0000950123-11-075938.txt : 20110811 0000950123-11-075938.hdr.sgml : 20110811 20110811103200 ACCESSION NUMBER: 0000950123-11-075938 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20110808 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20110811 DATE AS OF CHANGE: 20110811 FILER: COMPANY DATA: COMPANY CONFORMED NAME: GETTY REALTY CORP /MD/ CENTRAL INDEX KEY: 0001052752 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE [6500] IRS NUMBER: 113412575 STATE OF INCORPORATION: MD FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-13777 FILM NUMBER: 111026300 BUSINESS ADDRESS: STREET 1: 125 JERICHO TURNPIKE CITY: JERICHO STATE: NY ZIP: 11753 BUSINESS PHONE: 5163382600 MAIL ADDRESS: STREET 1: 125 JERICHO TURNPIKE CITY: JERICHO STATE: NY ZIP: 11753 8-K 1 c65779e8vk.htm FORM 8-K e8vk
 
 
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): August 8, 2011
GETTY REALTY CORP.
(Exact name of registrant as specified in its charter)
         
Maryland   001-13777   11-3412575
(State or other jurisdiction   (Commission   (IRS Employer
of incorporation)   File Number)   Identification No.)
     
125 Jericho Turnpike, Suite 103, Jericho, New York,   11753
(Address of principal executive offices)   (ZIP Code)
Registrant’s telephone number, including area code: (516) 478-5400
 
(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 8.01 Other Events.
     On August 8, 2011, Getty Realty Corp. issued a press release, a copy of which is attached as Exhibit 99.1 and incorporated herein by reference.
Item 9.01. Financial Statements and Exhibits
(d) Exhibits
     
Exhibit    
Number   Description
99.1
  Press Release, dated August 8, 2011, issued by Getty Realty Corp.

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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
             
    GETTY REALTY CORP.    
 
           
 
  By:   /s/ Thomas J. Stirnweis
 
   
 
  Name:   Thomas J. Stirnweis    
 
  Title:   Vice President, Treasurer and    
 
      Chief Financial Officer    
 
           
Date: August 11, 2011
           

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INDEX TO EXHIBITS
     
Exhibit   Description
 
Exhibit 99.1
  Press Release, dated August 8, 2011, issued by Getty Realty Corp.

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EX-99.1 2 c65779exv99w1.htm EX-99.1 exv99w1
Exhibit 99.1
RELEASE: IMMEDIATE
GETTY REALTY CORP.
PROVIDES UPDATE REGARDING
GETTY PETROLEUM MARKETING INC.
JERICHO, NY, August 8, 2011 — Getty Realty Corp. (NYSE-GTY) (the “Company”) announced today that it has not received the monthly rental payment due for August 2011 from its largest tenant, Getty Petroleum Marketing Inc. (“Marketing”), under its Master Lease and other leases with Marketing (the “Marketing Leases”).
In discussions with Marketing, the Company was informed today that based on Marketing’s distressed financial position, weakness in operating margins, and cash flow deficiencies, it was unlikely to be able to pay full rent for August. Although Marketing described various contingencies which, if resolved favorably, may allow for payment of full or partial rent for August, the Company can provide no assurances that Marketing will meet its current or future rental or other obligations under the Marketing Leases.
The Company has issued a contractual notice of default to Marketing as a result of its non-payment of rent, and intends to continue discussions with Marketing while it evaluates its options regarding this matter.
For more information on the risks associated with the Company’s relationship with Marketing and the risks associated with this relationship, see the disclosure under the caption “Risk Factors” in the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2010, the Company’s subsequent Quarterly Reports on Form 10-Q and as updated by the Company’s subsequent filings under the Securities Exchange Act of 1934, as amended and the Company’s other filings made with the Securities and Exchange Commission.
Getty Realty Corp. is the largest publicly-traded real estate investment trust in the United States specializing in ownership, leasing and financing of retail motor fuel and convenience store properties and petroleum distribution terminals. The Company owns and leases approximately 1,170 properties nationwide.
Certain statements in this press release may constitute “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. When the words “believes,” “expects,” “plans,” “projects,” “estimates” and similar expressions are used, they identify forward-looking statements. These forward-looking statements are based on management’s current beliefs and assumptions and information currently available to management and involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of the Company to be materially different from any future results, performance or achievements expressed or implied by these forward-looking statements. Information concerning factors that could cause our actual results to differ materially from these forward-looking statements can be found in our periodic reports filed with the Securities and Exchange Commission. We undertake no obligation to publicly release revisions to these forward-looking statements to reflect future events or circumstances or reflect the occurrence of unanticipated events.