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 Date of Report (Date of earliest event reported): June 15, 2004 HARTMARX CORPORATION (Exact name of registrant as specified in charter) DELAWARE 1-8501 36-3217140 (State or other jurisdiction (Commission (IRS Employer of incorporation) File Number) Identification No.) 101 North Wacker Drive Chicago, Illinois 60606 (Address of principal executive offices) (Zip Code) (312) 372-6300 (Registrant's telephone number, including area code) N/A (Former Name or Former Address, if Changed Since Last Report) Item 5. Other Events. Effective as of the close of business on June 15, 2004, and as provided in the Amended and Restated Rights Agreement, dated as of April 13, 2000, by and between Hartmarx Corporation (the "Company") and EquiServe Trust Company, N.A., as rights agent, as amended by the Second Amendment to the Amended and Restated Rights Agreement (the "Second Amendment") dated as of September 25, 2003 (collectively, the "Rights Agreement"), all Rights issued to Company stockholders expired. As provided in the Second Amendment, the Rights expired on the close of business on the first trading day after the reported closing price of the Company's common stock exceeded the Book Value per Share (as that term is defined in the Rights Agreement) for 60 consecutive calendar days. The 60th consecutive calendar day on which the reported closing price of the Company's common stock exceeded the Book Value per Share was June 14, 2004, and the first trading day thereafter was June 15, 2004. 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 hereunto duly authorized. HARTMARX CORPORATION By: /s/ TARAS R. PROCZKO ----------------------- Taras R. Proczko Senior Vice President Dated: June 16, 2004