-----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, Im5iclDpH1UkCchqYuwFYCNP/gF4jWbdg9YWhZ2utL5lzdHzAE7nCZhDxuGOf20j qgl34enrWQ/JcOxIpCfeqg== 0001193939-10-000005.txt : 20100210 0001193939-10-000005.hdr.sgml : 20100210 20100210164935 ACCESSION NUMBER: 0001193939-10-000005 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20100208 FILED AS OF DATE: 20100210 DATE AS OF CHANGE: 20100210 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: MARSHALL RON CENTRAL INDEX KEY: 0001229233 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-04141 FILM NUMBER: 10588403 MAIL ADDRESS: STREET 1: BORDERS GROUP, INC. STREET 2: 100 PHOENIX DRIVE CITY: ANN ARBOR STATE: MI ZIP: 48108 ISSUER: 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: 0228 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 4 1 edgar.xml PRIMARY DOCUMENT X0303 4 2010-02-08 0000043300 GREAT ATLANTIC & PACIFIC TEA CO INC GAP 0001229233 MARSHALL RON 2 PARAGON DRIVE MONTVALE NJ 07645 0 1 0 0 President & CEO Common Stock 2010-02-08 4 A 0 128040 0 A 128040 D Employee Stock Option (right to buy) 6.09 2010-02-08 4 A 0 164203 6.09 A 2011-02-08 2018-02-08 Common Stock 164203 164203 D The award was a grant for which no consideration was paid. The shares in the total are underlying restricted stock units which can only be settled in stock. The acquistion represents the grant of 128,040 restricted stock units which can only be settled in stock and which vest according to the following schedule: 1/4 on February 8, 2011 and 3/4 on February 8, 2013. This option vests in three equal installments: 1/3 on February 8, 2011, 1/3 on February 8, 2012 and 1/3 on February 8, 2013. Christopher McGarry, Attorney-in-Fact for Ronald Marshall 2010-02-10 EX-24 2 poarmtv2.txt POWER OF ATTORNEY POWER OF ATTORNEY Know all by these presents that the undersigned hereby constitutes and appoints each of Christopher McGarry, Joan Roensch and Gabrielle Scalise, oreither of them signing singly, and with full power of substitution, the undersigneds true and lawful attorney in fact to: (1) prepare, execute in the undersigneds name and on the undersigneds behalf, and submit to the U.S. Securities and Exchange Commission (the SEC) a Form ID, including amendments thereto, and any other documents necessary or appropriate to obtain codes and passwords enabling the undersigned to make electronic filings with the SEC of reports required by Section 16(a) of the Securities Exchange Act of 1934 or any rule or regulation of the SEC; (2) execute for and on behalf of the undersigned, in the undersigneds capacity as an officer and/or director of The Great Atlantic & Pacific Tea Company, Inc. (the Company), Forms 3, 4, and 5 in accordance with Section 16(a) of the Securities Exchange Act of 1934 and the rules thereunder; (3) do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form3, 4, or 5, complete and execute any amendment or amendments thereto, and timely file such form with the SEC and any stock exchange or similar authority; and (4) take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney in fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in such attorney in fact's discretion. The undersigned hereby grants to each such attorney in fact full powerand authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney in fact, or such attorney in fact's substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorneys in fact, in serving in such capacity at the request of the undersigned, are notassuming, nor is the Company assuming, any of the undersigneds responsibilities to comply with Section 16 of the Securities Exchange Act of 1934. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms3, 4, and 5 with respect to the undersigned's holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys in fact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this day of February ,2010. ____________________ Signature Ronald Marshall Print Name \\\DC - 57385/2 - #1301253 v1 \\\DC - 57385/2 - #1301253 v1 \\\DC - 57385/2 - #1301253 v1 -----END PRIVACY-ENHANCED MESSAGE-----