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): April 14, 2009
LEXINGTON REALTY TRUST | ||
(Exact Name of Registrant as Specified in Its Charter) | ||
Maryland | 1-12386 | 13-3717318 |
(State or Other Jurisdiction of Incorporation) | (Commission File Number) | (IRS Employer Identification Number) |
One Penn Plaza, Suite 4015, New York, New York | 10119-4015 |
(Address of Principal Executive Offices) | (Zip Code) |
(212) 692-7200
(Registrant's Telephone Number, Including Area Code)
(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 obligations of the registrant under any of the following provisions
___ | Written communications pursuant to Rule 425 under the Securities Act (17 CFT|R 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 7.01. Regulation FD Disclosure.
On April 14, 2009, Concord Debt Holdings LLC and certain of its subsidiaries (collectively, “Concord”) entered into an amendment to its Master Repurchase Agreement with Column Financial (the “Column MRA”). We hold a 50% interest in the managing member of Concord.
First mortgage loans and mezzanine loans with a face value of approximately $282.1 million are subject to the Column MRA (the “Column Assets”). The current repurchase price for all loans subject to the Column MRA is approximately $148.9 million.
We provide a non-recourse carve-out (“bad boy”) guaranty with respect to the Column MRA, which remains unmodified by the amendment. We believe we have no obligation and we currently have no intention to use any of our financial resources to satisfy the obligations of Concord under the Column MRA (including the obligations described in the next paragraph). We expect Concord’s obligations under the Column MRA to be satisfied with proceeds from asset sales by Concord.
As a result of the foregoing amendment, for financial statement purposes, certain of the Column Assets will be classified by Concord as “assets held for sale” instead of their current classification of “held to maturity.” This change in classification will require Concord to mark-to-market each of the reclassified Column Assets on its financial statements. Accordingly, given the current depression in the credit markets, it is expected that Concord will incur a substantial negative mark to market adjustment on its statement of operations with respect to the reclassified Column Assets, 50% of which will be recognize by us with respect to our investment in Concord. At this time, the amount of such adjustment has not yet been determined.
The information furnished pursuant to this “Item 7.01 Regulation FD Disclosure” shall not be deemed to be “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, which we refer to as the Exchange Act, or otherwise subject to the liabilities under that section and shall not be deemed to be incorporated by reference into any of our filings under the Securities Act of 1933, as amended, or the Exchange Act, regardless of any general incorporation language in such filing.
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.
Lexington Realty Trust | |
Date: April 16, 2009 | By: /s/ T. Wilson Eglin |
T. Wilson Eglin | |
Chief Executive Officer |