8-K 1 a38708.txt BIRDS EYE FOODS, INC. ---------------------------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K EQUIVALENT CURRENT REPORT Date of Report (Date of Earliest Event Reported): November 8, 2004 BIRDS EYE FOODS, INC. (Exact Name of Registrant as Specified in Charter) Delaware 16-0845824 --------------------------------------------- ---------------------- ---------------------------------- (State or other jurisdiction of incorporation) (Commission File Number) (IRS Employer Identification Number) 90 Linden Oaks, PO Box 20670, Rochester, New York 14602-0670 -------------------------------------------------- ----------- (Address of Principal Executive Offices) (Zip Code)

Registrant's Telephone Number Including Area Code: (585) 383-1850 -------------- 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): [ ] 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)) o This Form 8-K Equivalent is only being filed pursuant to a requirement contained in the indenture governing Birds Eye Foods, Inc.'s 11 7/8 Percent Senior Subordinated Notes Due 2008. ---------------------------------------- 1 Item 2.02 Results of Operations and Financial Condition. Attached hereto as Exhibit 99.1 is a copy of a press release of Birds Eye Foods, Inc. issued November 8, 2004, which reports the financial results of the Company for the fiscal quarter ended September 25, 2004. 2 SIGNATURES The Company has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized. BIRDS EYE FOODS, INC. Date: November 8, 2004 By: /s/ Earl L. Powers ------------------- ------------------------------------- Earl L. Powers, Executive Vice President and Chief Financial Officer and Secretary (Principal Financial Officer and Principal Accounting Officer) 3 INDEX TO EXHIBITS

BIRDS EYE FOODS INC 8-K