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): June 25, 2003 FIRST UNION REAL ESTATE EQUITY AND MORTGAGE INVESTMENTS (Exact name of registrant as specified in its charter) Ohio (State or Other Jurisdiction of Incorporation) 001-06249 34-6513657 (Commission File Number) (I.R.S. Employer Identification No.) 125 Park Avenue New York, NY 10017 (Address of principal executive offices, including ZIP code) (212) 949-1373 (Registrant's telephone number, including area code) Not Applicable (Former name or former address, if changed since last report) ITEM 5. OTHER EVENTS AND REQUIRED FD DISCLOSURE The registrant issued a press release in which it announced that it and Gotham Golf Corp. ("Gotham") entered into an agreement terminating the proposed merger of First Union into Gotham. The proposed merger has been enjoined by an order of the New York State Supreme Court for New York County which has been appealed by both the registrant and Gotham Partners. Under the terms of the agreement, the registrant paid a $2.4 million termination payment and has purchased all of the 5,841,233 common shares owned by Gotham and its affiliates at a price of $1.90 per share. As part of the transaction, the parties exchanged mutual releases. The registrant indicated that it was not pursuing, and has no present intention of pursuing, an alternative transaction to it's terminated merger with Gotham. The registrant intends to continue its operations as a real estate investment trust (REIT) and has indicated that it has no present intention of liquidating. ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL STATEMENTS, AND EXHIBITS 99.1 Press Release, dated June 27, 2003, issued by First Union Real Estate Equity and Mortgage Investments. 99.2 Settlement, Termination and Standstill Agreement, dated as of June 25, 2003. 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 thereunto duly authorized. Date: June 27, 2003 FIRST UNION REAL ESTATE EQUITY AND MORTGAGE INVESTMENTS By: /s/ NEIL H. KOENIG ---------------------------- Name: Neil H. Koenig Title: Interim Chief Financial Officer EXHIBIT LIST Exhibit No. Description - ------- ----------- 99.1 Press Release, dated June 27, 2003, issued by First Union Real Estate Equity and Mortgage Investments. 99.2 Settlement, Termination and Standstill Agreement, dated as of June 25, 2003.