UNITED STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington, D.C. 20549
_________________
FORM 8-K
CURRENT REPORT
Pursuant to Section 13
or 15(d) ofthe
Securities Exchange Act of 1934
_________________
|
Date of Report |
|
|
(Date of earliest |
|
event reported): |
July 18, 2006 |
THE MARCUS CORPORATION
|
| (Exact name of registrant as specified in its charter) |
Wisconsin
|
1-12609
|
39-1139844
|
| (State or other |
(Commission File |
(IRS Employer |
| jurisdiction of |
Number) |
Identification No.) |
| incorporation) |
100 East Wisconsin Avenue, Suite 1900, Milwaukee, Wisconsin 53202-4125
|
| (Address of principal executive offices, including zip code) |
(414) 905-1000
|
| (Registrant’s telephone number, including area code) |
Not Applicable
|
| (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:
| [ ] |
Written
communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| [ ] |
Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| [ ] |
Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b)) |
| [ ] |
Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c)) |
| Item 5.03. |
Amendment
to Articles of Incorporation or Bylaws; Change in Fiscal Year. |
On
July 18, 2006, the board of directors of The Marcus Corporation (the “Company”)
approved an amendment to Section 3.02 of Article III of the By-Laws of the Company (the
“By-Laws”) to eliminate the mandatory retirement age of non-employee directors
serving on the board of directors of the Company. The By-Laws previously provided for the
mandatory retirement of non-employee directors at the age of seventy-two (72) years. The
text of the amendment is filed herewith as Exhibit 3.1 and the full text of the By-Laws,
as amended, is filed herewith as Exhibit 3.2.
| Item 9.01. |
Financial
Statements and Exhibits. |
| |
(d) |
Exhibits.
The following exhibits are being filed herewith: |
| |
(3.1) |
Amendment
to the By-Laws of The Marcus Corporation. |
| |
(3.2) |
By-Laws
of The Marcus Corporation, as amended. |
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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.
|
THE MARCUS CORPORATION |
Date: July 18, 2006 |
By: /s/ Thomas F. Kissinger |
|
Thomas F. Kissinger |
|
Vice President, General Counsel and Secretary |
-2-
THE MARCUS CORPORATION
Exhibit Index to
Current Report on Form 8-K
Exhibit
Number
| (3.1) |
Amendment
to the By-Laws of the Marcus Corporation. |
| (3.2) |
By-Laws
of The Marcus Corporation, as amended. |
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