UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K/A
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): November 7, 2006
Trustreet Properties, Inc.
(Exact name of registrant as specified in its charter)
| Maryland | 1-13089 | 75-2687420 | ||
| (State or other jurisdiction of incorporation) |
(Commission File Number) | (IRS Employer Identification No.) |
| 450 South Orange Avenue Orlando, Florida |
32801 | |
| (Address of principal executive offices) | (Zip Code) |
Registrant’s telephone number, including area code (407) 540-2000
(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) |
| þ | 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)) |
On November 7, 2006, Trustreet Properties, Inc., a Maryland corporation (the “Company”), furnished a Form 8-K (the “8-K”) for the purpose of providing, under Items 2.02 and 9.01, the Company’s results of operations and financial condition and a press release reporting such financial results for the quarter ended September 30, 2006.
This Form 8-K/A is being furnished to amend the press release that was previously issued that inadvertently omitted certain cautionary language relating to the anticipated filing of a proxy statement. In accordance with the applicable rules of the Securities and Exchange Commission (the “SEC”), the Company is refurnishing Items 2.02 and 9.01 and Exhibit 99.1 in their entirety.
| Item 2.02. | Results of Operations and Financial Condition |
The following information, including the exhibit attached hereto, is being furnished to the Securities and Exchange Commission under Item 2.02 – Results of Operations and Financial Condition and shall not be deemed “filed” for any purpose, including for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). The information, including the exhibit attached hereto, shall not be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent expressly provided by specific reference in such a filing.
On November 7, 2006, Trustreet Properties, Inc. issued a press release to report its financial results for the quarter ended September 30, 2006. The release is furnished as Exhibit 99.1 hereto.
| Item 9.01 | Financial Statements and Exhibits |
| (a) | Not applicable. |
| (b) | Not applicable. |
| (c) | Not applicable. |
| (d) | Exhibits |
| 99.1 | Press Release dated November 7, 2006, of Trustreet Properties, Inc. |
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 hereunto duly authorized.
| Date: November 8, 2006 |
TRUSTREET PROPERTIES, INC. | |||||||
| By: |
/s/ STEVEN D. SHACKELFORD | |||||||
| Steven D. Shackelford | ||||||||
| Chief Financial Officer | ||||||||
EXHIBIT INDEX
| Exhibit No. | Description | |
| 99.1 | Press Release dated November 7, 2006, of Trustreet Properties, Inc. | |