X0303 4 2009-08-04 0000043300 GREAT ATLANTIC & PACIFIC TEA CO INC GAP 0001193939 HAUB CHRISTIAN W E 2 PARAGON DRIVE MONTVALE NJ 07645 1 1 1 0 EXECUTIVE CHAIRMAN Series A-T Preferred Stock 5.00 2009-08-04 4 P 0 18800 1000.00 A 2010-08-05 2016-08-01 Common Stock, $1 par value 3760000 18800 D Series A-T Preferred Stock 5.00 2009-08-04 4 J 0 18800 0 D 2010-08-05 2016-08-01 Common Stock, $1 par value 3760000 0 D Series A-T Preferred Stock 5.00 2009-08-04 4 J 0 60000 0 A 2010-08-05 2016-08-01 Common Stock, $1 par value 12000000 60000 I Limited Partnership The 8% Cumulative Convertible Preferred Stock, Series A-T, without par value due August 1, 2016 (the "Series A-T Preferred Stock"). The Series A-T Preferred Stock was acquired for $1,000 per share and each share of Series A-T Preferred Stock is initially convertible into 200 shares of Common Stock (the "Conversion Rate"), which represents a Common Stock price per share of $5.00. The Conversion Rate is subject to change. The full right, title and ownership of the Series A-T Preferred Stock was contributed to Tengelmann Warenhandelsgesellschaft KG, a German limited partnership ("Tengelmann"). The Series A-T Preferred Stock is not presently convertible into Common Stock but will become convertible on August 5, 2010, at the holder's option, subject to any limitations imposed by any stockholder approval requirements of the New York Stock Exchange. The value set forth in this field is based upon the Conversion Rate as of August 4, 2009. Each share of the Series A-T Preferred Stock is owned by Tengelmann. The reporting person expressly declares that the filing of this statement is not an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934, as amended, the beneficial owner of the Series A-T Preferred Stock owned by Tengelmann, except to the extent of the reporting person's pecuniary interest in the Series A-T Preferred Stock. Christian W. E. Haub by Joan Roensch (Attorney-in-Fact) 2009-08-06