8-K/A

JACK IN THE BOX INC (JACK)

8-K/A 2025-12-29 For: 2025-12-22
View Original
Added on April 06, 2026

_____________________________________________________________________________________

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K/A

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): December 22, 2025

JACK IN THE BOX INC.

(Exact name of registrant as specified in its charter)

_________________

Delaware 1-9390 95-2698708
(State or Other Jurisdiction<br>of Incorporation) (Commission<br>File Number) (I.R.S. Employer<br>Identification Number)

9357 Spectrum Center Blvd, San Diego, CA 92123

(Address of principal executive offices) (Zip Code)

(858) 571-2121

(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))

Securities registered pursuant to Section 12(b) of the Act:

Title of each class Trading Symbol(s) Name of each exchange on which registered
Common Stock JACK NASDAQ

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging growth company ¨

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ¨

______________________________________________________________________

EXPLANATORY NOTE

Jack in the Box Inc., a Delaware corporation (the “Company”) filed a Current Report on Form 8-K on December 23, 2025 (the “Original Form 8-K”) announcing the completion of the sale of its Del Taco restaurant operations to Del Taco Group, LLC, a California limited liability company and assignee of Yadav Enterprises, Inc., on December 22, 2025.

This Amendment No. 1 to the Current Report on Form 8-K amends Item 9.01 of the Original Form 8-K to include certain pro forma financial information as an exhibit.

ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS

(b) Pro Forma Financial Information

The following unaudited pro forma financial information of the Company is filed as Exhibit 99.1 to this Current Report Form 8-K:

•Unaudited Pro Forma Condensed Consolidated Balance Sheet as of September 28, 2025

•Unaudited Pro Forma Condensed Consolidated Statements of Operations for the Fiscal Years Ended September 28, 2025, September 29, 2024 and October 1, 2023

•Notes to the Unaudited Pro Forma Consolidated Financial Information.

(d) Exhibits.

Exhibit No. Description
99.1 Unaudited Pro Forma Condensed Consolidated Financial Information
104 Cover Page Interactive Date File (embedded within the Inline XBRL document)

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 thereunto duly authorized.

JACK IN THE BOX INC.
/s/    Sarah Super
Sarah Super
EVP, Chief Legal & Administrative Officer

Date: December 29, 2025

Document

Exhibit 99.1

JACK IN THE BOX INC. AND SUBSIDIARIES

UNAUDITED PRO FORMA CONDENSED CONSOLIDATED FINANCIAL STATEMENTS

On October 15, 2025, Jack in the Box Inc. (the “Company”) entered into a Stock Purchase Agreement (the “Purchase Agreement”) to sell Del Taco Holdings Inc. (“Del Taco”), a wholly owned subsidiary of the Company which operates and franchises approximately 575 Del Taco restaurants, to Yadav Enterprises, Inc. (the “Buyer”). On December 22, 2025, the Company completed the sale (the “Transaction”) of Del Taco to Del Taco Group, LLC, a California limited liability company and assignee of the Buyer for an aggregate purchase price of $119.0 million in cash, subject to post-closing working capital adjustments. The Buyer paid $109.0 million of the aggregate purchase price in cash at closing plus a commitment fee of $0.1 million and is required to pay the remaining $10.0 million deferred consideration no later than January 12, 2026. The Company will utilize net cash proceeds after taxes and transaction costs to retire debt within its securitization structure, specifically to repay a portion of the Company's existing Series 2019-1 4.476% Fixed Rate Senior Secured Notes, Class A-2-II (the “Senior Notes”).

The following unaudited pro forma condensed consolidated balance sheet as of September 28, 2025 is presented as if the Transaction had occurred on September 28, 2025. The unaudited pro forma condensed consolidated statements of operations for each of the fiscal years ended September 28, 2025, September 29, 2024, and October 1, 2023 are presented as if the Transaction had occurred on October 3, 2022, the first day of fiscal year 2023.

