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
Date of Report (Date of earliest event reported): August 17, 2009
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CAPE BANCORP, INC.
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(Exact Name of Registrant as Specified in its Charter)
Maryland 001-33934 26-1294270
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(State or Other Jurisdiction) (Commission File No.) (I.R.S. Employer
of Incorporation) Identification No.)
225 North Main Street, Cape May Courthouse, New Jersey 08210
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(Address of Principal Executive Offices) (Zip Code)
Registrant's telephone number, including area code: (609) 465-5600
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Not Applicable
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(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 obligation of the registrant under any of the
following provisions (see General Instruction A.2. below):
[ ] 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))
Item 1.02 Termination of a Material Definitive Agreement
On August 17, 2009, the Registrant terminated the Agreement, dated February
9, 2009, by and among the Registrant, James J. Lynch ("Lynch"), and Patriot
Financial Partners, L.P. ("Patriot"), a private equity fund which owns
approximately 6.6% of the Registrant's common stock. Lynch, who is a general
partner and principal of Patriot, is, and remains, a director of the Registrant
and of Cape Bank, the Registrant's wholly owned savings bank subsidiary (the
"Bank").
The terms of the Agreement were previously disclosed in, and the Agreement
was filed as an exhibit to, the Registrant's Current Report on Form 8-K, filed
with the Securities and Exchange Commission on February 10, 2009.
The parties determined that the Agreement was no longer necessary and, as a
result, mutually agreed to its termination. There were no penalties incurred by
the Registrant as a result of the termination of the Agreement.
Item 7.01 Regulation FD Disclosure
On July 21, 2009, the Bank received non-objection from the Office of Thrift
Supervision, the Bank's primary federal regulator, to make a capital
distribution in an amount of $4.0 million to the Registrant. If and when
received, the Registrant would be permitted to use the capital distribution
funds to pay dividends to its shareholders, to repurchase shares of its common
stock, or for any other general corporate purpose.
Item 9.01. Financial Statements and Exhibits
(a) Financial Statements of Businesses Acquired. Not applicable
(b) Pro Forma Financial Information. Not Applicable
(c) Shell Company Transactions. Not Applicable
(d) Exhibits. Not applicable.
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.
CAPE BANCORP, INC.
DATE: August 19, 2009 By: /s/ Michael D. Devlin
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Michael D. Devlin
Chief Executive Officer