SC TO-T/A 1 sutter3wellstota2.txt AMENDMENT NO. 2 SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 ----------------------- Amendment No. 2 To SCHEDULE TO Tender Offer Statement Pursuant to Section 14(d)(1) or 13(e)(1) of the Securities Exchange Act of 1934 ------------------- WELLS REAL ESTATE INVESTMENT TRUST, INC. (Name of Subject Company) SUTTER OPPORTUNITY FUND 3, LLC, SUTTER CAPITAL MANAGEMENT, LLC and ROBERT E. DIXON (Bidders) COMMON STOCK, PAR VALUE $.01 (Title of Class of Securities) (CUSIP Number of Class of Securities) ----------------------- Copy to: Robert E. Dixon Paul J. Derenthal, Esq. Sutter Capital Management, LLC Derenthal & Dannhauser LLP 220 Montgomery Street, Suite 2100, One Post Street, Suite 575 San Francisco, California 94104 San Francisco, CA 94104 (415) 788-1441 (415) 981-4844 (Name, Address, and Telephone Number of Person Authorized to Receive Notices and Communications on Behalf of Bidder) Calculation of Filing Fee Transaction Amount of Valuation* Filing Fee $7,000,000 $886.90 * For purposes of calculating the filing fee only. Assumes the purchase of 1,000,000 Shares at a purchase price equal to $7.00 per Share in cash. [X] Check box if any part of the fee is offset as provided by Rule 0-11(a)(2) and identify the filing with which the offsetting fee was previously paid. Identify the previous filing by registration statement number, or the Form or Schedule and the date of its filing. Amount Previously Paid: $886.90 Form or Registration Number: Schedule TO Filing Party: Above listed Bidders Date Filed: 11/15/04 [ ] Check the box if the filing relates solely to preliminary communications made before the commencement of a tender offer. Check the appropriate boxes below to designate any transactions to which the statement relates: [X] third party tender offer subject to Rule 14d-1. [ ] issuer tender offer subject to Rule 13e-4. [ ] going private transaction subject to Rule 13e-3 [ ] amendment to Schedule 13D under Rule 13d-2 Check the following box if the filing is a final amendment reporting the results of the tender offer: [ ] TENDER OFFER This Tender Offer Statement on Schedule TO filed by SUTTER OPPORTUNITY FUND 3, LLC, and ROBERT E. DIXON (together, the "Purchasers") for the purchase of up to 1,000,000 Shares of COMMON STOCK, PAR VALUE $.01 (the "Shares") in WELLS REAL ESTATE INVESTMENT TRUST, INC., a Maryland corporation (the "Company") is hereby amended as set forth in this amended Schedule TO. Except as expressly set forth herein, the terms and the conditions of the Offer remain unchanged and all terms used herein are as defined in the previously filed Schedule. Item 12. Exhibits. (a)(1) Revised Offer to Purchase dated November 15, 2004 SIGNATURES After due inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct. Dated: December 15, 2004 SUTTER OPPORTUNITY FUND 3, LLC By Sutter Capital Management, LLC, its Manager By: /s/ ROBERT E. DIXON ----------------------------------- Robert E. Dixon, Manager SUTTER CAPITAL MANAGEMENT, LLC By: /s/ ROBERT E. DIXON ----------------------------------- Robert E. Dixon, Manager /s/ ROBERT E. DIXON ----------------------------------- Robert E. Dixon 2 EXHIBIT INDEX Exhibit Description (a)(1) Revised Offer to Purchase dated November 15, 2004