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Published on 7/16/2007 in the Prospect News Special Situations Daily.

A&P, Pathmark report compliance with FTC request

By Lisa Kerner

Charlotte, N.C., July 16 - The Great Atlantic & Pacific Tea Co., Inc. and Pathmark Stores, Inc. submitted certifications of substantial compliance to the Federal Trade Commission in response to the agency's second request. The companies had entered into a timing agreement with the FTC.

On March 5, A&P entered into a definitive agreement to acquire Pathmark for $1.3 billion in cash, stock and debt. Pathmark shareholders will receive $9 in cash and 0.12963 of an A&P share for each Pathmark share.

As previously reported, the transaction, which includes a one-year termination fee of $50 million, will result in a 550-store, $11 billion supermarket chain. Both companies' boards have unanimously approved the deal, which was expected to close in the second half of 2007.

A&P is based in Montvale, N.J., and operates 410 supermarkets in nine states and the District of Columbia.

Pathmark is a 141-store supermarket chain based in Carteret, N.J.


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