UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 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):May 9, 2012
American Realty Capital New York Recovery REIT, Inc.
(Exact Name of Registrant as Specified in Its Charter)
Maryland
(State or Other Jurisdiction of Incorporation)
| 000-54689 | 27-1065431 | |
| (Commission File Number) | (IRS Employer Identification No.) | |
405 Park Avenue New York, New York 10022 | ||
| (Address, including zip code, of Principal Executive Offices) | ||
| (212) 415-6500 | ||
| (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:
| ¨ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| x | 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.
American Realty Capital New York Recovery REIT, Inc. (the “Company”) filed a definitive proxy statement with the Securities and Exchange Commission (“SEC”) on April 25, 2012. In the proxy statement, the Company stated that, as of the record date of April 19, 2012, the Company had 14,263,875 shares issued and outstanding which were entitled to vote at the Annual Meeting (the “Meeting”) on June 6, 2012. This number was off due to an inadvertent miscalculation and the Company announces herein that, as of the record date of April 19, 2012, it had 9,516,841 shares issued and outstanding and entitled to vote at the Meeting.
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.
| AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC. | |||
| Date: May 9, 2012 | By: | /s/ Nicholas S. Schorsch | |
| Name: | Nicholas S. Schorsch | ||
| Title: | Chief Executive Officer and Chairman of the Board of Directors | ||
