0000912593-11-000012.txt : 20110401 0000912593-11-000012.hdr.sgml : 20110401 20110401172110 ACCESSION NUMBER: 0000912593-11-000012 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20110401 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20110401 DATE AS OF CHANGE: 20110401 FILER: COMPANY DATA: COMPANY CONFORMED NAME: SUN COMMUNITIES INC CENTRAL INDEX KEY: 0000912593 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE INVESTMENT TRUSTS [6798] IRS NUMBER: 382730780 STATE OF INCORPORATION: MD FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-12616 FILM NUMBER: 11732627 BUSINESS ADDRESS: STREET 1: 27777 FRANKLIN ROAD STREET 2: SUITE 200 CITY: SOUTHFIELD STATE: MI ZIP: 48034 BUSINESS PHONE: 2482082500 MAIL ADDRESS: STREET 1: 27777 FRANKLIN ROAD STREET 2: SUITE 200 CITY: SOUTHFIELD STATE: MI ZIP: 48034 8-K 1 sui8k04012011.htm 8-K DATED 4-1-2011 sui8k04012011.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: April 1, 2011
(Date of earliest event reported)

SUN COMMUNITIES, INC.
(Exact name of registrant as specified in its charter)
 

Maryland
 
1-12616
 
38-2730780
(State or other jurisdiction of incorporation)
 
(Commission File Number)
 
(IRS Employer Identification No.)
 

27777 Franklin Rd.
   
Suite 200
   
Southfield, Michigan
 
48034
(Address of Principal Executive Offices)
 
(Zip Code)


(248) 208-2500
 (Registrant’s telephone number, including area code)



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 2.02
 
Description.

On April 1, 2011, Sun Communities, Inc. (the “Company”) issued a press release, furnished as Exhibit 99.1 and incorporated herein by reference, announcing: (i) the execution of a master contribution agreement under which Sun Communities Operating Limited Partnership proposes to acquire 18 manufactured housing communities and one recreational vehicle community from Kentland Corporation and its affiliates, and (ii) a preliminary agreement, which is subject to final approval, with Fannie Mae and PNC Bank to settle certain litigation the Company commenced in November 2009.

The information contained in this Current Report on Form 8-K, including the exhibit attached hereto, is being furnished and shall not be deemed to be “filed” for purposes of the Securities Exchange Act of 1934, as amended.



Item 9.01
Financial Statements and Exhibits.


(d)
Exhibits.
99.1
Press Release issued April 1, 2011


 
 
 

 


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.


   
SUN COMMUNITIES, INC.
 
 
Dated: April 1, 2011
 
By:
 
/s/ Karen J. Dearing
     
Karen J. Dearing, Executive Vice President,
Chief Financial Officer, Secretary and Treasurer



2038166.1
 
 

 

EXHIBIT INDEX





EXHIBIT #
 
DESCRIPTION
99.1
 
Press Release issued April 1, 2011
     


 
 
 

 

EX-99.1 2 pressrelease04012011.htm PRESS RELASE 4-1-2011 pressrelease04012011.htm
 
 

 




FOR FURTHER INFORMATION AT THE COMPANY:
Karen J. Dearing
Chief Financial Officer
(248) 208-2500

SUN COMMUNITIES, INC. ANNOUNCES EXECUTION OF PORTFOLIO ACQUISITION AGREEMENT AND PROVIDES FANNIE MAE LITIGATION UPDATE

Southfield, MI, April 1, 2011 - Sun Communities, Inc. (NYSE: SUI) (the “Company”), a real estate investment trust (“REIT”) that owns and operates manufactured housing and recreational vehicle communities, today announced that it has entered into a Master Contribution Agreement with Kentland Corporation and its principals to acquire eighteen (18) manufactured housing communities and one (1) recreational vehicle community located in Western Michigan.  Under the terms of the agreement, the Company acquires the communities, personal property and other intangibles associated with the communities from Kentland Corporation and its affiliated entities for an aggregate purchase price of $139.3 million plus the fair market value of the inventory and notes receivable, payable in a combination of cash, assumption of debt and preferred OP units.  It is expected that the Company will assume approximately $77.0 million of existing debt, issue approximately $46.0 million of preferred OP units and pay the estimated balance of $16.3 million in cash, exclusive of the cash purchase price for inventory and notes receivable.  The preferred OP units carry an annual yield of between 5 percent and 6 percent and are convertible into shares of the Company’s common stock at a conversion price of $41 per share.  The transaction reflects an approximate capitalization rate of 8.3 percent and the initial twelve months accretion is estimated at $0.24 to $0.28 per fully diluted share/OP unit, excluding the effect of transaction costs and the equity issued earlier in the year to fund the cash required for the transaction. The equity issuance was previously included in the Company’s 2011 guidance.  The closing of this transaction is subject to customary closing conditions, including the consent of the existing lenders, and this transaction is expected to close in May 2011.

The portfolio consists of 5,490 sites and is largely situated in our market area in Western Michigan. It is approximately 79 percent occupied and reflects a generally high level of quality with minimal deferred maintenance. “We believe that our management team supported by our systems and procedures will strongly enhance the value of the portfolio over time”, said Gary A. Shiffman, Chairman and Chief Executive Officer.

The Company also announced it entered into a preliminary agreement with Fannie Mae and PNC Bank, which is subject to final approval, to settle the litigation the Company commenced in November 2009 over certain fees charged when Sun’s variable rate loan facility was extended in April 2009.   Upon consummation of the settlement, the maturity date of Sun’s entire $367.0 million credit facility with PNC Bank and Fannie Mae will be extended from 2014 to 2023.
 
Sun Communities, Inc. is a REIT that currently owns and operates a portfolio of 136 communities comprising approximately 47,600 developed sites.



For more information about Sun Communities, Inc.
visit our website at www.suncommunities.com

 
 

 

Forward Looking Statements

This press release contains various “forward-looking statements” within the meaning of the Securities Act of 1933, as amended, and the Securities Exchange Act of 1934, as amended, and the Company intends that such forward-looking statements will be subject to the safe harbors created thereby. Forward-looking statements can be identified by words such as “will,” “may,” “could,” “expect,” “anticipate,” “believes,” “intends,” “should,” “plans,” “estimates,” “approximate”, “guidance” and similar expressions in this press release that predict or indicate future events and trends and that do not report historical matters.

These forward-looking statements reflect the Company’s current views with respect to future events and financial performance, but involve known and unknown risks, uncertainties, and other factors, some of which are beyond our control. These risks, uncertainties, and other factors may cause the actual results of the Company to be materially different from any future results expressed or implied by such forward-looking statements. Such risks and uncertainties include national, regional and local economic climates, the ability to maintain rental rates and occupancy levels, competitive market forces, changes in market rates of interest, the ability of manufactured home buyers to obtain financing, the level of repossessions by manufactured home lenders and those risks and uncertainties referenced under the headings entitled “Risk Factors” contained in our 2010 10-K, and the Company’s other periodic filings with the Securities and Exchange Commission.

The forward-looking statements contained in this press release speak only as of the date hereof and the Company expressly disclaims any obligation to provide public updates, revisions or amendments to any forward- looking statements made herein to reflect changes in the Company’s assumptions, expectations of future events, or trends.