The unaudited pro forma condensed consolidated financial statements have been derived from historical financial statements prepared in accordance with U.S. generally accepted accounting principles (“US GAAP”) The unaudited pro forma condensed consolidated financial statements were prepared in accordance with Article 11 of Regulation S-X. They are intended for informational purposes only and are not intended to represent the Company’s financial position or results of operations had the Transaction occurred on the dates indicated, or to project the Company’s financial performance for any future period. Actual results may differ materially from the unaudited pro forma condensed consolidated financial information due to a variety of factors. Management believes that the assumptions and adjustments are reasonable based on information currently available. The unaudited pro forma consolidated financial statements do not include adjustments to reflect any potential synergies or dis-synergies that may result from the Transaction.

The unaudited pro forma condensed consolidated financial statements and the accompanying notes should be read in conjunction with the audited consolidated financial statements and accompanying notes and “Management’s Discussion and Analysis of Financial Condition and Results of Operations” included in the Company’s Form 10-K for the year ended September 28, 2025.

The “Historical” column in the unaudited pro forma condensed consolidated financial statements presents the Company’s historical audited results for the periods shown and does not include any adjustments related to the Transaction or related activities.

The adjustments included in the “Del Taco Separation” column of the unaudited pro forma condensed consolidated financial statements are in accordance with ASC 205-20, Presentation of Financial Statements – Discontinued Operations (“ASC 205”), under US GAAP. This information was derived from the Company’s historical audited consolidated financial statements and accounting records for each of the three fiscal years presented. The Company’s current estimates on a discontinued operations basis are preliminary and subject to change as the Company finalizes its discontinued operations accounting to be reported in its Quarterly Report on Form 10-Q for the 16-week period ending January 18, 2026.

The adjustments included in the “Transaction Accounting Adjustments” column of the unaudited pro forma condensed consolidated financial statements reflect the accounting effects of the Transaction including the use of net cash proceeds and cash on hand to retire debt, reduction of interest expense related to the retired debt, the impact of the transition services agreement between the Company and the Buyer, other adjustments described in the notes to the unaudited pro forma condensed consolidated financial statements, and estimated income tax impact of the transaction accounting adjustments.

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Exhibit 99.1

JACK IN THE BOX INC. AND SUBSIDIARIES

UNAUDITED PRO FORMA CONDENSED CONSOLIDATED BALANCE SHEETS

As of September 28, 2025

(In thousands, except share and per share data)

Historical Del Taco Separation (A) Transaction Accounting Adjustments Pro Forma Financials
ASSETS
Current assets:
Cash $ 51,531 $ (5,765) $ (1,438) (B) $ 44,328
Restricted cash 30,282 30,282
Accounts and other receivables, net 90,311 (16,567) 73,744
Inventories 3,958 (1,612) 2,346
Prepaid expenses 15,826 (2,222) 13,604
Current assets held for sale 18,329 18,329
Other current assets 10,135 (1,547) 10,000 18,588
Total current assets 220,372 (27,713) 8,562 201,221
Property and equipment:
Property and equipment, at cost 1,314,230 (163,739) 1,150,491
Less accumulated depreciation and amortization (870,622) 63,749 (806,873)
Property and equipment, net 443,608 (99,990) 343,618
Other assets:
Operating lease right-of-use assets 1,371,454 (366,430) 1,005,024
Intangible assets, net 9,884 (9,884)
Trademarks 105,600 (105,600)
Goodwill 136,026 136,026
Deferred tax assets 41,268 20,233 61,501
Other assets, net 265,209 (13,295) 251,914
Total other assets 1,929,441 (474,976) 1,454,465
$ 2,593,421 $ (602,679) $ 8,562 $ 1,999,304
LIABILITIES AND STOCKHOLDERS’ DEFICIT
Current liabilities:
Current maturities of long-term debt $ 29,489 $ (31) $ $ 29,458
Current operating lease liabilities 159,267 (21,068) 138,199
Accounts payable 71,101 (14,752) 56,349
Accrued liabilities 170,766 (28,288) 1,548 (C), (D) 144,026
Total current liabilities 430,623 (64,139) 1,548 368,032
Long-term liabilities:
Long-term debt, net of current maturities 1,674,487 (252) (105,000) (C) 1,569,235
Long-term operating lease liabilities, net of current portion 1,259,577 (351,667) 907,910
Deferred tax liabilities
Other long-term liabilities 167,005 (25,526) 141,479
Total long-term liabilities 3,101,069 (377,445) (105,000) 2,618,624
Stockholders’ deficit:
Preferred stock $0.01 par value, 15,000,000 shares authorized, none issued
Common stock $0.01 par value, 175,000,000 shares authorized, 83,012,784 issued 830 830
Capital in excess of par value 542,177 542,177
Retained earnings 1,769,205 (161,095) 112,014 (B), (D) 1,720,124
Accumulated other comprehensive loss (49,858) (49,858)
Treasury stock, at cost, 64,120,270 shares (3,200,625) (3,200,625)
Total stockholders’ deficit (938,271) (161,095) 112,014 (987,352)
$ 2,593,421 $ (602,679) $ 8,562 $ 1,999,304

