8-K 1 d70179-8k.htm BODY OF FORM 8-K

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)

June 27, 2008

 

Merchants Bancshares, Inc.

(Exact Name of Registrant As Specified In Its Charter)

 

Delaware

0-11595

03-0287342

(State Or Other Jurisdiction

(Commission File No.)

(IRS Employer

Of Incorporation)

 

Identification No.)

     

275 Kennedy Drive

 

05403

So. Burlington, Vermont

 

(Zip Code)

(Address Of Principal Executive Offices)

 
 

(802) 658-3400

(Registrant's telephone number, including area code)

 

      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 (see General Instruction A.2. below):

 

[  ]

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))

   


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Item 1.01. Entry into a Material Definitive Agreement.

 

      On June 27, 2008, Merchants Bank (the "Bank"), a Vermont corporation and wholly-owned subsidiary of Merchants Bancshares, Inc. ("Merchants"), a Delaware corporation, entered into two Agreements (the "Agreements"), effecting the sale and lease-back of its principal office, 275 Kennedy Drive, South Burlington, Vermont.

 

      In the first Agreement, the Bank entered into a Purchase and Sale Agreement with Eastern Avenue Properties, L.L.C., a Vermont limited liability company ("Eastern") whereby Eastern agreed to pay $5.7 million for approximately 2.94 acres, with the Bank's headquarters, operations center and branch, and certain personal property (the "Property"). In the second Agreement, the Bank entered into a Lease Agreement with Farrell Exchange, L.L.C., a Vermont limited liability company ("Farrell") whereby the Bank will lease back the Property for an initial term of ten years and two optional terms of five years. The base annual rent will be $483 thousand for each of the first ten years, $557 thousand for each of years 11 - 15 and $612 thousand for each of years 16 - 20. The Purchase and Sale Agreement closed on June 27, 2008, and the lease commenced on that date. The Bank expects to record a gain of approximately $4.2 million which will be amortized over the lease term.

 

Item 9.01. Financial Statements and Exhibits

 

(c).

The following exhibits are included with this Report:

   
 

Exhibit No.

 

Description

 
 


 


 
 

99.1

 

Press Release dated July 2, 2008

       


 

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.

 
 

MERCHANTS BANCSHARES, INC.

 

Date:

July 3, 2008

 

/s/ Janet P. Spitler

 


 


     

Janet P. Spitler

     

Treasurer & CFO

       


 

Exhibit 99.1

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