hsy-20201208

Delaware

1-183

23-0691590

(State or other jurisdiction of incorporation)

(Commission File Number)

(IRS Employer Identification No.)

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))

Title of each class

Trading Symbol(s)

Name of each exchange on which registered

Common Stock, one dollar par value

HSY

New York Stock Exchange

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).


If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.						☐


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

On December 8, 2020, The Hershey Company (the “Company”) announced that Damien Atkins, the Company’s Senior Vice President, General Counsel and Secretary, will be separating from the Company effective January 31, 2021 (the “Separation Date”), due to family reasons. Mr. Atkins will step down from his General Counsel and Secretary role effective immediately and will focus on the transition of his responsibilities until the Separation Date.

In connection with Mr. Atkins’s separation, the Company and Mr. Atkins plan to enter into a separation agreement and general release, pursuant to which Mr. Atkins will receive the benefits described under Section 3.2 of the Company’s Executive Benefits Protection Plan (Group 3A) (the “EBPP”), except that in lieu of the amounts payable with respect to financial counseling, tax preparation and outplacement services under the EBPP, the Company intends to pay Mr. Atkins a lump-sum payment in substantially the amount that would have been so payable.

Item 9.01.

Financial Statements and Exhibits.

(d)

Exhibits.

Exhibit Number

Description

104

Cover Page Interactive Data File (embedded within the Inline XBRL document)

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 hereunto duly authorized.

THE HERSHEY COMPANY

Date: December 8, 2020

By:

/s/ Steven E. Voskuil

Steven E. Voskuil
Senior Vice President, Chief Financial Officer and Chief Accounting Officer


Emerging Growth Company						☐