Krispy Kreme adopts 'poison pill' plan

Krispy Kreme adopts tax asset plan to discourage buyout

Associated Press

WINSTON-SALEM, N.C. (AP) -- Krispy Kreme Doughnuts Inc. said Tuesday that it adopted measures to discourage investors from holding 5 percent or more of the company's stock, thereby reducing its risk of a hostile takeover.

The doughnut chain does not have any obvious suitors, but its business has become more attractive recently.

Krispy Kreme's so-called "poison pill" plan limits the way the company's previous operating losses and other credits could be applied to future taxes if there were a change of ownership. As of the beginning of 2012, the company had a federal net operating loss carryforward of approximately $240 million, as well as other credits that could be carried forward in the future.

The plan will expire in 2019.

Krispy Kreme, headquartered in Winston-Salem, N.C., sells doughnuts in over 730 locations around the world.

Shares fell 43 cents, or 3.6 percent, to $11.39 in midday trading.

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