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 13, 2006 ----------------------------------------------------------------- BRT REALTY TRUST ---------------- (Exact name of Registrant as specified in charter) Massachusetts 001-07172 13-2755856 --------------------------------------------------------------------- (State or other (Commission file No.) (IRS Employer jurisdiction of I.D. No.) incorporation) 60 Cutter Mill Road, Suite 303, Great Neck, New York 11021 ------------------------------------------------------------------- (Address of principal executive offices) (Zip code) Registrant's telephone number, including area code 516-466-3100 ------------ 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 January 13, 2006, the index system utilized for quoting the 30-day LIBOR rate for registrant's $150 million revolving credit facility with North Fork Bank, Valley National Bank, Merchants Bank Division, Signature Bank and Manufacturers and Traders Trust Company, was changed from the Telerate screen to the Bloomberg system. Reference is made to our Current Report on Form 8-K filed with the Securities and Exchange Commission on January 11, 2006, which reports the entry by the registrant into the $150 million revolving credit facility. Item 9.01. Financial Statements and Exhibits. (a) Financial Statements of Businesses Acquired. Not applicable. (b) Pro Forma Financial Information. Not applicable. (c) Exhibits. 10.1 Letter, dated January 13, 2006, by North Fork Bank to BRT Realty Trust. 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. BRT REALTY TRUST Date: January 16, 2006 By: /s/ Simeon Brinberg ------------------------- Simeon Brinberg Senior Vice President and Secretary EXHIBIT 10.1 North Fork Bank January 13, 2006 Mr. David W. Kalish Senior Vice President BRT Realty Trust 60 Cutter Mill Road Suite 303 Great Neck, New York 11021 RE: Change in LIBOR quote index Dear Mr. Kalish: In connection with the recently approved $150,000,000 revolving credit facility extended to BRT, North Fork Bank hereby elects to change the index system utilized for quoting the 30-day LIBOR rate from the Telerate Screen to the Bloomberg system in an effort to provide more efficient and timely quoting. Your cooperation in this matter is greatly appreciated. Sincerely, /s/ Zachary Bermudez -------------------- Zachary Bermudez Assistant Vice President /s/ Walter Malek -------------------- Walter Malek Senior Vice President 275 BROADHOLLOW ROAD, MELVILLE, NY 11747, 631.844.1000, FAX 631.694.1536