HERSHEY CO — Board/Management Information 2007

Dec 5, 2007

8-K 1 f8k_12052007.htm FORM 8K DATED DECEMBER 5, 2007 f8k_12052007.htm Licensed to: The Hershey Company Document Created using EDGARizer 4.0.1.0 Copyright 2007 EDGARfilings, Ltd., an IEC company. All rights reserved EDGARfilings.com

| 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 |

| November
29,
2007 |
| --- |
| Date
of Report (Date of earliest event
reported) |

| The
Hershey
Company |
| --- |
| (Exact
name of registrant as specified in its
charter) |

| Delaware |
| --- |
| (State
or other jurisdiction of
incorporation) |

1-183	23-0691590
(Commission
File Number)	(IRS
Employer Identification No.)

| 100
Crystal A Drive, Hershey,
Pennsylvania 17033 |
| --- |
| (Address
of Principal Executive Offices) (Zip
Code) |

Registrant's telephone number, including area code: (717) 534-4200

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)) |

INFORMATION TO BE INCLUDED IN REPORT

Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

On November 30, 2007, The Hershey Company (the “Company”) announced that Thomas K. Hernquist, Senior Vice President, Global Chief Growth Officer, has resigned from the Company. Mr. Hernquist’s tenure as an elected officer of the Company ended on December 4, 2007, and his last day of active employment will be December 31, 2007.

In connection with his resignation, Mr. Hernquist entered into a Confidential Agreement and General Release (the “Agreement”) pursuant to which he will receive benefits under the Company’s Executive Benefits Protection Plan (Group 3A) (the “Group 3A Plan”) and provide, through December 31, 2008, certain consultation and transition assistance if and as reasonably requested by the Company. The Agreement also contains covenants regarding confidentiality and non-competition.

The Group 3A Plan was last filed with the Securities and Exchange Commission (“SEC”) on January 3, 2007, as Exhibit 10.1 to the Company’s Current Report on Form 8-K. Details of Mr. Hernquist’s participation under the Group 3A Plan are contained in the Company’s proxy statement for the 2007 annual meeting of stockholders, filed with the SEC on March 16, 2007, except that Mr. Hernquist will receive payment of his base salary component in a lump-sum upon separation from service as opposed to payment over a period of two years as described in the proxy statement. This change is one of several minor amendments to the Group 3A Plan adopted by the Company’s Board of Directors in October 2007 in response to the adoption of final regulations under Section 409A of the Internal Revenue Code.

A copy of the Company’s press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

Item 9.01 Financial Statements and Exhibits

(d)
99.1	The
Hershey Company Press Release dated November 30,
2007

SIGNATURE

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.

Date: December 5, 2007

| THE
HERSHEY COMPANY |
| --- |
| By: /s/ Burton H.
Snyder |
| Burton
H. Snyder, Senior
Vice President, General
Counsel and Secretary |

EXHIBIT INDEX

| Exhibit
No. | Description |
| --- | --- |
| 99.1 | The
Hershey Company Press Release dated November 30, 2007 |