See accompanying notes to unaudited pro forma condensed consolidated financial statements

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Exhibit 99.1

JACK IN THE BOX INC. AND SUBSIDIARIES

UNAUDITED PRO FORMA CONDENSED CONSOLIDATED STATEMENT OF OPERATIONS

For the 52-weeks Ended September 28, 2025

(In thousands, except per share data)

Historical Del Taco Separation (A) Transaction Accounting Adjustments Pro Forma Financials
Revenues:
Company restaurant sales $ 627,344 $ (210,628) $ $ 416,716
Franchise rental revenues 368,643 (35,908) 332,735
Franchise royalties and other 232,820 (34,503) 198,317
Franchise contributions for advertising and other services 236,507 (30,307) 206,200
1,465,314 (311,346) 1,153,968
Operating costs and expenses, net:
Food and packaging 171,077 (54,605) 116,472
Payroll and employee benefits 222,155 (81,366) 140,789
Occupancy and other 129,188 (51,379) 77,809
Franchise occupancy expenses 254,387 (35,175) 219,212
Franchise support and other costs 18,997 (6,491) 12,506
Franchise advertising and other services expenses 243,580 (32,172) 211,408
Selling, general and administrative expenses 149,635 (31,278) 118,357
Depreciation and amortization 58,314 (18,714) 39,600
Pre-opening costs 7,335 (1,931) 5,404
Impairment of goodwill and intangible assets 209,556 (209,556)
Other operating expenses, net 22,403 (8,098) 14,305
(Gains) losses on the sale of company-operated restaurants (3,243) 2,674 (569)
1,483,384 (528,091) 955,293
(Loss) earnings from operations (18,070) 216,745 198,675
Other pension and post-retirement expenses, net 5,814 5,814
Interest expense, net 78,941 153 (4,752) (F) 74,342
(Loss) earnings before income taxes (102,825) 216,592 4,752 118,519
Income tax (benefit) expense (22,106) 50,434 1,249 (G) 29,577
Net (loss) earnings $ (80,719) $ 166,158 $ 3,503 $ 88,942
(Loss) earnings per share:
Basic $ (4.24) $ 4.67
Diluted $ (4.24) $ 4.64
Weighted-average shares outstanding:
Basic 19,054 19,054
Diluted 19,054 121 (H) 19,175

See accompanying notes to unaudited pro forma condensed consolidated financial statements

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Exhibit 99.1

JACK IN THE BOX INC. AND SUBSIDIARIES

UNAUDITED PRO FORMA CONDENSED CONSOLIDATED STATEMENT OF OPERATIONS

For the 52-weeks Ended September 29, 2024

(In thousands, except per share data)

