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): February 8, 2005
(February 3, 2005)
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SYMS CORP
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(Exact name of Registrant as Specified in its Charter)
New Jersey
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(State or other Jurisdiction of Incorporation)
1-8546 22-2465228
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(Commission File Number) (IRS Employer Identification No.)
Syms Way, Secaucus, NJ 07094
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(Address of Principal Executive Offices) (Zip Code)
(201) 902-9600
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(Registrant's Telephone Number, Including Area Code)
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(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):
[ ] Written communications pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
[ ] 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))
Item 1.01 Entry into a Material Definitive Agreement
On February 3, 2005, Syms Corp, a New Jersey corporation (the "Company"),
entered into a contract of sale (the "Agreement") with Seitz Group, Inc., a
Texas corporation (the "Purchaser"), pursuant to which, among other things, the
Company has agreed to sell to the Purchaser, for an aggregate purchase price of
$13,500,000, certain real property in Dallas, Texas and the buildings and
improvements on such property, including the building currently the site of the
Company's Dallas store.
The Agreement is subject to a 180-day due diligence period, during which
time the Purchaser shall have the opportunity to conduct a evaluation of the
site. Additionally, the Purchaser's obligation to consummate the acquisition is
subject to and conditioned upon the Company performing certain conditions
precedent. The Company is not required to vacate the site until the ninetieth
day following the closing. A copy of the Agreement is attached hereto as Exhibit
99.1
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SIGNATURE
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 thereunto duly authorized.
SYMS CORP
By: /s/ Antone F. Moreira
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Name: Antone F. Moreira
Title: Vice President, Chief Financial
Officer
Date: February 8, 2005
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EXHIBIT INDEX
Exhibit Number Description
99.1 Contract of Sale, dated as of February 3, 2005, between
Syms Corp and Seitz Group, Inc.
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