-----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, TEhB4/LUyFEQoSW5K7jtqApTYeLyzgF8XMeme9LZRTPQByLDAvbzkfnCRRS7r2+h 3eX9rsy14OxamX7vdz4kAw== 0000043300-07-000012.txt : 20070420 0000043300-07-000012.hdr.sgml : 20070420 20070420112340 ACCESSION NUMBER: 0000043300-07-000012 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20070419 ITEM INFORMATION: Other Events FILED AS OF DATE: 20070420 DATE AS OF CHANGE: 20070420 FILER: COMPANY DATA: COMPANY CONFORMED NAME: GREAT ATLANTIC & PACIFIC TEA CO INC CENTRAL INDEX KEY: 0000043300 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-GROCERY STORES [5411] IRS NUMBER: 131890974 STATE OF INCORPORATION: MD FISCAL YEAR END: 0225 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-04141 FILM NUMBER: 07777843 BUSINESS ADDRESS: STREET 1: 2 PARAGON DR CITY: MONTVALE STATE: NJ ZIP: 07645 BUSINESS PHONE: 2015739700 MAIL ADDRESS: STREET 1: 2 PARAGON DRIVE CITY: MONTVALE STATE: NJ ZIP: 07645 8-K 1 f8kapril2007ftcsecondrequest.txt FORM 8K APRIL 19, 2007 FTC SECOND REQUEST 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 April 19, 2007 Date of Report (Date of earliest event reported) ------------------------------------- THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. (Exact name of registrant as specified in its charter) Maryland 1-4141 13-1890974 (State or other jurisdiction of (Commission file number) (I.R.S. Employer incorporation or organization) Identification No.) Two Paragon Drive Montvale, New Jersey 07645 (Address of principal executive offices) (201) 573-9700 (Registrant's telephone number, including area code) 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: __ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) __ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) __ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d- 2(b)) __ 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 April 19, 2007, the Company issued a press release announcing that on April 18, 2007 the Federal Trade Commission (FTC) issued a Request for Additional Information and Documentary Material - commonly known as a "Second Request" - in connection with A&P's recent agreement to acquire Pathmark Stores, Inc. The Second Request was issued to the Tengelmann Group as A&P's majority shareholder. The request for information was issued pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). A copy of the April 19, 2007 press release is attached hereto as an Exhibit 99.1. (c) Exhibits. The following exhibit is filed herewith: Exhibit No. Description ---------------------------------------- 99.1 Press Release dated April 19, 2007 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. Dated: April 20, 2007 THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. By: /s/ Allan Richards Allan Richards, Senior Vice President, Human Resources, Labor Relations, Legal Services & Secretary EXHIBIT INDEX Exhibit No. Description 99.1 Press release dated April 19, 2007 News Exhibit 99.1 The Great Atlantic & Pacific Tea Company, Inc. 2 Paragon Drive Montvale, NJ 07645 Investor contact: William J. Moss Vice President, Treasurer (201) 571-4019 Press contact: Richard P. De Santa Senior Director, Corporate Affairs (201) 571-4495 For Immediate Release A&P Receives "Second Request"From FTC For Pathmark Merger Related Information MONTVALE, N.J. - (April 19) - The Great Atlantic & Pacific Tea Company, Inc. (A&P)(NYSE:GAP) today announced that yesterday the Federal Trade Commission (FTC) issued a Request for Additional Information and Documentary Material - commonly known as a "Second Request" - in connection with A&P's recent agreement to acquire Pathmark Stores, Inc. The Second Request was issued to the Tengelmann Group as A&P's majority shareholder. The request for information was issued pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). The Company said the effect of this action is essentially to extend the waiting period pursuant to the HSR Act until 30 days following the Company's substantial compliance with the Second Request, unless the FTC terminates the waiting period earlier. A&P will continue cooperating with the FTC's review, and will comply with the Second Request in a timely fashion. The Company continues to expect the transaction to close in the second half of A&P's current fiscal year ending in February 2008. Founded in 1859, A&P is one of the nation's first supermarket chains. The Company operates 410 stores in 9 states and the District of Columbia under the following trade names: A&P, Waldbaum's, The Food Emporium, Super Foodmart, Super Fresh, Farmer Jack, Sav-A-Center and Food Basics. This release contains forward-looking statements about the future performance of the Company, which are based on Management's assumptions and beliefs in light of the information currently available to it. The Company assumes no obligation to update the information contained herein. These forward-looking statements are subject to uncertainties and other factors that could cause actual results to differ materially from such statements including, but not limited to: competitive practices and pricing in the food industry generally and particularly in the Company's principal markets; the Company's relationships with its employees and the terms of future collective bargaining agreements; the costs and other effects of legal and administrative cases and proceedings; the nature and extent of continued consolidation in the food industry; changes in the financial markets which may affect the Company's cost of capital and the ability of the Company to access capital; supply or quality control problems with the Company's vendors; and changes in economic conditions which affect the buying patterns of the Company's customers. ######## -----END PRIVACY-ENHANCED MESSAGE-----