JERICHO, N.Y.--(BUSINESS WIRE)--
Getty Realty Corp. (NYSE-GTY) (the “Company”) announced today that Getty
Petroleum Marketing, Inc. (“Marketing”), the Company’s largest
tenant, has filed for Chapter 11 bankruptcy protection in U.S.
Bankruptcy Court, Southern District of New York. The Company had
previously disclosed that it had served Marketing with a formal notice
of termination of the Master Lease (the “Notice”) as a result of
Marketing’s nonpayment of November 2011 rent. Pursuant to the Notice,
the Company notified Marketing that it was terminating the Master Lease
and exercising its right to take possession of the premises underlying
the Master Lease effective December 12, 2011. The Company will continue
to protect its interests and pursue appropriate actions against
Marketing, seek possession of the unitary premises underlying the Master
Lease and pursue all other rights and remedies available to it. The
Company cannot provide any assurance regarding the ultimate resolution
of Marketing's bankruptcy.
David B. Driscoll, President and CEO of the Company commented, "We
welcome the fact that the process will now have structure and the
supervision of the Bankruptcy Court to protect the value of our estate.
We plan to continue our efforts to repossess our properties. Over time
we intend to reposition the portfolio of properties subject to the
Master Lease in order to maximize the value of the portfolio. We are
fortunate to have completed two acquisitions in 2011 that significantly
reduced our dependence on Marketing. These new portfolios as well as
other assets owned outside of the Master Lease continue to perform and
meet our expectations. Notwithstanding the filing by Marketing today, we
remain optimistic about the future of our Company.”
As a result of the foregoing developments, it is likely that the Company
will be required to increase the deferred rent receivable reserve,
record additional impairment charges, accrue for environmental
liabilities. It is also likely that the Company will incur significant
costs associated with proceedings against Marketing and a repositioning
of the Master Lease portfolio. The Company has not determined the
amounts of any such costs or potential adjustments to its financial
statements. These developments could materially adversely affect the
Company’s business, financial condition, revenues, operating expenses,
results of operations, liquidity, ability to pay dividends or stock
price.
For more information on the risks associated with the Company’s
relationship with Marketing, see the disclosure under the caption “Risk
Factors” in the Company’s Annual Report on Form 10-K for the fiscal year
ended December 31, 2010, the Company’s subsequent Quarterly Reports on
Form 10-Q and as updated by the Company’s subsequent periodic reports
filed under the Securities Exchange Act of 1934, as amended and the
Company’s other filings made with the Securities and Exchange Commission.
Getty Realty Corp. is the largest publicly-traded real estate investment
trust in the United States specializing in ownership, leasing and
financing of retail motor fuel and convenience store properties and
petroleum distribution terminals. The Company owns and leases
approximately 1,155 properties nationwide.
Certain statements in this press release may constitute “forward-looking
statements” within the meaning of the Private Securities Litigation
Reform Act of 1995. When the words “believes,” “intends,” “expects,”
“plans,” “projects,” “estimates” and similar expressions are used, they
identify forward-looking statements. Examples of these forward looking
statements include the Company’s statements of intentions regarding
pursue of its actions against Marketing, and the repositioning of the
portfolio subject of the Master Lease. These forward-looking statements
are based on management’s current beliefs and assumptions and
information currently available to management and involve known and
unknown risks, uncertainties and other factors which may cause the
actual results, performance or achievements of the Company to be
materially different from any future results, performance or
achievements expressed or implied by these forward-looking statements.
Information concerning factors that could cause the Company’s actual
results to differ materially from these forward-looking statements can
be found in our periodic reports filed with the Securities and Exchange
Commission. We undertake no obligation to publicly release revisions to
these forward-looking statements to reflect future events or
circumstances or reflect the occurrence of unanticipated events.
Getty Realty Corp.
Thomas J. Stirnweis, 516-478-5403
Source: Getty Realty Corp.