UNITED STATES
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
Date of Report (Date of earliest event reported) April 25, 2013
MONMOUTH REAL ESTATE INVESTMENT CORPORATION
(Exact name of Registrant as specified in its charter)
MARYLAND 001-33177 22-1897375
(State or other jurisdiction (Commission (IRS Employer
of incorporation) File Number) Identification Number)
3499 Route 9N, Suite 3C, Freehold, NJ 07728
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code (732) 577-9996
(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 (see General Instructions A.2. below):
[ ] Written communications pursuant to Rule 425 under Securities Act (17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 142-12 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))
Item 1.01
Entry into a Material Definitive Agreement.
On April 25, 2013, the Company executed amendments to the employment agreements with Eugene W. Landy and Michael P. Landy. These amendments reflect the change in titles of Eugene W. Landy to Chairman of the Board and of Michael P. Landy to President and Chief Executive Officer. These amendments are effective as of April 9, 2013.
Item 9.01
Financial Statements and Exhibits.
(c) Exhibits.
99.1 Employment Agreement – Eugene W. Landy, dated April 25, 2013
99.2 Employment Agreement – Michael P. Landy, dated April 25, 2013
Page 2
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.
MONMOUTH REAL ESTATE INVESTMENT CORPORATION
/s/ Kevin S. Miller
KEVIN S. MILLER
Chief Financial and Accounting Officer
Date April 25, 2013
Page 3
FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT
This Fifth Amendment to Employment Agreement (“the Amendment”) is effective April 9, 2013 by and between MONMOUTH REAL ESTATE INVESTMENT CORPORATION, a Maryland corporation (the “Company”), and EUGENE W. LANDY, an individual (the “Employee”).
WHEREAS, the Corporation’s Board of Directors, at its meeting on April 9, 2013, voted to promote Michael P. Landy to the position of President and Chief Executive Officer of the Corporation,
NOW, THEREFORE, the following amendment is hereby added to the Employee’s Employment Agreement dated December 9, 1994, the Amendment to the Employment Agreement dated June 26, 1997, the Second Amendment to Employment Agreement dated November 5, 2003, the Third Amendment to Employment Agreement dated April 1, 2008, and the Fourth Amendment to Employment Agreement dated July 1, 2010 by and between the Company and the Employee (collectively, the “Agreement”).
1.
Employee’s title shall be and is hereby known as Chairman of the Board.
The Agreement is unchanged in all other respects.
SEAL :
MONMOUTH REAL ESTATE INVESTMENT CORPORATION
By: /s/ Steve Wolgin
Steve Wolgin,
Chairman, Compensation Committee
By: /s/ Eugene W. Landy
Eugene W Landy
Employee
Dated: April 25, 2013
MONMOUTH REAL ESTATE INVESTMENT CORPORATION
Amendment to Employment Agreement
Of Michael P. Landy
Effective April 9, 2013
BY AND BETWEEN:
Monmouth Real Estate Investment Corporation, a Maryland Corporation (“Corporation”)
AND:
Michael P. Landy (“Employee”)
WHEREAS, the Corporation’s Board of Directors, at its meeting on April 9, 2013, voted to promote the Employee to the position of President and Chief Executive Officer of the Corporation,
NOW THEREFORE, the Employee’s Employment Agreement effective January 1, 2012 (the “Agreement”) is amended as follows:
1.
Employee’s title shall be and is hereby known as President and Chief Executive Officer of the Corporation.
The Agreement is unchanged in all other respects.
MONMOUTH REAL ESTATE INVESTMENT CORPORATION
By: /s/ Steve Wolgin
Steve Wolgin
Chairman, Compensation Committee
(SEAL)
By: /s/ Michael P. Landy
Michael P. Landy
Employee
Dated: April 25, 2013