1 As filed with the Securities and Exchange Commission on April 13, 1998 ================================================================================ 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): APRIL 6, 1998 ERP OPERATING LIMITED PARTNERSHIP (EXACT NAME OF REGISTRANT AS SPECIFIED IN CHARTER) ILLINOIS 0-24920 36-3894853 (STATE OR OTHER JURISDICTION (COMMISSION FILE NUMBER) (I.R.S. EMPLOYER OF INCORPORATION OR ORGANIZATION) IDENTIFICATION NO.) TWO NORTH RIVERSIDE PLAZA, SUITE 400 CHICAGO, ILLINOIS 60606 (ADDRESS OF PRINCIPAL EXECUTIVE OFFICES) (ZIP CODE) Registrant's telephone number, including area code: (312) 474-1300 NOT APPLICABLE (FORMER NAME OR FORMER ADDRESS, IF CHANGED SINCE LAST REPORT) ================================================================================ 2 ITEM 7. Financial Statements, Pro forma Financial Information and Exhibits Exhibit Number Exhibit - ------- ------- 1 Form of Terms Agreement dated April 6, 1998 which is being filed pursuant to Regulation S-K, Item 601(b)(1) as an exhibit to the Registrant's registration statement on Form S-3, file no. 333-45557, under the Securities Act of 1933, as amended, and which, as this Form 8-K filing is incorporated by reference in such registration statement, is set forth in full in such registration statement; the Form of Terms Agreement incorporates the terms and provisions of the Purchase Agreement dated December 13, 1994, among Merrill Lynch & Co., Merrill Lynch, Pierce, Fenner & Smith Incorporated and ERP Operating Limited Partnership, the form of which was previously filed as Exhibit 1 to the Registrant's registration statement on Form S-3, file no. 333-84892 under the Securities Act of 1933, as amended, and is incorporated herein by reference thereto and, as this Form 8-K filing is incorporated by reference in registration statement no. 333-45557, such Purchase Agreement terms are set forth in full in such registration statement. 5 Opinion of Rosenberg & Liebentritt, P.C., which is being filed pursuant to Regulation 601(b)(5) as an exhibit to the Registrant's registration statement on Form S-3, file no. 333-45557, under the Securities Act of 1933, as amended, and which, as this Form 8-K filing is incorporated by reference in such registration statement, is set forth in full in such registration statement. 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. ERP OPERATING LIMITED PARTNERSHIP By: EQUITY RESIDENTIAL PROPERTIES TRUST, its general partner Date: April 13, 1998 By: /s/ Bruce C. Strohm -------------------------------------- Bruce C. Strohm, Secretary, Executive Vice President and General Counsel - 2 -