-----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, S/+dLVz3bEM257XSsICk7DvYhaAi8pbOJhFUl2oBuPnkzlrqV2GfABdYgVYAnYvm zWQbqtIEu5HHSD3ycVULmA== 0000950123-07-015732.txt : 20071119 0000950123-07-015732.hdr.sgml : 20071119 20071119112425 ACCESSION NUMBER: 0000950123-07-015732 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20071119 ITEM INFORMATION: Other Events FILED AS OF DATE: 20071119 DATE AS OF CHANGE: 20071119 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: 071255231 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 y42969e8vk.txt FORM 8-K 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 November 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 November 19, 2007, The Great Atlantic & Pacific Tea Company, Inc. (the "Company"), issued a press release announcing that they have provided the two week notice of its intention to consummate the acquisition of Pathmark Stores Inc. to the Federal Trade Commission (FTC) effective November 13, 2007. A copy of the press release is attached hereto as Exhibit 99.1. (c) Exhibits. The following exhibit is filed herewith: Exhibit No. Description ---------------------------------------- 99.1 Press Release dated November 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: November 19, 2007 THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. By: /s/ Allan Richards ------------------ Allan Richards, Senior Vice President, Human Resources, Labor Relations, Legal Services & Secretary EX-99.1 2 y42969exv99w1.txt PRESS RELEASE Exhibit 99.1 Investor Contact: William J. Moss Vice President, Treasurer (201) 571-4019 Press Contact: Richard P. De Santa Senior Director, Corporate Affairs (201) 571-4495 A&P and Pathmark file 14-day notice period with the FTC Transaction is now expected to close in early December MONVALE, NJ - November 19, 2007 - The Great Atlantic & Pacific Tea Company Inc. (A&P)(NYSE:GAP) announced today it has provided the required two week notice of its intention to consummate the acquisition of Pathmark Stores Inc. to the Federal Trade Commission (FTC), effective November 13, 2007. The notice stated that A&P may consummate its acquisition of Pathmark any time after November 27, 2007. The Company now expects the transaction to close in early December. On September 20, the Company had announced that A&P and Pathmark Stores Inc. (Pathmark)(NASDAQ:PTMK) had entered into an agreement with the FTC, pursuant to which both companies agreed that A&P would provide the FTC with notice of its intention to consummate its acquisition of Pathmark at least two weeks prior to closing such transaction. A&P also said that it has executed an agreement with the staff of the FTC regarding required divestitures, and has entered into definitive asset purchase agreements with specific buyers for certain stores. The final agreement is subject to approval by the Commissioners of the FTC, which the Company said it expects to obtain. Axinn, Veltrop & Harkrider LLP is serving as antitrust counsel to A&P and Latham & Watkins LLP is serving as counsel to Pathmark. About The Great Atlantic & Pacific Tea Company, Inc - --------------------------------------------------- Founded in 1859, A&P is one of the nation's first supermarket chains. The Company operates 315 stores in 6 states and the District of Columbia under the following trade names: A&P, Waldbaum's, The Food Emporium, Super Foodmart, Super Fresh and Food Basics. About Pathmark Stores Inc. - -------------------------- Pathmark is a regional supermarket chain currently operating 140 supermarkets in the New York, New Jersey and Philadelphia metropolitan areas. Additional information about Pathmark may be found at its web site, www.pathmark.com. 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-----