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):  July 21, 2003

 

 

NEW PLAN EXCEL REALTY TRUST, INC.

(Exact name of registrant as specified in its charter)

 

Maryland

 

1-12244

 

33-0160389

(State or other jurisdiction
of incorporation)

 

(Commission
File Number)

 

(IRS Employer
Identification Number)

 

 

 

 

 

1120 Avenue of the Americas, 12th Floor
New York, New York

 

10036

(Address of principal executive offices)

 

(Zip Code)

 

 

 

Registrant’s telephone number, including area code:

(212) 869-3000

 

Not applicable

(Former name or former address, if changed since last report)

 

 

 

Item 5.                                                           Other Events

 

On July 21, 2003, New Plan Excel Realty Trust, Inc. (the “Company”) entered into a Standby Equity Distribution Agreement (the “Agreement”) with BNY Capital Markets, Inc. (“BNYCMI”).  Under the terms of the Agreement, the Company may offer and sell up to $50,000,000 of shares of its common stock from time to time through BNYCMI, as the Company’s agent for the offer and sale of the shares.  A copy of the Agreement is filed as an exhibit to this report.

 

Item 7.                                                           Exhibits

 

The following exhibits are filed as part of this report and are expressly incorporated herein by reference:

 

1.1                                                                                 Standby Equity Distribution Agreement, dated as of July 21, 2003, by and between the Company and BNYCMI (the “Agreement”).

 

5.1                                                                                 Opinion of Hogan & Hartson L.L.P. regarding the legality of the shares related to the Agreement.

 

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SIGNATURE

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the Company has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

NEW PLAN EXCEL REALTY TRUST, INC.

 

 

 

 

 

 

Date: July 21, 2003

By:

/s/ Steven F. Siegel

 

 

Steven F. Siegel

 

 

Executive Vice President, General Counsel
and Secretary

 

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EXHIBIT INDEX

 

Exhibit

 

Document

 

 

 

1.1

 

Standby Equity Distribution Agreement, dated as of July 21, 2003, by and between the Company and BNYCMI (the “Agreement”).

 

 

 

5.1

 

Opinion of Hogan & Hartson L.L.P. regarding the legality of the shares related to the Agreement.

 

4