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): December 17, 2008 (December 16, 2008)
Behringer Harvard Opportunity REIT II, Inc.
(Exact Name of Registrant as Specified in Its Charter)
Maryland | | 333-140887 | | 20-8198863 |
(State or other jurisdiction of incorporation
or organization) | | (Commission File Number) | | (I.R.S. Employer
Identification No.) |
15601 Dallas Parkway, Suite 600, Addison, Texas
75001
(Address of principal executive offices)
(Zip Code)
(866) 655-3600
(Registrant’s telephone number, including area code)
None
(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 1.01 Entry into a Material Definitive Agreement.
On December 16, 2008, Behringer Harvard Opportunity REIT II, Inc., a Maryland corporation (which may be referred to herein as the “Registrant,” “we,” “our” or “us”) renewed the Advisory Management Agreement as amended by the First Amendment to the Advisory Management Agreement (collectively, the “Advisory Agreement”) between us and our advisor, Behringer Harvard Opportunity Advisors II LP. The renewed Advisory Agreement is effective as of January 4, 2009 for a term of one year; however, either party may terminate the Advisory Agreement without cause or penalty upon providing 60 days’ written notice. The terms of the Advisory Agreement remain unchanged.
Item 7.01 Regulation FD Disclosure.
On December 16, 2008, our board of directors declared distributions payable to the stockholders of record each day during the months of January, February, and March 2009. Distributions payable to each stockholder of record during a month will be paid in cash on or before the 16th day of the following month. The declared distributions equal a daily amount of $0.0008219 per share of common stock. If this rate were paid each day for a 365-day period, it would equal a 3.0% annualized rate based on a purchase price of $10.00 per share. A portion of each distribution may constitute return of capital for tax purposes. There is no assurance that we will continue to declare daily distributions at this rate.
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SIGNATURE
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.
| BEHRINGER HARVARD OPPORTUNITY REIT II, INC. |
| |
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Dated: December 17, 2008 | By: | /s/ Gerald J. Reihsen, III |
| | Gerald J. Reihsen, III |
| | Executive Vice President – Corporate Development & Legal |
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