1 SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 ----------------------------------- FORM 8-K PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of report: DECEMBER 5, 1997 (Date of earliest event reported) (December 2, 1997) ESSEX PROPERTY TRUST, INC. (Exact name of Registrant as Specified in its Charter) MARYLAND (State or Other Jurisdiction of Incorporation) 1-13106 (Commission File Number) 77-0369576 (IRS Employer Identification No.) 777 CALIFORNIA AVENUE PALO ALTO, CA 94304 (650) 494-3700 (Address, Including Zip Code, and Telephone Number, Including Area Code, of Registrant's Principal Executive Offices) 2 Item 5. OTHER EVENTS. Essex Property Trust, Inc. (the "Company"), Essex Portfolio, L.P. and Merrill Lynch, Pierce, Fenner & Smith Incorporated, Donaldson, Lufkin & Jenrette Securities Corporation and Raymond James & Associates, Inc. have entered into a Purchase Agreement and a Pricing Agreement, each dated December 2, 1997, relating to the public offering of 1,500,000 shares of Common Stock of the Company and up to an additional 225,000 shares of Common Stock subject to an over-allotment option. The Purchase Agreement and the Pricing Agreement are attached hereto as exhibits. Item 7. FINANCIAL STATEMENTS AND EXHIBITS. (c) Exhibits. The exhibits listed in the accompanying Index to Exhibits are filed as part of this Current Report on Form 8-K. 2 3 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. ESSEX PROPERTY, INC. December 5, 1997 By: /s/ Mark J. Mikl ------------------------------ Mark J. Mikl Controller (Authorized Officer and Principal Accounting Officer) 3 4 EXHIBIT INDEX EXHIBIT DESCRIPTION - -------------------- ------------------------------------------------------------------- 1.1 Purchase Agreement dated December 2, 1997 by and among Essex Property Trust, Inc., Essex Portfolio, L.P. and Merrill Lynch, Pierce, Fenner & Smith Incorporated, Donaldson, Lufkin & Jenrette Securities Corporation, and Raymond James & Associates, Inc. 1.2 Pricing Agreement dated December 2, 1997 by and among Essex Property Trust, Inc., Essex Portfolio, L.P. and Merrill Lynch, Pierce, Fenner & Smith Incorporated, Donaldson, Lufkin & Jenrette Securities Corporation, and Raymond James & Associates, Inc.