-----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, LksJszw//RUP7IPjEco0nF5WemybeEMjifsslp2RdSS5Ifa0iak5lCOm9alIvacc yCEPAtEH9iCiXBBos85Dnw== 0001140361-03-002433.txt : 20030711 0001140361-03-002433.hdr.sgml : 20030711 20030711152037 ACCESSION NUMBER: 0001140361-03-002433 CONFORMED SUBMISSION TYPE: SC 13D/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20030711 GROUP MEMBERS: DON C. WHITAKER JR. SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: MM COMPANIES INC CENTRAL INDEX KEY: 0001079786 STANDARD INDUSTRIAL CLASSIFICATION: PHONOGRAPH RECORDS & PRERECORDED AUDIO TAPES & DISKS [3652] IRS NUMBER: 541811721 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13D/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-56755 FILM NUMBER: 03783739 BUSINESS ADDRESS: STREET 1: 1740 BROADWAY STREET 2: 23RD FLOOR CITY: NEW YORK STATE: NY ZIP: 10019 BUSINESS PHONE: (212) 265- MAIL ADDRESS: STREET 1: 1831 WIEHLE AVENUE STREET 2: SUITE 128 CITY: RESTON STATE: VA ZIP: 20190 FORMER COMPANY: FORMER CONFORMED NAME: MUSICMAKER COM INC DATE OF NAME CHANGE: 19990216 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: WHITAKER DON C CENTRAL INDEX KEY: 0001177308 FILING VALUES: FORM TYPE: SC 13D/A BUSINESS ADDRESS: STREET 1: 23 BEECHWOOD CITY: IRVINE STATE: CA ZIP: 92604 BUSINESS PHONE: 714-857-1810 MAIL ADDRESS: STREET 1: 23 BEECHWOOD CITY: IRVINE STATE: CA ZIP: 92604 SC 13D/A 1 doc1.htm Schedule 13D
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

SCHEDULE 13D

Under the Securities Exchange Act of 1934
(Amendment No. 1)*



MM Companies, Inc.
(Name of Issuer)
Common Stock, Par Value $.01 per share
(Title of Class of Securities)
55310j107
(CUSIP Number)
Don C. Whitaker
23 Beechwood
Irvine, CA 92604
949-857-6008
(Name, Address and Telephone Number of Person Authorized to
Receive Notices and Communications)

July 02, 2003
(Date of Event which Requires Filling of this Statement)


If the filing person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of §§ 240.13d-1(e), 240.13d-1 (f) or 240.13d-1(g), check the following box.   (  )



Note: Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See § 240.13d-7 for other parties to whom copies are to be sent.
 

* 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).


 


SCHEDULE 13D
CUSIP No. 55310j107
  1. Names of Reporting Persons.
Don C. Whitaker
I.R.S. Identification No.
  2. Check the Appropriate Box if a Member of a Group*
(a.)  (X)       (b.)  (  )
  3. SEC USE ONLY
  4. Source of Funds*
PF
  5. Check if Disclosure of Legal Proceedings Is Required Pursuant to items 2(d) or 2(e)  (  )
  6. Citizenship or Place of Organization
USA
Number of
Shares
Beneficially
Owned by
Each Reporting
Person With 		7. Sole Voting Power
189,341
8. Shared Voting Power
9. Sole Dispositive Power
189,341
10. Shared Dispositive Power
  11. Aggregate Amount Beneficially Owned by Each Reporting Person
189,341
  12. Check if the Aggregate Amount Represented by Amount in Row (11) Excludes Certain Shares
(See Instructions)   (  )
  13. Percent of Class Represented by Amount in Row (11)
5.77
  14. Type of Reporting Person
IN


2


SCHEDULE 13D
CUSIP No. 55310j107
  1. Names of Reporting Persons.
Don C. Whitaker, Jr.
I.R.S. Identification No.
  2. Check the Appropriate Box if a Member of a Group*
(a.)  (X)       (b.)  (  )
  3. SEC USE ONLY
  4. Source of Funds*
PF
  5. Check if Disclosure of Legal Proceedings Is Required Pursuant to items 2(d) or 2(e)  (  )
  6. Citizenship or Place of Organization
USA
Number of
Shares
Beneficially
Owned by
Each Reporting
Person With 		7. Sole Voting Power
37,000
8. Shared Voting Power
9. Sole Dispositive Power
37,000
10. Shared Dispositive Power
  11. Aggregate Amount Beneficially Owned by Each Reporting Person
37,000
  12. Check if the Aggregate Amount Represented by Amount in Row (11) Excludes Certain Shares
(See Instructions)   (  )
  13. Percent of Class Represented by Amount in Row (11)
1.12
  14. Type of Reporting Person
IN


3


Item 1. Security and Issuer

                   MM Companies, Inc.
         888 Seventh Ave.
         17th Floor
         New York, New York 10019


Item 2. Identity and Background.


