UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of report (Date of earliest event reported) January 7, 2008 (January 7, 2008) ---------------------------- SYMS CORP -------------------------------------------------------------------------------- (Exact Name of Registrant as Specified in Its Charter) New Jersey -------------------------------------------------------------------------------- (State or Other Jurisdiction of Incorporation) 1-8546 22-2465228 -------------------------------------------------------------------------------- (Commission File Number) (IRS Employer Identification No.) Syms Way, Secaucus, New Jersey 07094 -------------------------------------------------------------------------------- (Address of Principal Executive Offices) (Zip Code) (201) 902-9600 -------------------------------------------------------------------------------- (Registrant's Telephone Number, Including Area Code) (Former Name or Former Address, if Changed Since Last Report) 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): |_| 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)) |_| 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)) ITEM 2.02 RESULTS OF OPERATIONS AND FINANCIAL CONDITION. On January 7, 2008, Syms Corp (the "Company") issued a press release regarding its results of operations for third quarter ended December 1, 2007. A copy of the press release is attached hereto as Exhibit 99.1. The information in this Item 2.02 of Form 8-K and the exhibit referenced herein shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, except as shall be expressly set forth by specific reference in such filing. ITEM 8.01 OTHER EVENTS. In a press release issued by the Company on December 21, 2007, and described in the Form 8-K filed by the Company on the same date with the Securities and Exchange Commission (the "SEC"), the Company announced its intention to terminate the listing of its shares of Common Stock on the New York Stock Exchange and to deregister its securities under the Federal securities laws. Accordingly, on January 2, 2008 the Company filed Form 25 with the SEC and it is anticipated that the delisting and deregistration will become effective on January 14, 2008, thereby suspending the Company's reporting obligations under the Securities Exchange Act of 1934, as amended. Commencing on January 14, 2008 it is anticipated that the Company's securities will be eligible for quotation on the Pink Sheets. ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS. (c) Exhibits 99.1 Press Release of the Company, dated January 7, 2008, regarding the results of operations. SIGNATURES Pursuant to the requirements of the Securities and Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. SYMS CORP By: /s/ Antone F. Moreira ---------------------------------------- Name: Antone F. Moreira Title: Vice President, Chief Financial Officer Date: January 7, 2008 EXHIBIT INDEX Exhibit Number Description -------------- ----------- 99.1 Press Release of Syms Corp, dated January 7, 2008, regarding the results of operations.