Filed by
Western Sizzlin Corporation
Pursuant
to Rule 425 under the Securities Act of 1933
Subject
Company: Jack in the Box Inc.
Registration
No. 333-154313
On
October 17, 2008, Western Sizzlin Corporation issued the following press
release:
WESTERN
SIZZLIN CORPORATION TERMINATES EXCHANGE OFFER FOR JACK IN THE BOX
INC.
ROANOKE,
Va., October 17, 2008 – Western Sizzlin Corporation (NASDAQ: WEST) today
announced that it has terminated its exchange offer for up to 680,500 shares of
Jack in the Box Inc. (NYSE: JBX) as a result of a regulatory compliance
condition. Western intends to commence the exchange offer after
Western’s registration statement on Form S-4 has become effective under the
Securities Act of 1933. As of the close of business on October 16,
2008, no shares of Jack in the Box common stock had been tendered into the
exchange offer.
This
press release is for informational purposes only and is neither an offer to sell
nor a solicitation of an offer to buy any securities. Any exchange
offer will be made only through a registration statement and related
materials. In connection with the exchange offer, Western will file a
registration statement on Form S-4 (containing a prospectus) with the Securities
and Exchange Commission. Investors and stockholders of Jack in the
Box are advised to read this registration statement and other disclosure
materials, when they become available, carefully because they will contain
important information. Investors and stockholders may obtain a free
copy of the disclosure materials and other documents to be filed by Western with
the Securities and Exchange Commission at the SEC’s website at
www.sec.gov. A free copy of the disclosure materials and other
documents of Western may also be obtained from Western upon request by directing
such request to the Information Agent for the exchange offer, Morrow & Co.,
LLC, 470 West Avenue, Stamford, CT 06902,
E-mail: offer.info@morrowco.com. Banks and brokerage firms
please call: (203) 658-9400. Stockholders call toll free: (800)
607-0088.
Forward-Looking
Statements
This
release contains forward-looking statements relating to Western Sizzlin
Corporation’s exchange offer for up to 680,500 shares of Jack in the Box Inc.
common stock and Western’s expectations with regard to the proposed
transaction. These forward-looking statements are based on Western’s
current intent, expectations, estimates and projections and are not guarantees
of future performance. These statements involve risks, uncertainties,
assumptions and other factors that are difficult to predict and that could cause
actual results to vary materially from those expressed in or indicated by
them. In addition, some factors are beyond Western’s
control. Factors that could cause actual results to differ materially
from the statements made in this release include, among others: (i) the
willingness of Jack in the Box stockholders to tender their shares in the
exchange offer and the number and timing of shares tendered; (ii) the
satisfaction, or waiver by Western to the extent legally permissible, of all
conditions to the exchange offer; and (iii) other factors as described in
filings with the Securities and Exchange Commission, including the factors to be
discussed under the heading “Risk Factors” in Western’s prospectus included in
its registration statement on Form S-4 that will be filed with the Securities
and Exchange Commission.
Contact:
Robyn B.
Mabe, Chief Financial Officer
Western
Sizzlin Corporation
(540)
345-3195