ap8k_101509.htm
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
October
15, 2009
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
incorporation
or organization)
|
(Commission
file number)
|
(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:
[ ]
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
5.02.
|
Departure
of Directors or Certain Officers; Election of Directors: Appointment of
Certain Officers; Compensatory Arrangements of Certain
Officers.
|
Mr.
Andreas Guldin was appointed Vice Chairman and Chief Strategy Officer of The
Great Atlantic & Pacific Tea Company, Inc. (the “Company”) effective October
15, 2009.
Dr.
Guldin, age 47, became a member of the Board on May 1, 2007. From May
1, 2007 through October 14, 2009, Dr. Guldin was Executive Managing Director,
Strategy & Corporate Development for the Company. Dr. Guldin was
a Senior Executive Vice President (Corporate Finance) and Co-Chief Financial
Officer of Tengelmann Warenhandelsgesellschaft KG (“Tengelmann”), a role which
he held from July 2005 until April 2007. He has also served as an
advisor to the Executive Chairman and Board of Directors of the Company and he
was lead negotiator in the acquisition of Pathmark Stores, Inc. Prior
to joining Tengelmann, Dr. Guldin served from May 1995 to March 2005 as a member
of the Executive Management Team and Chief Financial Officer at E. Breuninger
GmbH & Co. (Germany), the most prestigious department store and fashion
retailer in Germany. Since 2008, Dr. Guldin has served as Chief
Executive Officer of Emil Capital Partners, LLC (“ECP”), an investment,
management and consulting entity focused on business activities in North
America. ECP is a wholly-owned subsidiary of Tengelmann and is a
Company stockholder. Dr. Guldin is a Visiting Faculty Member at the
University Stuttgart and Düsseldorf for Finance and Performance Management. He
holds a masters degree in Psychology from J.W. Goethe University in Frankfurt,
Germany; a masters degree in Business Administration from London Business
School, UK; and a doctorate degree in Economics and Business Administration from
University of Hohenheim, Germany. The Company has previously
disclosed the transactions in which Dr. Guldin has an interest that require
disclosure under Item 404(a) of Regulation S-K under the caption “Certain
Relationships and Transaction” in its Proxy Statement on Schedule 14A, filed
with the Securities and Exchange Commission (the “SEC”) on May 29, 2009 and the
caption “Transactions with Related Parties” in its Proxy Statement on Schedule
14A, filed with the SEC on September 1, 2009. These documents may be
accessed through the SEC’s website at www.sec.gov. The
Company entered into an employment agreement with Dr. Guldin in May 2007, which
is attached as Exhibit 10.1 to the Current Report on Form 8−K filed by the
Company with the SEC on May 7, 2007. This document may be accessed
through the SEC's website at www.sec.gov.
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 thereunto
duly authorized.
Dated: October
21, 2009
|
THE
GREAT ATLANTIC & PACIFIC TEA
|
|
COMPANY,
INC.
|
|
|
|
|
|
By: /s/ Christopher W.
McGarry
|
|
Name:
Christopher W. McGarry
|
|
Title: Senior
Vice President and General Counsel
|