(a)

Name:           Don C. Whitaker


(b)

Residence or business address:           23 Beechwood
         Irvine, CA 92604


(c)

Present Principal Occupation or Employment:           Don C. Whitaker, Inc.
         23 Beechwood
         Irvine, CA 92604


(d)

Criminal Conviction:           No


(e)

Court or Administrative Proceedings:           No


(f)

 Citizenship:           USA


Item 3. Source and Amount of Funds or Other Consideration:

                   Personal and retirement funds of the individuals involved. All transactions were open market transactions and approximate amount utilized was $317,965.40 for the total amount of 226,341 shares.


Item 4. Purpose of Transaction

            State the purpose or purposes of the acquisition of securities of the issuer. Describe any plans or proposals which the reporting persons may have which relate to or would result in:

                  The Whitakers continue to believe that the management of MMCO is pro-active for shareholders and support the stance they have taken in many situations in the recent past in encouraging entrenched managements to maximize shareholder value. The purchases were made with the purpose of showing support for this action and the eventual delopement of MMCO.
         
         The Whitakers will of course re-evaluate their options which may include the purchase of additional securities of MMCO or disposal of some or all of the securities they presently own depending upon price, market conditions, availability of funds and other considerations.


4

(a)

The acquisition by any person of additional securities of the issuer, or the disposition of securities of the issuer;

         No

(b)

An extraordinary corporate transaction, such as a merger, reorganization or liquidation, involving the issuer or any of its subsidiaries;

         Other than mentioned in "Purpose of Transaction"

(c)

A sale or transfer of a material amount of assets of the issuer or any of its subsidiaries;

         Other than mentioned in "Purpose of Transaction"

(d)

Any change in the present board of directors or management of the issuer, including any plans or proposals to change the number or term of directors or to fill any existing vacancies on the board;

         Not at the present time.

(e)

Any material change in the present capitalization or dividend policy of the issuer;

         Other than mentioned in "Pupose of Transaction"

(f)

Any other material change in the issuer's business or corporate structure including but not limited to, if the issuer is a registered closed-end investment company, any plans or proposals to make any changes in its investment policy for which a vote is required by section 13 of the Investment Company Act of 1940;

         No

(g)

Changes in the issuer's charter, bylaws or instruments corresponding thereto or other actions which may impede the acquisition of control of the issuer by any person;

         Not at the present time

(h)

Causing a class of securities of the issuer to be delisted from a national securities exchange or to cease to be authorized to be quoted in an inter-dealer quotation system of a registered national securities association;

         If a liquidation and/or sale of remaining businesses and assets were to happen then it is possible that the coprpation would cease to exist.

(i)

A class of equity securities of the issuer becoming eligible for termination of registration pursuant to Section 12(g)(4) of the Act; or

         See "H" above

(j)

Any action similar to any of those enumerated above.

         See "H" above


Item 5. Interest in Securities of the Issuer.


(a)

         Ownership of 6.89% of Common Stock of the Company
         Don C. Whitaker 189,341 5.77%
         Don C. Whitaker, Jr. 37,000 1.12%


(b)

         Don C. Whitaker and Don C. Whitaker, Jr., each have sole responsibility to vote and dispose of their respective shares.


(c)

         During the last 60 days, Don C. Whitaker purchased 36,800 shares for a total consideration of $50,797. During the last 60 days, Don C. Whitaker, Jr., purchased 14,000 shares for a total consideration of $19,420.


 

Transaction
Date

Shares or Units
Purchased (Sold)

Price per
Share or Unit

 

 

5/5/03
5/6/03
6/2/03
6/3/03
6/5/03
6/12/03
6/16/03
7/2/03
7/3/03
7/7/03
7/8/03

2,500 
2,000 
10,000 
6,700 
500 
7,000 
500 
2,500 
10,100 
1,000 
8,000 
 

  

1.42
1.43
1.40
1.38
1.40
1.38
1.35
1.36
1.36
1.37
1.36

  

 

 

 


(d)

         None


(e)

         N/A


Item 6. Contracts, Arrangements, Understandings or Relationships with Respect to Securities of the Issuer.

                   None



5


Item 7. Material to be Filed as Exhibits.

                   None


Signature

        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.
 
Date:  July 11, 2003
  Don C. Whitaker
  By: /s/ Don C. Whitaker
      Don C. Whitaker
  Title:    Individual 
  Don C. Whitaker, Jr.
  By: /s/ Don C. Whitaker, Jr.
      Don C. Whitaker, Jr.
  Title:    Individual 
 


6
-----END PRIVACY-ENHANCED MESSAGE-----