel and Secretary | ||
| * Print name and title of the signing officer under his signature. |
EXHIBIT INDEX
| Exhibit | |
| Number | Exhibit Description |
| 3.3 | Certificate of Amendment of Restated Certificate of Incorporation of Advance Auto Parts |
| 10.19 | Form of Indemnification Agreement between Advance Auto Parts and each of its directors |