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): September 30, 2016
CUBESMART
CUBESMART, L.P.
(Exact Name of Registrant as Specified in Charter)
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Maryland
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001-32324 |
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20-1024732 |
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Delaware
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000-54462 |
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34-1837021 |
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(State or Other Jurisdiction of Incorporation) |
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(Commission File Number) |
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(IRS Employer Identification Number) |
5 Old Lancaster Road, Malvern, Pennsylvania 19355
(Address of Principal Executive Offices)
(610) 535-5000
(Registrant’s telephone number, including area code)
Not Applicable
(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 Instruction A.2. below):
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
On September 30, 2016, CubeSmart (the “Company”) entered into the first amendment to employment agreement (the “Amendment”), with Christopher P. Marr, President and Chief Executive Officer of the Company. The Amendment modifies the employment agreement, effective as of January 1, 2014, between the Company and Mr. Marr (the “Employment Agreement”) to change the definition of “Good Reason” therein to extend the time period that the Company has to adopt a separation or severance plan applicable to Mr. Marr to December 1, 2016 (from October 1, 2016). The other terms and conditions of the Employment Agreement remain in full force and effect.
The foregoing description of the Amendment does not purport to be complete and is subject to, and qualified in its entirety by, the full text of the Amendment, a copy of which is being filed hereto as Exhibit 99.1, and which is incorporated herein by reference.
Item 9.01 Financial Statements and Exhibits.
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Exhibit No. |
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Description |
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99.1 |
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First Amendment to Executive Employment Agreement, dated as of September 30, 2016, by and between CubeSmart and Christopher P. Marr.
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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.
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CUBESMART |
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Date: September 30, 2016 |
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/s/ Jeffrey P. Foster |
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Name: |
Jeffrey P. Foster |
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Title: |
Senior Vice President, Chief Legal Officer & Secretary
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CUBESMART, L.P. |
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By: |
CubeSmart, its general partner
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Date: September 30, 2016 |
By: |
/s/ Jeffrey P. Foster |
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Name: |
Jeffrey P. Foster |
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Title: |
Senior Vice President, Chief Legal Officer & Secretary
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EXHIBIT INDEX
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Exhibit No. |
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Description |
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99.1 |
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First Amendment to Executive Employment Agreement, dated as of September 30, 2016, by and between CubeSmart and Christopher P. Marr.
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Exhibit 99.1
CHRISTOPHER P. MARR
FIRST AMENDMENT TO
EXECUTIVE EMPLOYMENT AGREEMENT
THIS FIRST AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT (this “ Amendment ”) is dated as of September 30, 2016 by and between CUBESMART, a Maryland real estate investment trust (the “ Company ”), and Christopher P. Marr (the “ Executive ”).
WHEREAS, the Company and the Executive entered into an Executive Employment Agreement effective January 1, 2014 (the “ Agreement ”); and
WHEREAS, the Company and the Executive desire to amend the Agreement upon the terms and conditions set forth below.
NOW, THEREFORE, the parties hereto agree as follows:
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1. Capitalized Terms . Capitalized terms not otherwise defined in this Amendment shall have the meaning ascribed to such term in the Agreement. |
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2. Good Reason . Section 5.2(f) is hereby amended and restated to read as follows: |
(f) the Company’s failure to adopt a separation or severance plan applicable to the Executive not later than December 1, 2016.
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3. Full Force and Effect . Except as specifically amended herein, the Agreement shall remain in full force and effect. To the extent of any inconsistency between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall supersede and control to the extent of such inconsistency. This Amendment shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. |
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4. Counterparts . This Amendment may be executed in counterparts each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. Facsimile transmission or pdf signatures of this Amendment shall be deemed to be original signatures. |
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year first above written.
/s/ Christopher P. Marr
Christopher P. Marr
CubeSmart
By: /s/ William M. Diefenderfer III
William M. Diefenderfer III, Chairman
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