8-K/A 1 y58473e8vkza.txt AMENDMENT NO. 1 TO FORM 8-K ================================================================================ SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 ------------------------ FORM 8-K/A CURRENT REPORT PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934 MAY 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) MARYLAND 1-4141 13-1890974 ------------------------------- ------------------------ ------------------- (State or other jurisdiction of (Commission file number) (I.R.S. Employer incorporation or organization) 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 8.01. OTHER EVENTS. On May 7, 2008, Yucaipa Corporate Initiatives Fund I, L.P., Yucaipa American Alliance Fund I, L.P. and Yucaipa American Alliance (Parallel) Fund I, L.P. (collectively "the Yucaipa Investors") exercised all of the Series A Warrants issued to the Yucaipa Investors pursuant to the Amended and Restated Warrant Agreement (the "Warrant Agreement") in connection with A&P's acquisition of Pathmark Stores. The Series A Warrants had an exercise price of $18.36 per share and would have expired on June 9, 2008. Under the terms of the Warrant Agreement, the Series A Warrants must be exercised on a cashless basis, and A&P has twenty (20) business days [from the exercise date and surrender of the warrant certificates] to deliver to the Yucaipa Investors, at A&P's election, cash (up to $45.7 million), shares of A&P common stock (up to 1.63 million shares), or a combination thereof, in settlement of the Series A Warrants. Pursuant to the Stockholder Agreement dated as of March 4, 2007 between A&P and Tengelmann Warenhandelsgesellschaft KG, Tengelmann has the right to approve any issuance of A&P common stock under the Series A Warrants. In addition, Tengelmann has the ability to exercise a "put right" whereby it has the ability to require A&P to purchase A&P stock held by Tengelmann to settle the Series A Warrants. 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: May 8, 2008 THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. By: /s/ Allan Richards ---------------------------------------- Name: Allan Richards Title: Senior Vice President, Human Resources, Labor Relations, Legal Services & Secretary