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EX-5.1 - EXHIBIT 5.1 - BRE PROPERTIES INC /MD/v358473_ex5-1.htm

 

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): October 31, 2013

 

BRE PROPERTIES, INC.

 (Exact name of registrant as specified in its charter)

 

Maryland   001-14306   94-1722214

(State or other jurisdiction

of incorporation)

 

(Commission

file number)

 

(I.R.S. employer

identification number)

 

525 Market Street, 4th Floor, San Francisco, CA 94105-2712

(Address of principal executive offices) (Zip code)

 

(415) 445-6530

(Registrant’s telephone number, including area code)

 

N/A

(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 8.01 Other Events.

 

On October 31, 2013, we filed with the Securities and Exchange Commission a prospectus supplement to the prospectus included in our existing shelf registration statement on Form S-3 (File No. 333-192031), or the Registration Statement. We filed this prospectus supplement in connection with the unsold shares of our common stock issuable pursuant to the separate Equity Distribution Agreements we entered into as of February 24, 2010. In connection with the filing of this prospectus supplement, we are filing as Exhibit 5.1 hereto an opinion of our counsel, Ballard Spahr LLP, regarding certain Maryland law issues.

 

Item 9.01 Financial Statements and Exhibits.

 

(d) Exhibits.

 

     

Exhibit

Number

  Description
   
5.1  

Opinion of Ballard Spahr LLP.

 

 

 
 

 

SIGNATURES

 

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.

 

         
    BRE Properties, Inc.
     
Date: October 31, 2013   By:  

/s/ Kerry Fanwick

    Name:   Kerry Fanwick
    Its:  

Executive Vice President, General Counsel

and Secretary

 

 

 
 

 

EXHIBIT INDEX

 

     

Exhibit

Number

  Description
   
5.1  

Opinion of Ballard Spahr LLP.