-----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, FbMt3kcJfeePOg8sPA5bJG97kp3O9ZCLgWRX1B3SiUfYcmhQzGVTNxJEo8cu2A8a lHfkJuEyEiOKQuDFMESboA== 0001169232-07-003339.txt : 20070815 0001169232-07-003339.hdr.sgml : 20070815 20070815100605 ACCESSION NUMBER: 0001169232-07-003339 CONFORMED SUBMISSION TYPE: SC 13D/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20070815 DATE AS OF CHANGE: 20070815 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: DELTA APPAREL INC CENTRAL INDEX KEY: 0001101396 STANDARD INDUSTRIAL CLASSIFICATION: WHOLESALE-APPAREL, PIECE GOODS & NOTIONS [5130] IRS NUMBER: 582508794 STATE OF INCORPORATION: GA FISCAL YEAR END: 0702 FILING VALUES: FORM TYPE: SC 13D/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-59247 FILM NUMBER: 071058223 BUSINESS ADDRESS: STREET 1: 2750 PREMIERE PARKWAY SUITE 100 CITY: DULUTH STATE: GA ZIP: 30096 BUSINESS PHONE: 7708066800 MAIL ADDRESS: STREET 1: 2750 PREMIERE PARKWAY SUITE 100 CITY: DULUTH STATE: GA ZIP: 30096 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: MICKEL CHARLES C CENTRAL INDEX KEY: 0000930498 FILING VALUES: FORM TYPE: SC 13D/A BUSINESS ADDRESS: BUSINESS PHONE: 8642717171 MAIL ADDRESS: STREET 1: POST OFFICE BOX 6721 STREET 2: C/O MICCO CORP CITY: GREENVILLE STATE: SC ZIP: 29606 SC 13D/A 1 d72541_sc13da.txt AMEND. TO GEN. STATE. OF BEN. OWNERSHIP SCHEDULE 13D (Rule 13d-101) Information to be Included in Statements Filed Pursuant to Rule 13d-1(a) and Amendments Thereto Filed Pursuant to Rule 13d-2(a) SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 Under the Securities Exchange Act of 1934 (Amendment No. 2)* Delta Apparel, Inc. (Name of Issuer) Common Stock (Title of Class of Securities) 247368 10 3 (CUSIP Number) Charles C. Mickel, Post Office Box 795, Greenville, SC 29602 (864) 271-7171 (Name, Address and Telephone Number of Person Authorized to Receive Notices and Communications) August 15, 2007 (Date of Event which Requires Filing 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 Rule 13d-1(e), 13d-1(f) or 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 Rule 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. 247368 10 3 Page 2 of 6 Pages - -------------------------------------------------------------------------------- 1 NAME OF REPORTING PERSON I.R.S. IDENTIFICATION NOS. OF ABOVE PERSON (ENTITIES ONLY) Charles C. Mickel - -------------------------------------------------------------------------------- 2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) |_| (See Instructions) (b) |_| - -------------------------------------------------------------------------------- 3 SEC USE ONLY - -------------------------------------------------------------------------------- 4 SOURCE OF FUNDS Not applicable - -------------------------------------------------------------------------------- 5 CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e) |_| - -------------------------------------------------------------------------------- 6 CITIZENSHIP OR PLACE OF ORGANIZATION US - -------------------------------------------------------------------------------- 7 SOLE VOTING POWER 147,468 NUMBER OF -------------------------------------------------------------- SHARES 8 SHARED VOTING POWER BENEFICIALLY OWNED BY 496,252 EACH -------------------------------------------------------------- REPORTING 9 SOLE DISPOSITIVE POWER PERSON WITH 147,468 -------------------------------------------------------------- 10 SHARED DISPOSITIVE POWER 496,252 - -------------------------------------------------------------------------------- 11 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 643,720 - -------------------------------------------------------------------------------- 12 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES (See Instructions) |_| - -------------------------------------------------------------------------------- 13 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 7.7% - -------------------------------------------------------------------------------- 14 TYPE OF REPORTING PERSON IN - -------------------------------------------------------------------------------- Item 1. Security and Issuer a. Title and class of equity securities: Common Stock b. Name and address of principal executive offices of Issuer: Delta Apparel, Inc. 2750 Premiere Parkway Suite 100 Duluth, GA 30097 Item 2. Identity and Background a. Name of filing person: Charles C. Mickel b. Business Address: 28 East Court Street Greenville, SC 29601 c. Principal occupation: Private Investor d. During the last five years, Mr. Mickel has not been convicted in a criminal proceeding (excluding traffic violations or similar misdemeanors). e. During the last five years, Mr. Mickel has not been a party to a civil proceeding of a judicial or administrative body of competent jurisdiction resulting in a final judgment, final decree or final order enjoining future violations of, or prohibiting or mandating activities subject to, federal or state securities laws or finding any violation with respect to such laws. f. Citizenship: United States of America Item 