Great Atlantic & Pacific Tea Company 10-K 2009
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
(Amendment No. 1)
ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934
For the fiscal year ended February 28, 2009
Commission file number 001-04141
THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC.
(Exact name of registrant as specified in its charter)
2 Paragon Drive
Montvale, New Jersey 07645
(Address and telephone number, including area code, of registrants principal executive offices)
Securities Registered Pursuant to Section 12(b) of the Act:
Securities Registered Pursuant to Section 12(g) of the Act:
Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes o No þ
Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. Yes o No þ
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes þ No o
Indicate by check mark whether the Registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§ 232.405) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files). Yes o No o
Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and will not be contained, to the best of registrants knowledge, in any definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K. o
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer or a smaller reporting company. See definition of accelerated filer, large accelerated filer and smaller reporting company in Rule 12b-2 of the Exchange Act.
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Act.). Yes o No þ
The aggregate market value of the voting stock held by non-affiliates of the Registrant as of the close of business on September 6, 2008, the Registrants most recently completed fiscal quarter, was $451,554,924.
The number of shares of the registrants common shares outstanding as of the close of business on May 8, 2009 was 57,771,720.
DOCUMENTS INCORPORATED BY REFERENCE:
The information required by Part I, Items 1 and 3, and Part II, Items 5, 6, 7, 7A, 8 and 9A are incorporated by reference from the Registrants Fiscal 2008 Annual Report to Stockholders. The information required by Part III, Items 10, 11, 12, 13, and 14 are incorporated by reference from the Registrants Proxy Statement for the 2009 Annual Meeting of Stockholders.
TABLE OF CONTENTS
The Great Atlantic & Pacific Tea Company, Inc. (the Company) is filing this amendment (the Amendment) to its Annual Report on Form 10-K for the year ended February 28, 2009, initially filed on May 12, 2009 (the Original Form 10-K), to (i) revise the cover page of the Original Form 10-K with respect to the Companys status as a well-known seasoned issuer and the securities of the Company which are registered pursuant to Section 12(b) of the Act, (ii) file with this Amendment certain exhibits unintentionally omitted from the Original Form 10-K (either filed herewith or incorporated by reference) and (iii) update the exhibit index in Item 15 of Part IV with respect to the newly filed exhibits and revise the description of certain exhibits incorporated by reference.
Except as described above, no other amendments are being made to the Original Form 10-K. This Form 10-K/A does not reflect events occurring after May 12, 2009, which is the filing date of the Original Form 10-K or modify or update the disclosures contained in the Annual Report in any way other than as required to reflect the amendment discussed above. Accordingly, this Amendment should be read in conjunction with the Original Form 10-K and the Companys other filings with the Securities and Exchange Commission. This Amendment consists solely of the preceding cover page, this explanatory note, Item 15(a)(3) of Part IV, the signature page and the certifications required to be filed as exhibits to this Amendment.
ITEM 15. EXHIBITS AND FINANCIAL STATEMENT SCHEDULES
The following are filed as Exhibits to this Report:
Pursuant to the requirements of Section 13 or 15(d) 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: July 23, 2009