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
August 14, 2006
Date of Report (Date of earliest event reported)
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THE GREAT ATLANTIC & PACIFIC
TEA COMPANY, INC.
(Exact name of registrant as specified in its charter)
Maryland 1-4141 13-1890974
(State or other jurisdiction of (Commission file number) (I.R.S. Employer
incorporation or organization) Identification No.)
Two Paragon Drive
Montvale, New Jersey 07645
(Address of principal executive offices)
(201) 573-9700
(Registrant's telephone number,
including area code)
Not Applicable
(Former name or former address, if changed since last report)
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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)
__ 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 3.01
On August 11, 2005, The Great Atlantic & Pacific Tea Company, Inc. (the
"Company") timely submitted to the New York Stock Exchange ("NYSE") an Annual
Chief Executive Officer Certification indicating that the Chief Executive
Officer of the Company was not aware of any violation by the Company of the
NYSE's corporate governance listing standards. In addition, the Company included
as exhibits to its annual report on Form 10-K for the fiscal year ended February
25, 2006 filed on May 9, 2006 certifications of the Company's Chief Executive
Officer and Chief Financial Officer certifying the quality of the Company's
public disclosure. The Company inadvertently omitted from its 2005 annual report
to shareholders, however, a statement required by corporate governance listing
standard 303A.12(a) of the NYSE that the Chief Executive Officer Certification
was timely submitted to the NYSE and the certifications regarding public
disclosure were filed with the Company's most recent 10-K.
On August 8, 2006, the Company advised the NYSE of this inadvertent omission. On
the same date, the NYSE verbally advised the Company that the Company could cure
this deficiency by filing a Current Report on Form 8-K containing the required
disclosure. The required disclosure appears under Item 8.01 of this Report and
is incorporated into this Item 3.01 by reference. The Company will include the
required disclosure in future annual reports.
Item 8.01
The Company has included as exhibits to its annual report on Form 10-K for the
fiscal year ended February 25, 2006, which was filed with the Securities and
Exchange Commission, certifications of the Company's Chief Executive Officer and
Chief Financial Officer certifying the quality of the Company's public
disclosure. On August 11, 2005, the Company timely submitted to the NYSE an
Annual Chief Executive Officer Certification indicating that the Chief Executive
Officer of the Company was not aware of any violation by the Company of the
NYSE's corporate governance listing standards. Such certification was
unqualified.
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.
Dated: August 14, 2006
THE GREAT ATLANTIC & PACIFIC
TEA COMPANY, INC.
/s/ Allan Richards
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Allan Richards, Sr. Vice President,
Human Resources, Labor Relations
Legal Services & Secretary