-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, I5va6Xj7SaSVMRjUwfFVM+QTrOCeXYdxuHrq/e7tvaWmpr5dG6ajRkoVgLolbg8n TAXQVohWMb0va6PBX6XFdw== 0001193125-09-055143.txt : 20090316 0001193125-09-055143.hdr.sgml : 20090316 20090316135649 ACCESSION NUMBER: 0001193125-09-055143 CONFORMED SUBMISSION TYPE: SC 13G PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20090316 DATE AS OF CHANGE: 20090316 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: SEQUENOM INC CENTRAL INDEX KEY: 0001076481 STANDARD INDUSTRIAL CLASSIFICATION: MEASURING & CONTROLLING DEVICES, NEC [3829] IRS NUMBER: 770365889 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G SEC ACT: 1934 Act SEC FILE NUMBER: 005-60383 FILM NUMBER: 09683586 BUSINESS ADDRESS: STREET 1: 3595 JOHN HOPKINS CT CITY: SAN DIEGO STATE: CA ZIP: 92121 BUSINESS PHONE: 8582029000 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: BROOKSIDE CAPITAL PARTNERS FUND LP CENTRAL INDEX KEY: 0001028348 IRS NUMBER: 043313066 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G BUSINESS ADDRESS: STREET 1: 111 HUNTINGTON AVENUE STREET 2: 617-516-2000 CITY: BOSTON STATE: MA ZIP: 02199 BUSINESS PHONE: 617-516-2000 MAIL ADDRESS: STREET 1: 111 HUNTINGTON AVENUE CITY: BOSTON STATE: MA ZIP: 02199 SC 13G 1 dsc13g.htm SCHEDULE 13G Schedule 13G

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

SCHEDULE 13G

(Rule 13d-102)

 

Information Statement Pursuant to Rules 13d-1 and 13d-2

Under the Securities Exchange Act of 1934

(Amendment No.     )*

 

SEQUENOM, INC.

(Name of Issuer)

Common Stock, par value $0.001 per share

(Title of Class of Securities)

817337405

(CUSIP Number)

3/5/2009

(Date of Event Which Requires Filing of this Statement)

Check the appropriate box to designate the rule pursuant to which this schedule is filed:

¨ Rule 13d-1(b)

x Rule 13d-1(c)

¨ Rule 13d-1(d)

*The remainder of this cover page shall be filled out for a reporting person’s initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page.

The information required on the remainder of this cover page shall not be deemed to be “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934 (“Act”) or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).

CUSIP No. 817337405   13G   Page 2 of 6 Pages

 

  1.  

NAMES OF REPORTING PERSON

 

            Brookside Capital Partners Fund, L.P.

    
  2.  

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP*

(a)  ¨

(b)  ¨

    
  3.  

SEC USE ONLY

 

    
  4.  

CITIZENSHIP OR PLACE OF ORGANIZATION

 

            Delaware

    

NUMBER OF  

SHARES  

BENEFICIALLY  

OWNED BY  

EACH  

REPORTING  

PERSON  

WITH  

  

  5.    SOLE VOTING POWER

 

                As of March 5, 2009 – 3,156,453 shares

                As of March 13, 2009 – 3,740,453 shares

 

  6.    SHARED VOTING POWER

 

                0

 

  7.    SOLE DISPOSITIVE POWER

 

                As of March 5, 2009 – 3,156,453 shares

                As of March 13, 2009 – 3,740,453 shares

 

8.    SHARED DISPOSITIVE POWER

 

                0

9.  

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON

 

            As of March 5, 2009 – 3,156,453 shares

            As of March 13, 2009 – 3,740,453 shares

    
10.  

CHECK IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES

 

   ¨
11.  

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)

 

            As of March 5, 2009 – 5.17%

            As of March 13, 2009 – 6.13%

    
12.  

TYPE OF REPORTING PERSON

 

            PN

    

 

Page 2 of 6 Pages

Item 1(a). Name of Issuer

The name of the issuer to which this filing on Schedule 13G relates is Sequenom, Inc.

 

Item 1(b). Address of Issuer’s Principal Executive Offices

The principal executive offices of the Company are located at 3595 John Hopkins Court, San Diego, CA 92121.

 

Item 2(a). Name of Person Filing

This Statement is being filed on behalf of Brookside Capital Partners Fund, L.P., a Delaware limited partnership (the “Brookside Fund”). Brookside Capital Investors, L.P., a Delaware limited partnership (“Brookside Investors”) is the sole general partner of the Brookside Fund. Brookside Capital Management, LLC, a Delaware limited liability company (“Brookside Management”), is the sole general partner of Brookside Investors. Mr. Domenic J. Ferrante is the sole managing member of Brookside Management.