Historical Del Taco Separation (A) Transaction Accounting Adjustments Pro Forma Financials
Revenues:
Company restaurant sales $ 709,035 $ (281,978) $ $ 427,057
Franchise rental revenues 375,428 (28,201) 347,227
Franchise royalties and other 238,170 (32,791) 205,379
Franchise contributions for advertising and other services 248,673 (30,915) 217,758
1,571,306 (373,885) 1,197,421
Operating costs and expenses, net:
Food and packaging 199,271 (73,207) 126,064
Payroll and employee benefits 238,047 (103,369) 134,678
Occupancy and other 139,305 (65,569) 73,736
Franchise occupancy expenses 245,379 (27,948) 217,431
Franchise support and other costs 17,281 (4,551) 12,730
Franchise advertising and other services expenses 259,131 (33,667) 225,464
Selling, general and administrative expenses 143,233 (42,642) 100,591
Depreciation and amortization 59,776 (21,483) 38,293
Pre-opening costs 3,182 (819) 2,363
Impairment of goodwill and intangible assets 162,624 (162,624)
Other operating expenses, net 24,796 (5,198) 19,598
(Gains) losses on the sale of company-operated restaurants (3,255) 1,448 (1,807)
1,488,770 (539,629) 949,141
Earnings from operations 82,536 165,744 248,280
Other pension and post-retirement expenses, net 6,843 6,843
Interest expense, net 80,016 49 (4,752) (F) 75,313
(Loss) earnings before income taxes (4,323) 165,695 4,752 166,124
Income tax expense 32,372 6,936 1,253 (G) 40,561
Net (loss) earnings $ (36,695) $ 158,759 $ 3,499 $ 125,563
(Loss) earnings per share:
Basic $ (1.87) $ 6.42
Diluted $ (1.87) $ 6.35
Weighted-average shares outstanding:
Basic 19,572 19,572
Diluted 19,572 202 (H) 19,774

See accompanying notes to unaudited pro forma condensed consolidated financial statements

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Exhibit 99.1

JACK IN THE BOX INC. AND SUBSIDIARIES

UNAUDITED PRO FORMA CONDENSED CONSOLIDATED STATEMENT OF OPERATIONS

For the 52-weeks Ended October 1, 2023

(In thousands, except per share data)

Historical Del Taco Separation (A) Transaction Accounting Adjustments Pro Forma Financials
Revenues:
Company restaurant sales $ 846,278 $ (432,530) $ $ 413,748
Franchise rental revenues 364,591 (13,308) 351,283
Franchise royalties and other 240,515 (26,226) 214,289
Franchise contributions for advertising and other services 240,922 (24,932) 215,990
1,692,306 (496,996) 1,195,310
Operating costs and expenses, net:
Food and packaging 250,836 (119,931) 130,905
Payroll and employee benefits 274,598 (147,241) 127,357
Occupancy and other 163,273 (94,053) 69,220
Franchise occupancy expenses 229,602 (13,150) 216,452
Franchise support and other costs 12,328 (2,256) 10,072
Franchise advertising and other services expenses 253,533 (25,666) 227,867
Selling, general and administrative expenses 172,872 (59,888) (5,526) (E) 107,458
Depreciation and amortization 62,287 (26,273) 36,014
Pre-opening costs 1,385 (163) 1,222
Impairment of goodwill and intangible assets
Other operating expenses, net 10,837 (12,412) (1,575)
(Gains) losses on the sale of company-operated restaurants (17,998) 17,772 (226)
1,413,553 (483,261) (5,526) 930,292
Earnings (loss) from operations 278,753 (13,735) 5,526 265,018
Other pension and post-retirement expenses, net 6,967 6,967
Interest expense, net 82,446 (36) (4,752) (F) 77,658
Earnings (loss) before income taxes 189,340 (13,699) 10,278 185,919
Income tax expense (benefit) 58,514 (12,714) 2,710 (G) 48,510
Net earnings (loss) $ 130,826 $ (985) $ 7,568 $ 137,409
Earnings per share:
Basic $ 6.35 $ 6.67
Diluted $ 6.30 $ 6.62
Weighted-average shares outstanding:
Basic 20,603 20,603
Diluted 20,764 20,764

