Document

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): January 25, 2017
Preferred Apartment Communities, Inc.
(Exact Name of Registrant as Specified in its Charter)
paca03.jpg
Maryland
001-34995
27-1712193
(State or other Jurisdiction
of Incorporation)
(Commission File Number)
(I.R.S. Employer
Identification No.)

3284 Northside Parkway NW, Suite 150, Atlanta, Georgia
30327
(Address of Principal Executive Offices)
(Zip Code)

Registrant's telephone number, including area code:  (770) 818-4100

 
(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:
[ ]
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.

First Amendment to Sixth Amended and Restated Agreement of Limited Partnership of Preferred Apartment Communities Operating Partnership, L.P.

On January 25, 2017, Preferred Apartment Communities, Inc. (the "Company"), as general partner, executed the First Amendment (the "Amendment") to the Sixth Amended and Restated Agreement of Limited Partnership of Preferred Apartment Communities Operating Partnership, L.P. (the "Partnership"). The Amendment amends the Sixth Amended and Restated Agreement of Limited Partnership of the Partnership, dated as of June 3, 2016, among the Company, Preferred Apartment Advisors, LLC, a Delaware limited liability company, and the limited partners party thereto.

The Amendment adds a new class of partnership unit designated as a Series M Redeemable Preferred Unit of the Partnership to correspond to the Company's Series M Redeemable Preferred Stock, $0.01 par value per share, for which articles supplementary were previously filed with the Registration Statement on Form S-3 (Registration No. 333-214531) filed by the Company with the Securities and Exchange Commission on November 9, 2016.

The foregoing summary of the Amendment is qualified in its entirety by reference to the Amendment, a copy of which is filed as Exhibit 10.1 to this Current Report on Form 8-K and incorporated by reference herein.


Item 9.01    Financial Statements and Exhibits.

(d)    Exhibits.

Exhibit
Number

Description

10.1
First Amendment to the Sixth Amended and Restated Agreement of Limited Partnership of Preferred Apartment Communities Operating Partnership, L.P. entered into as of January 25, 2017 by Preferred Apartment Communities, Inc., as general partner.




SIGNATURE

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

 
PREFERRED APARTMENT COMMUNITIES, INC.
(Registrant)

Date: January 26, 2017
By:
 /s/ Jeffrey R. Sprain
 
 
Jeffrey R. Sprain
 
 
Senior Vice President, General Counsel and Secretary