ap8k_102009.htm
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
October
19, 2009
Date of
Report (Date of earliest event reported)
THE
GREAT ATLANTIC & PACIFIC TEA COMPANY, INC.
(Exact
name of registrant as specified in its charter)
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Maryland
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1-4141
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13-1890974
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(State
or other jurisdiction of
incorporation
or organization)
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(Commission
file number)
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(I.R.S.
Employer
Identification
No.)
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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
5.02.
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Departure
of Directors or Certain Officers; Election of Directors: Appointment
of Certain Officers; Compensatory Arrangements of Certain
Officers.
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On
October 19, 2009, Mr. Eric Claus, President and Chief Executive Officer of The
Great Atlantic & Pacific Tea Company, Inc. (the “Company”), was separated
from the Company effective immediately. The Company has commenced a
search for a successor and in the interim, Mr. Christian Haub, Executive
Chairman of the Board of Directors of the Company (the "Board"), will reassume
the Chief Executive Officer responsibilities, a position he previously held from
1998 until 2005.
Mr. Haub,
age 44, is and has been a member of the Board since December 3,
1991. Mr. Haub has served as Executive Chairman since August 15,
2005. Prior thereto Mr. Haub served as Chief Executive Officer of the
Company since May 1, 1998 and Chairman of the Board since May 1, 2001. In
addition, Mr. Haub also served as President of the Company from December 7, 1993
through February 24, 2002, and from November 4, 2002 through November 15,
2004. Mr. Haub is a partner and Co-CEO of Tengelmann
Warenhandelsgesellschaft KG. Mr. Haub is a member of the Board of
Directors of Metro, Inc., Montreal, Quebec, Canada, and is on the board of
trustees of St. Joseph’s University in Philadelphia,
Pennsylvania. The Company has previously disclosed the transactions
in which Mr. Haub has an interest that require disclosure under Item 404(a) of
Regulation S-K under the caption “Certain Relationships and Transaction” in its
Proxy Statement on Schedule 14A, filed with the Securities and Exchange
Commission (the “SEC”) on May 29, 2009 and the caption “Transactions with
Related Parties” in its Proxy Statement on Schedule 14A, filed with the SEC on
September 1, 2009. These documents may be accessed through the SEC’s
website at www.sec.gov.
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: October
20, 2009
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THE
GREAT ATLANTIC & PACIFIC TEA COMPANY, INC.
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By: /s/ Christopher W.
McGarry
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Name: Christopher W. McGarry
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Title: Senior Vice President and General
Counsel
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