Great Atlantic & Pacific Tea Company 10-Q 2007
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
(Amendment No. 1)
Commission file number: 1-4141
THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC.
(Exact name of registrant as specified in its charter)
2 Paragon Drive
Montvale, New Jersey 07645
(Address of principal executive offices) (Zip Code)
(Registrant’s telephone number, including area code)
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 x NO o
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, or a non-accelerated filer. See definition of “accelerated filer and large accelerated filer” in Rule 12b-2 of the Exchange Act. (check one)
Large accelerated filer o Accelerated filer x Non-accelerated filer o
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). YES o NO x
As of October 11, 2005, the registrant had a total of 40,838,237 shares of common stock - $1 par value outstanding.
The Great Atlantic & Pacific Tea Company, Inc. (the “Company”) is filing this Amendment No. 1 to its Quarterly Report on Form 10-Q for the quarter ended September 10, 2005 (the “Form 10-Q”) as an exhibit-only filing in response to comments received from the Securities and Exchange Commission Staff regarding a confidential treatment application the Company made for certain portions of Exhibits 10.38 and 10.39 to the Form 10-Q. This Amendment No. 1 to the Form 10-Q is being filed solely to amend Item 6(a) to re-file such exhibits. The re-filed exhibits disclose portions that had previously been redacted pursuant to the Company’s application for confidential treatment. This Amendment No. 1 to the Form 10-Q does not reflect events occurring after the filing of the Form 10-Q or modify or update those disclosures affected by subsequent events. No other modifications or changes have been made to the Form 10-Q as originally filed or the exhibits filed therewith. Confidential treatment has been requested for the redacted portions of Exhibits 10.38 and 10.39 filed with this Amendment No. 1 to the Form 10-Q pursuant to an application for confidential treatment made under Rule 24-b2 under the Securities Exchange Act of 1934. Complete copies of these agreements, including the redacted portions, have been and filed separately with the Securities and Exchange Commission.
Item 6. Exhibits
(a) Exhibits required by Item 601 of Regulation S-K
Pursuant to 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.