 

Item 2(b). Address of Principal Business Office or, if none, Residence

The principal business address of each of the Brookside Fund, Brookside Investors, Brookside Management and Mr. Ferrante is 111 Huntington Avenue, Boston, Massachusetts 02199.

 

Item 2(c). Citizenship

Each of the Brookside Fund, Brookside Investors and Brookside Management is organized under the laws of the State of Delaware. Mr. Ferrante is a citizen of the United States.

 

Item 2(d). Title of Class of Securities

The class of equity securities of the Company to which this filing on Schedule 13G relates is Common Stock (“Common Stock”).

 

Item 2(e). CUSIP Number

The CUSIP number of the Company’s Common Stock is 817337405.

 

Item 3. If this statement is filed pursuant to §§ 240.13d-1(b) or 240.13d-2(b) or (c), check whether the person filing is a: Not applicable.

 

(a) ¨ Broker or dealer registered under section 15 of the Act (15 U.S.C. 78o).
(b) ¨ Bank as defined in section 3(a)(6) of the Act (15 U.S.C. 73c).
(c) ¨ Insurance company as defined in section 3(a)(19) of the Act (15 U.S.C. 78c).
(d) ¨ Investment company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8).
(e) ¨ An investment adviser in accordance with §13d-1(b)(1)(ii)(E).
(f) ¨ An employee benefit plan or endowment fund in accordance with §240.13d-1(b)(1)(ii)(F).
(g) ¨ A parent holding company or control person in accordance with §240.13d-1(b)(1)(ii)(G).
(h) ¨ A savings association as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813).
(i) ¨ A church plan that is excluded from the definition of an investment company under section 3(c)(14) of the Investment Company Act of 1940 (15 U.S.C. 80a-3).
(j) ¨ Group, in accordance with §240.13d-1(b)(1)(ii)(J).

 

Page 3 of 6 Pages

x If this statement is filed pursuant to §240.13d-1(c), check this box.

 

Item 4. Ownership

 

Item 4(a). Amount beneficially owned

As of the close of business on March 5, 2009, the Brookside Fund beneficially owned 3,156,453 shares of Common Stock. As of the close of business on March 13, 2009, the Brookside Fund beneficially owned 3,740,453 shares of Common Stock. The Brookside Fund acts by and through its general partner, Brookside Investors. Brookside Investors acts by and through its general partner, Brookside Management. Mr. Domenic J. Ferrante is the managing member of Brookside Management and thus is the controlling person of Brookside Management. No person other than the respective owner referred to herein of the Common Stock is known to have the right to receive or the power to direct the receipt of dividends from or the proceeds from the sale of such Common Stock.

 

Item 4(b). Percent of Class

As of the close of business on March 5, 2009, the Brookside Fund was the beneficial owner of 5.17% of the Common Stock of the Company. As of the close of business on March 13, 2009, the Brookside Fund was the beneficial owner of 6.13% of the Common Stock of the Company. The aggregate percentage of Common Stock reported owned by the Brookside Fund is based upon 60,977,461 shares of Common Stock outstanding, which is the total number of shares of Common Stock outstanding as of February 2, 2009, based on representations made in the Company’s Form 10-K filed March 12, 2009 with the Securities and Exchange Commission.

Item 4(c). Number of shares as to which such person has:

 

(i) sole power to vote or to direct the vote:   3,156,453 Shares as of March 5, 2009
  3,740,453 Shares as of March 13, 2009
(ii) shared power to vote or to direct the vote:   0
(iii) sole power to dispose or to direct the disposition of:   3,156,453 Shares as of March 5, 2009
  3,740,453 Shares as of March 13, 2009
(iv) shared power to dispose or to direct the disposition of:   0

 

Item 5. Ownership of Five Percent or Less of a Class

Not Applicable.

 

Item 6. Ownership of More than Five Percent on Behalf of Another Person

Not Applicable.

 

Item 7. Identification and Classification of the Subsidiary which Acquired the Security Being Reported on by the Parent Holding Company:

Not Applicable.

 

Page 4 of 6 Pages

Item 8. Identification and Classification of Members of the Group

Not Applicable.

 

Item 9. Notice of Dissolution of Group

Not Applicable.

 

Page 5 of 6 Pages

Item 10. Certification

By signing below, the undersigned certifies that, to the best of its knowledge and belief, the securities referred to above were not acquired and are not held for the purpose of or with the effect of changing or influencing the control of the issuer of the securities and were not acquired and are not held in connection with or as a participant in any transaction having that purpose or effect.

Dated: March 16, 2009

After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete, and correct.

 

BROOKSIDE CAPITAL PARTNERS FUND, L.P.
By:   /s/ Domenic J. Ferrante
 

Name: Domenic J. Ferrante

Title: Managing Director

 

Page 6 of 6 Pages

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