See accompanying notes to unaudited pro forma condensed consolidated financial statements

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Exhibit 99.1

JACK IN THE BOX INC. AND SUBSIDIARIES

NOTES TO THE UNAUDITED PRO FORMA CONDENSED CONSOLIDATED FINANCIAL STATEMENTS

The following adjustments have been reflected in the unaudited pro forma condensed consolidated financial statements:

Del Taco Separation:

(A) Reflects the the removal of the assets, liabilities, and results of operations of Del Taco from the Company’s historical audited consolidated financial statements in accordance with ASC 205-20, Presentation of Financial Statements – Discontinued Operations. The net impact of the removal of assets and liabilities has been reflected as a reduction to retained earnings. This adjustment excludes the following:

1.Corporate overhead costs historically incurred by the Company that do not qualify as expenses of discontinued operations under ASC 205-20. Such costs include, but are not limited to, expenses related to senior management, legal, human resources, finance and accounting, treasury, information technology, insurance, and other shared corporate functions that historically supported Del Taco and will remain with Jack in the Box.

2.Intercompany balances and transactions between Jack in the Box and Del Taco, including intercompany receivables and payables, which have been eliminated in consolidation.

Transaction Accounting Adjustments:

(B)    Reflects estimated net cash proceeds from the Transaction of $104.1 million, representing the aggregate purchase price of $119.0 million less estimated transaction costs and the deferred consideration, with the offsetting balance recorded to retained earnings. The net cash proceeds ultimately recognized may change based on adjustments to transaction costs and the working capital adjustments as defined in the Purchase Agreement. The pro forma adjustment to cash was also impacted by the repayment of debt outstanding under the Senior Notes and accrued interest, as discussed in note (C). Reflects addition of $10.0 million of other current assets related to the deferred consideration

The pro forma adjustment to cash was calculated as follows (in thousands):

Estimated proceeds, net of transaction costs $ 104,136
Payment on term loan, see note (C) (105,000)
Payment on accrued interest, see note (C) (574)
$ (1,438)

(C)    Reflects repayment of $105.0 million of the Company's existing Senior Notes and $0.6 million of accrued interest using proceeds from the Transaction.

(D)    Reflects the transaction costs expected to be incurred that have not been recognized in the historical financial statements. These expenses primarily relate to financial, legal and tax costs and are reflected as an accrual to accrued liabilities on the unaudited pro forma condensed consolidated balance sheet as of September 28, 2025, with the offsetting balance recorded to retained earnings.

(E)    In connection with the Transaction, the Company and the Buyer entered into a transition services agreement whereby the Company will provide certain post-sale services on a transitional basis including services related to accounting, legal, human resources, and technology for a period of up to 6 months. Pro forma adjustment reflects income recognized under the transition services agreement of $5.5 million for the 52-weeks ended October 1, 2023, which is reflected as a reduction to selling, general, and administrative expenses.

(F)    Reflects the reduction of the related interest expense of $4.8 million, $4.8 million, and $4.8 million for the 52-weeks ended September 28, 2025, September 29, 2024, and October 1, 2023, respectively, in connection with the $105.0 million repayment of the Senior Notes, which for purposes of the unaudited pro forma condensed combined financial statements is assumed to have occurred on October 3, 2022. See note (C).

(G)    Reflects the estimated income tax impact of the transaction accounting adjustments. For all periods, the adjustment was calculated by applying the statutory income tax rate to each of the pre-tax pro forma adjustments, resulting in an increase

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Exhibit 99.1

of $1.2 million, $1.3 million, and $2.7 million for the 52-weeks ended September 28, 2025, September 29, 2024, and October 1, 2023, respectively.

(H)    The pro forma adjustments resulted in a change from consolidated net loss to pro forma consolidated net earnings for the 52-weeks ended September 28, 2025 and September 29, 2024. As a result, the dilutive weighted-average shares outstanding have been adjusted to include those securities that would be dilutive in each respective period that have a net loss.