UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 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): September 2, 2009
Cinemark Holdings, Inc.
(Exact Name of Registrant as Specified in Charter)
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| Delaware
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001-33401
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20-5490327 |
(State or Other Jurisdiction
of Incorporation)
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(Commission
File Number)
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(IRS Employer
Identification No.) |
3900 Dallas Parkway, Suite 500, Plano, Texas 75093
(Address of Principal Executive Offices) (Zip Code)
Registrant’s telephone number, including area code: 972.665.1000
N/A
(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 (see General
Instruction A.2. below):
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o 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 September 2, 2009, Cinemark USA, Inc. (“CUSA”), a wholly-owned subsidiary of
Cinemark Holdings, Inc. (together with CUSA, the “Company”), entered into an Aircraft Time Sharing
Agreement (the “Aircraft Agreement”), with Copper Beech Capital, LLC, a Texas limited liability
company (the “Operator”), for the use of an aircraft and flight crew on a time sharing basis. Lee
Roy Mitchell — Chairman of the board of directors of the Company, and his wife, Tandy Mitchell own
the membership interests of the Operator. Prior to the execution of the Aircraft Agreement, the
Company had an informal agreement with the Operator to use, on occasion, a private aircraft owned
by the Operator. The private aircraft is used by Mr. Mitchell and other executives who accompany
Mr. Mitchell to business meetings for the Company.
The Aircraft Agreement specifies the maximum amount that the Operator can
charge the Company under the applicable regulations of the Federal Aviation Administration for the use of the aircraft and flight crew.
The Company will pay the Operator the direct costs and expenses related to fuel, pilots, landing fees, storage fees,
insurance obtained for the specific flight, flight planning, weather contract services and expenses
such as in-flight food and beverage services and passenger ground transportation
incurred during a trip.
The foregoing description of the Aircraft Agreement is qualified in its entirety by reference
to the complete copy of the Aircraft Agreement filed as Exhibit 10.1 to this Current Report on Form
8-K and is incorporated herein by reference.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
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| Exhibit No. |
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Exhibit Description |
10.1
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Aircraft Time Sharing Agreement dated September 2, 2009. |
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