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 (Date of earliest event reported): September 20, 2010
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 Incorporation) | (Commission File Number) | (IRS Employer Identification No.) |
| Two Paragon
Drive Montvale, New Jersey |
07645 | |
| (Address of Principal Executive Offices) | (Zip Code) |
Registrant’s telephone number, including area code: (201) 573-9700
| 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:
o Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
o Soliciting material pursuant
to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule
14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule
13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 5.02.(b)(d) Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers
On September 21, 2010, The Great Atlantic & Pacific Tea Company, Inc. (the “Company”), issued a press release announcing the appointment of Thomas Casey to the Board of Directors. Mr. Casey fills the open Board position left by Frederic Brace’s resignation from the Board of Directors on September 20th which followed his appointment as the Company’s Chief Administrative Officer. As of the date of this disclosure, Mr. Casey is expected to be named to the Company’s Audit Committee and Finance Committee. Mr. Casey will serve in his capacity as director until the next annual meeting of the Company’s shareholders and will be nominated for election to the Board at that shareholder meeting. A copy of the press release announcing Mr. Casey’s election is attached hereto as Exhibit 99.1.
Mr. Casey was appointed by affiliates of The Yucaipa Companies, LLC pursuant to the terms of the Amended and Restated Yucaipa Stockholder Agreement dated August 4, 2009 and the Company’s By-Laws.
Item 9.01. Exhibits
|
|
(d) Exhibits. The following exhibits are filed herewith: |
| Exhibit No. | Description | |
|
99.1
|
Press Release dated September 21, 2010 |
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: September 24, 2010
THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC.
By: /s/ Christopher
W. McGarry
Senior Vice President, General Counsel and Corporate
Secretary
EXHIBIT INDEX
| Exhibit No. | Description | |
|
99.1
|
Press Release dated September 21, 2010 |