-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Uvz4cP6R8Bpi4tIP87GvEPFjNGMQ9P9H6mYaG3iL+yeB9JFiuwjzYF2M9HZW2eAV xWESO6oGDN4cSpnlcG/VFw== 0001140361-09-002932.txt : 20090206 0001140361-09-002932.hdr.sgml : 20090206 20090206155006 ACCESSION NUMBER: 0001140361-09-002932 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20090202 ITEM INFORMATION: Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers: Compensatory Arrangements of Certain Officers ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20090206 DATE AS OF CHANGE: 20090206 FILER: COMPANY DATA: COMPANY CONFORMED NAME: EQUITY ONE, INC. CENTRAL INDEX KEY: 0001042810 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE INVESTMENT TRUSTS [6798] IRS NUMBER: 521794271 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-13499 FILM NUMBER: 09577164 BUSINESS ADDRESS: STREET 1: 1600 N E MIAMI GARDENS DRIVE CITY: NORTH MIAMI BEACH STATE: FL ZIP: 33179 BUSINESS PHONE: 305-947-1664 MAIL ADDRESS: STREET 1: 1600 N E MIAMI GARDENS DRIVE CITY: NORTH MIAMI BEACH STATE: FL ZIP: 33179 FORMER COMPANY: FORMER CONFORMED NAME: EQUITY ONE INC DATE OF NAME CHANGE: 19970723 8-K 1 form8k.htm EQUITY ONE 8-K 2-2-2009 form8k.htm


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)  February 2, 2009
 


EQUITY ONE, INC.
(Exact Name of Registrant as Specified in Its Charter)
 

 
Maryland
(State or Other Jurisdiction of Incorporation)

001-13499
52-1794271
(Commission File Number)
(IRS Employer Identification No.
 
 
1600 NE Miami Gardens Drive
North Miami Beach, Florida  33179
(Address of Principal Executive Offices) (Zip Code)

Registrant’s Telephone Number, Including Area Code: (305) 947-1664

NOT APPLICABLE
(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:

o
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)
 


 
 

 

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

(e)           On February 2, 2009, in connection with its 2009 cost reduction program, seven senior officers of Equity One, Inc. (the “Company”), including four named executive officers, voluntarily agreed to reduce their base salaries by ten percent (10%) for the 2009 calendar year.  In return for this voluntary gesture, the Company agreed that the reduction in base salary would not apply for periods beyond December 2009 and would not otherwise affect the determination of other amounts owing or that may become owing under the officers’ employment agreements that are based on the level of his or her base salary.
 
The four named executive officers agreeing to the voluntary salary reduction are Jeffrey S. Olson, Thomas Caputo, Arthur L. Gallagher and Thomas McDonough.  A copy of the form letter by which the officers memorialized the salary reduction is attached hereto as Exhibit 10.1 and is incorporated herein by reference.
 
Item 9.01
Financial Statements and Exhibits.
 
 
(a)
Financial Statements of Business Acquired.
 
 
Not applicable
 
 
(b)
Pro Forma Financial Information.
 
 
Not applicable
 
 
(c)
Exhibits
 
 
10.1 — Form of Salary Reduction Letter dated February 2, 2009.

 
 

 
 
SIGNATURES
 
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.
 
 
EQUITY ONE, INC.
   
   
Date:  February 6, 2009
By:
/s/ Arthur L. Gallagher
   
Arthur L. Gallagher
   
Executive Vice President, General Counsel and Corporate Secretary

 
 

 

EXHIBIT INDEX


Exhibit
Document
   
Form of Salary Reduction Letter dated February 2, 2009.

 

EX-10.1 2 ex10_1.htm EXHIBIT 10.1 ex10_1.htm

Exhibit 10.1
 
 
 
February 2, 2009

[Name of Officer]
[Title of Officer]
[Address]
[Address]

Dear ________:

I understand that you have voluntarily agreed to waive 10% of your annual base salary for the 2009 calendar year.  I am writing on behalf of the Compensation Committee of Equity One, Inc.’s Board of Directors to accept your generous offer and to provide a written record of the arrangement.

As you know, your employment agreement with Equity One currently provides for an annual base salary of $_________.  You have agreed to reduce your annual salary to $________, effective from January 1, 2009 to December 31, 2009.  This reduction in your annual base salary is made at your request, and you acknowledge that this reduction in your annual base salary does not constitute a breach by Equity One of your employment agreement.  In return, Equity One acknowledges that this reduction in your annual base salary does not constitute a reduction of your annual base salary under your employment agreement for purposes of the determination of your annual base salary for years after the 2009 calendar year or for purposes of the determination of any other amounts owed to you by Equity One under your employment agreement which are calculated based upon your annual base salary.  Your annual base salary will be reinstated on January 1, 2010, without any retroactive payments or adjustments for the reduction during the 2009 calendar year.

On behalf of Equity One, let me say that we appreciate the leadership you have shown in voluntarily reducing your annual base salary.

If this letter accurately states your agreement to reduce your annual base salary, then please sign a copy of this letter and return it by February 6, 2009, to Arthur Gallagher, General Counsel.

 
Sincerely,
   
   
   
 
Neil Flanzraich,
 
Chairman, Compensation Committee


Agreed to:


   
Date:  February __, 2009
 

 

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