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): May 3, 2006
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| Albertson’s, Inc. |
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| (Exact Name of Registrant as Specified in Charter) |
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| Delaware
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1-6187
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82-0184434 |
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(State or Other Jurisdiction
of Incorporation)
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(Commission File No.)
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(I.R.S. Employer
Identification No.) |
250 Parkcenter Blvd, P.O. Box 20
Boise, Idaho 83726
(Address of Principal Executive Offices) (Zip Code)
Registrant’s telephone number, including area code:
(208) 395-6200
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| N/A |
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| (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:
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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 1.01. Entry into a Material Definitive Agreement.
Effective May 3, 2006, each of the officers of Albertson’s, Inc. (the “Company”), including the
named executive officers as set forth in the Company’s Annual Report on Form 10-K for the fiscal
year ended February 2, 2006, became party to an indemnification agreement with the Company (the
“Indemnification Agreements”). The Indemnification Agreements supplement existing indemnification
provisions set forth in the Company’s organizational documents and are substantially similar to
indemnification agreements put into place with the Company’s Board members in 2003. The
Indemnification Agreements provide each officer with a contractual right to indemnification for all
Indemnifiable Losses (as defined in the Indemnification Agreement) incurred in connection with any
Claim (as defined in the Indemnification Agreement) to the fullest extent permitted by the laws of
the State of Delaware in effect as of May 3, 2006 or as such laws may from time to time be amended
to increase the scope of such permitted indemnification. Generally, Indemnifiable Losses are those
expenses, damages, losses, liabilities, judgments, fines, penalties and amounts paid in settlement
relating to, resulting from or arising out of any act or failure to act by the officer in his or
her capacity as a director, officer, employee or agent of the Company. The Indemnification
Agreements also provide for the advancement of expenses reasonably likely to be incurred by the
officer in connection with defending a Claim.
Also on May 3, 2006, the Management Development/Compensation Committee of the Board of Directors of
the Company (the “Committee”) authorized an amendment to the Albertson’s, Inc. Executive Pension
Makeup Plan (the “Plan”). As a result of the Plan amendment, effective as of May 28, 2006, no
person will become eligible to participate in the Plan on or following the effective date and all
benefit accruals under the Plan shall cease. Also as a result of the amendment, each Plan
participant’s unvested account balance under the Plan will become fully vested as of May 28, 2006.