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): March 3, 2008
__________________________
TIAA REAL ESTATE ACCOUNT
(Exact name of registrant as specified in its charter)
New York | | 33-92990; 333-141513 | | Not Applicable |
(State or other jurisdiction of
Incorporation) | | (Commission File
Number) | | (I.R.S. Employer
Identification No.) |
c/o Teachers Insurance and Annuity Association of America
730 Third Ave, New York, New York 10017-3206
(Address of principal executive offices) (Zip Code)
(212) 490-9000
(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:
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 March 3, 2008, Teachers Insurance and Annuity Association of America (“TIAA”), on behalf of the TIAA Real Estate Account (the “Account”), entered into a Custodian Agreement (the “Custodian Agreement”) with State Street Bank and Trust Company, N.A. (the “Custodian”), pursuant to which the Custodian is appointed custodian of certain investment securities, monies and other assets held on behalf of the Account in places within or outside the United States. Following an effective period of one (1) year, the Custodian Agreement may be terminated by either party by written notice to the other party that is received not less than one hundred twenty (120) days prior to the date upon which termination is to take effect, in the case of termination by State Street, and not less than sixty (60) days prior to the date upon which such termination is to take effect, in the case of termination by TIAA.
Item 1.02 | Termination of a Material Definitive Agreement. |
Effective March 3, 2008, the Custodial Services Agreement, dated as of June 1, 1995, by and among TIAA, on behalf of the Account, and Morgan Guaranty Trust Company of New York (such Agreement assigned to Bank of New York (currently The Bank of New York Mellon Co.) in January, 1996), was terminated. This Custodial Services Agreement provided for substantially the same custodial services as the Custodian Agreement referenced in Item 1.01 above and was terminated in contemplation of the Account and the Custodian entering into the Custodian Agreement referenced in Item 1.01 above.
2
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, thereunto duly authorized.
| | TIAA REAL ESTATE ACCOUNT |
| | |
| By: | TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA |
| | |
Date: March 7, 2008 | By: | /s/ Stewart P. Greene | |
| | Stewart P. Greene |
| | Vice President and Associate General Counsel |
3
