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): August 12, 2005
HERITAGE
COMMERCE CORP
(Exact
name of registrant as specified in its charter)
|
California
|
000-23877
|
77-0469558
|
|
(State
or other jurisdiction of incorporation)
|
(Commission
File Number)
|
(IRS
Employer Identification No.)
|
|
150
Almaden Boulevard, San Jose, California
|
95113
|
|
(Address
of principal executive offices)
|
(Zip
Code)
|
|
Registrant’s
telephone number, including area code: (408)
947-6900
|
|
Not
Applicable
|
|
(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):
oWritten
communications
pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
oSoliciting
material
pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
oPre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
oPre-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
A. Heritage
Commerce Corp. (the “Company”) has entered into an amendment to an existing
lease arrangement for approximately 12,824 square feet on the third floor
of its
principal offices located at 150 Almaden Boulevard in San Jose, California.
Under the terms of the amendment, the term of the lease is extended to May
31,
2015. The monthly rent was reduced to a monthly rate of $27,058 for the period
of August 1, 2005 through July 31, 2006 (subject to abatement for the period
of
August 1, 2005 through November 30, 2005) and, thereafter, is subject to
annual
increases. The amendment also modifies certain provisions relating to operating
costs and rights of the Company to extend the term of the lease for two (2)
additional five (5) year periods. A copy of the amendment is attached to
this
Form 8-K as Exhibit 10.1 and is incorporated herein by reference.
B. The
Company has entered into an amendment to its existing lease arrangement for
approximately 1,255 square feet of office space (referred to as the Kiosk)
located next to the primary operating area at 150 Almaden Boulevard in San
Jose,
California. Under the amendment, the term of the lease is extended to May
31,
2015, and the monthly rent was reduced to $2,648.05 for the period of August
1,
2005 through July 31, 2006 (subject to abatement for the period of August
1,
2005 and ending on November 30, 2005), and, thereafter, is subject to annual
increases. The amendment also modifies certain provisions relating to operating
costs and rights of the Company to extend the term of the lease to two (2)
additional five (5) year periods. A copy of the amendment is attached as
Exhibit
10.2 and is incorporated herein by reference.
ITEM
9.01 - Financial
Statements and Exhibits
(C) Exhibits
| |
10.1
|
Third
Amendment to Lease for certain space located at Registrant’s Principal
Offices
|
| |
10.2
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Fourth
Amendment to Lease for certain space located at Registrant’s Principal
Offices
|
SIGNATURES
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.
DATED:
August 17, 2005
HERITAGE
COMMERCE CORP
By:
/s/ Lawrence
D. McGovern
Lawrence D.
McGovern
Executive
Vice President and Chief
Financial Officer