3. Source and Amount of Funds or Other Consideration None. Item 4. Purpose of Transaction Provided that it is not restricted from doing so by any applicable insider trading laws, regulations or policies, Micco Corporation, a corporation of which Mr. Mickel is a director and with respect to which he owns one third of the outstanding stock, intends to enter into a Rule 10b5-1 plan in the next few weeks. It is contemplated that the Rule 10b5-1 Plan will have a term of one year and will provide for the sale of up to approximately 84,000 shares of Issuer common stock per quarter. Except as described above, Mr. Mickel holds his Shares primarily for investment and has no plan or proposal which would relate to or result in: a. The acquisition by any person of additional securities of the Issuer, or the disposition of securities of the Issuer; b. An extraordinary corporate transaction, such as a merger, reorganization or liquidation, involving the Issuer or any of its subsidiaries; c. A sale or transfer of a material amount of assets of the Issuer or any of its subsidiaries; 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; e. Any material change in the present capitalization or dividend policy of the Issuer; f. Any other material change in the Issuer's business or corporate structure; 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; 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; 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 j. Any action similar to any of these enumerated above. Item 5. Interest in Securities of the Issuer a. Aggregate number and percentage of class of securities beneficially owned by the filing person: Number of Shares Percentage ---------------- ---------- 643,720 7.7% Mr. Mickel owns 147,468 shares of Issuer Common Stock directly or as custodian for his minor children. In addition, Mr. Mickel owns one-third of the outstanding shares and is an officer and director of Micco Corporation, holder of 496,252 shares of Common Stock. Mr. Mickel disclaims beneficial ownership as to two-thirds of the Shares held by Micco Corporation. b. Number of Shares as to which there is: (i) Sole power to vote or to direct the vote: 147,468 (see note a. above) (ii) Shared power to vote or to direct the vote: 496,252 (see note a. above) (iii) Sole power to dispose or direct the disposition: 147,468 (see note a. above) (iv) Shared power to dispose or direct the disposition: 496,252 (see note a. above) (v) Parties with whom stock powers are shared: Mr. Mickel is an officer, director and one-third owner of Micco Corporation, holder of 496,252 shares of Common Stock. Mr. Mickel disclaims ownership of two-thirds of the shares owned by Micco Corporation. Micco Corporation The power to vote and to direct the disposition of 496,252 shares of Common Stock is shared with the other executive officers and directors of Micco Corporation. The other executive officers and directors of Micco Corporation are as follows: MINOR MICKEL SHAW (President and Director) Micco Corporation (Investments) Business Address: Post Office Box 795 Greenville, SC 29602 BUCK A. MICKEL (Vice President and Director) President and CEO, RSI Holdings, Inc. (parent company of Employment Solutions, Inc which is in the business of locating and providing labor to industrial companies) Business Address: Post Office Box 795 Greenville, SC 29602 The following gives certain information regarding Micco Corporation: a. State of incorporation: South Carolina b. Principal business: Investments c. Address of principal business and office: Post Office Box 795 Greenville, SC 29602 During the last five years, neither Micco Corporation nor any of the above individuals has been convicted in a criminal proceeding (excluding traffic violations or similar misdemeanors) or has been a party to a civil proceeding of a judicial or administrative body of competent jurisdiction resulting in a final judgment, final decree or final order enjoining future violations of, or prohibiting or mandating activities subject to, federal or state securities laws or finding any violation with respect to such laws. Each of the foregoing individuals is a United States citizen. c. Description of any transactions in the class of securities reported on that were effected during the past sixty days or since the most recent filing of Schedule 13D, whichever is less, by the person named in response to paragraph (a): None. d. Statement regarding the right of any other person known to have the right to receive or the power to direct the receipt of dividends from, or the proceeds from the sale of, the securities. Not applicable. e. Statement regarding the date on which the reporting person ceased to be the beneficial owner of more than five percent of the class of securities: Not applicable. Item 6. Contracts, Arrangements, Understandings, or Relationships with Respect to Securities of Issuer: Not applicable. 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: August 15, 2007 /s/ Charles C. Mickel ---------------------------------- Charles C. Mickel -----END PRIVACY-ENHANCED MESSAGE-----