JOSB Jos. A. Bank Clothiers, Inc. (MM)

Item 5.03. Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.

In connection with the expiration of the former rights agreement of Jos. A. Bank Clothiers, Inc. (the “Company”) and the adoption of the new rights agreement (the “Rights Agreement”) referenced in Item 1.01 of our Current Report on Form 8-K which was filed with the Securities and Exchange Commission (the “SEC”) on September 7, 2007, the Company filed the Certificate Eliminating Reference to Series A Preferred Stock from Restated Certificate of Incorporation of Jos. A. Bank Clothiers, Inc. (the “Certificate of Elimination”), with the Secretary of State of the State of Delaware on September 20, 2007.  The Certificate of Elimination eliminates the Company’s Series A Preferred Stock which was issuable, under certain circumstances, upon exercise of rights under the Company’s former rights agreement.  On the same day, the Company also filed the Certificate of Designation of Series A Junior Participating Preferred Stock with the Secretary of State of the State of Delaware, which establishes the designations, voting powers, preferences, rights and other terms of Series A Junior Participating Preferred Stock, par value $1.00 per share (the “Preferred Shares”), issuable upon exercise of the rights under the Rights Agreement.  The description of the Preferred Shares in Item 1.01 of our Current Report on Form 8-K which was filed with the SEC on September 7, 2007 is incorporated herein by reference.  The Certificate of Elimination is filed as Exhibit 3.1 to this Current Report on Form 8-K and is incorporated herein by reference.  The Certificate of Designation is filed as Exhibit 3.2 to this Current Report on Form 8-K and is incorporated herein by reference.