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): February 14, 2002
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OUTBACK STEAKHOUSE, INC.(R)
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(Exact name of registrant as specified in its charter)
Delaware 1-15935 59-3061413
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(State or other jurisdiction (Commission File Number) (IRS Employer
of incorporation) Identification No.)
2202 North Westshore Boulevard,5th Floor
Tampa, Florida 33607
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (813) 282-1225
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Not applicable.
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(Former name or former address, if changed since last report.)
ITEM 5. OTHER EVENTS
Statement Regarding Helvag, A.G.
Outback Steakhouse International, L.P. (an entity 80% owned by
the Company) granted franchises to operate 3 Outback Steakhouse
restaurants in Germany to a franchisee entity that included
Helvag, A.G. as a principal owner. The first two Franchise
Agreements were granted in December 1997 and the first restaurant
opened in August 1999. The third franchise agreement was granted
in December 1999.
In August 2000 Outback International informed the Helvag
franchisee entity that no further franchises would be granted to
it. In April 2001 Outback International terminated the 3 existing
franchise agreements for events of default. In July 2001, after
unsuccessful attempts by Helvag to sell the restaurants to an
unrelated third party approved by Outback International, the
restaurants ceased to operate as Outback Steakhouse restaurants.
In August 2001 several individuals including officers of Helvag,
were arrested by German authorities related to an investigation
into alleged fraudulent sale of securities in Helvag and its
affiliates.
Outback International is cooperating with German law enforcement
authorities in their investigation of the activities of Helvag
and its affiliates. Outback International does not believe it has
any liability in connection with the activities of Helvag, its
affiliates or the individuals under investigation.
A former 49% operating partner in one of the restaurants of the
Helvag franchisee entity, a U.S. citizen, has notified us that he
intends to file suit against the Company and Outback
International for, among other things, damages relating to his
investment in the restaurant/franchisee entity and Helvag's
failure to pay an agreed purchase price for his interest in the
restaurant/franchisee entity. Outback International believes his
claims against Outback International are without merit and
intends to vigorously defend any claims that are brought.
The Company does not believe the matters disclosed in this Report
will have a material adverse affect on the Company's liquidity,
results of operations or financial condition.
The statements in the preceding three paragraphs of this Report
contain forward-looking statements within the meaning of the
Private Securities Litigation Reform Act of 1995. Those
statements are subject to risks and uncertainties that could
cause actual results to differ materially from those stated or
implied in the forward looking statements, including uncertainty
of litigation and discovery of new or additional facts.
SIGNATURE
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.
OUTBACK STEAKHOUSE, INC.(R)
DATED: February 14, 2002. By: /s/ Joseph J. Kadow
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Joseph J. Kadow, Senior Vice President,
Secretary and General Counsel