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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
November 15, 2005
Date of Report (Date of earliest event reported)
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 (I.R.S. Employer
incorporation or organization) file number) 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)
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 1.01. Entry into a Material Definitive Agreement.
On November 15, 2005, The Great Atlantic & Pacific Tea Company, Inc. (the
"Company") entered into a new credit agreement (the "Credit Agreement") among
the Company, certain Company subsidiaries as the other borrowers party thereto,
Bank of America, N.A. as administrative agent and collateral agent, JPMorgan
Chase Bank, N.A. as syndication agent, Wachovia Bank, National Association as
documentation agent and Banc of America Securities LLC as lead arranger. The
Credit Agreement is comprised of a five-year $150 million revolving credit
facility subject to borrowing base limitations and is secured by certain of the
Company's and certain of its subsidiaries assets, including inventory, certain
accounts receivable and the stock of certain subsidiaries. Borrowings under the
Credit Agreement bear interest based at LIBOR and Prime interest rate pricing.
A copy of the Credit Agreement is filed as Exhibit 9.01 to this report and
is incorporated herein by reference.
Item 9.01. Exhibits.
(c) Exhibits. The following exhibit is filed herewith:
Exhibit No. Description
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4.1 Credit Agreement dated as of November 15, 2005 between The Great
Atlantic & Pacific Tea Company, Inc. and Bank of America, N.A. as
Administrative Agent and Collateral Agent, JPMorgan Chase Bank,
N.A. as Syndication Agent, Wachovia Bank, National Association as
Documentation Agent and Banc of America Securities LLC as Lead
Arranger.
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.
Dated: November 15, 2005
THE GREAT ATLANTIC & PACIFIC TEA
COMPANY, INC.
By: /s/ Brenda M. Galgano
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Name: Brenda M. Galgano
Title: Senior Vice President and
Chief Financial Officer
EXHIBIT INDEX
Exhibit No. Description
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4.1 Credit Agreement dated as of November 15, 2005 between The Great Atlantic &
Pacific Tea Company, Inc. and Bank of America, N.A. as Administrative Agent
and Collateral Agent, JPMorgan Chase Bank, N.A. as Syndication Agent,
Wachovia Bank, National Association as Documentation Agent and Banc of
America Securities LLC as Lead Arranger.