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
March 7, 2008
Date of Report (Date of earliest event reported)
THE GREAT ATLANTIC & PACIFIC
TEA COMPANY, INC.
(Exact name of registrant as specified in its charter)
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Maryland
(State or other jurisdiction of
incorporation or organization)
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1-4141
(Commission file number)
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13-1890974
(I.R.S. Employer
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:
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d- 2(b))
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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TABLE OF CONTENTS
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| Item 1.01 |
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Entry into a Material Definitive Agreement |
On March 7, 2008 the Company entered into a definitive agreement with C&S Wholesale Grocers,
Inc. (“C&S”) whereby C&S will provide warehousing, logistics, procurement and purchasing services
(the “Services”) in support of the Company’s entire supply chain. This agreement replaces and
supersedes three (3) separate wholesale supply agreements under which the parties have been
operating. The term of the agreement is ten and one-half (10-1/2) years, which includes a six-month
“ramp-up” period during which the parties will transition to the new contractual terms and
conditions. The agreement provides that the actual costs of performing the services shall be
reimbursed to C&S on an “open-book” or “cost-plus” basis, whereby the parties will negotiate annual
budgets that will be reconciled against actual costs on a periodic basis. The parties will also
annually negotiate services specifications and performance standards that will govern warehouse
operations. The agreement defines the parties’ respective responsibilities for the procurement and
purchase of merchandise intended for use or resale at the Company’s stores, as well as the parties’
respective remuneration for warehousing and procurement/purchasing activities. In consideration
for the services it provides under the agreement, C&S will be paid an annual fee and will have
incentive income opportunities based upon A&P’s cost savings and increases in retail sales volume.
On March 10, 2008, the Company issued a press release relating to its new agreement with C&S,
a copy of which is attached hereto and made a part hereof.
(c) Exhibits. The following exhibit is filed herewith:
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Description |
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99.1 |
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Press Release dated March 10, 2008 |
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