0001104659-11-032020.txt : 20110527 0001104659-11-032020.hdr.sgml : 20110527 20110527145202 ACCESSION NUMBER: 0001104659-11-032020 CONFORMED SUBMISSION TYPE: N-Q PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20110331 FILED AS OF DATE: 20110527 DATE AS OF CHANGE: 20110527 EFFECTIVENESS DATE: 20110527 FILER: COMPANY DATA: COMPANY CONFORMED NAME: York Enhanced Strategies Fund, LLC CENTRAL INDEX KEY: 0001344338 IRS NUMBER: 000000000 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: N-Q SEC ACT: 1940 Act SEC FILE NUMBER: 811-21834 FILM NUMBER: 11877842 BUSINESS ADDRESS: STREET 1: 767 FIFTH AVENUE STREET 2: 17TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10153 BUSINESS PHONE: 212-300-1300 MAIL ADDRESS: STREET 1: 767 FIFTH AVENUE STREET 2: 17TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10153 N-Q 1 a11-12886_1nq.htm N-Q

 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

 

FORM N-Q

 

QUARTERLY SCHEDULE OF PORTFOLIO HOLDINGS OF REGISTERED
MANAGEMENT INVESTMENT COMPANY

 

Investment Company Act file number

811-21834

 

 

YORK ENHANCED STRATEGIES FUND, LLC

(Exact name of registrant as specified in charter)

 

767 Fifth Avenue, 17TH Floor

New York, New York

 

10153

(Address of principal executive offices)

 

(Zip code)

 

The Corporation Trust Company

1209 Orange Street

Wilmington, Delaware 19801

(Name and address of agent for service)

 

Copies to:

David M. Mahle

Jones Day

222 East 41ST Street

New York, New York 10017

 

Registrant’s telephone number, including area code:

(212) 300-1300

 

 

Date of fiscal year end:

December 31, 2011

 

 

 

 

Date of reporting period:

March 31, 2011

 

 



 

ITEM 1.  SCHEDULE OF INVESTMENTS.

 



 

YORK ENHANCED STRATEGIES FUND, LLC

Schedule of Investments

March 31, 2011 (Unaudited)

 

 

 

 

 

 

 

Percentage
of

 

Par Value

 

Description

 

Value

 

Net Assets

 

 

 

 

 

 

 

 

 

 

 

CORPORATE BONDS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

COMMUNICATIONS

 

 

 

 

 

$

15,685,135

 

Intelsat Corp., 11.50%, due 2/4/17(PIK)

 

$

17,214,436

 

 

 

 

 

Nortel Networks Ltd., *+

 

 

 

 

 

6,000,000

 

10.125%, due 7/15/13

 

5,415,000

 

 

 

1,000,000

 

10.75%, due 7/15/16

 

902,500

 

 

 

 

 

TOTAL COMMUNICATIONS

 

23,531,936

 

8.3

%

 

 

 

 

 

 

 

 

 

 

CONSUMER CYCLICAL

 

 

 

 

 

2,500,000

 

Accuride Corp., 9.50%, due 8/1/18 #

 

2,800,000

 

 

 

1,000,000

 

Adelphia Communications Corp., 0.00%, expired maturity Escrow*+#

 

 

 

 

4,789,000

 

Cengage Learning Acquisitions, Inc., 10.50%, due 1/15/15 ##

 

4,872,807

 

 

 

3,300,000

 

Lear Corp., 5.75%, due 8/1/14 Escrow #*+

 

77,550

 

 

 

 

 

TOTAL CONSUMER CYCLICAL

 

7,750,357

 

2.7

 

 

 

 

 

 

 

 

 

 

 

ENERGY

 

 

 

 

 

2,500,000

 

Enron Corp., 6.31%, expired maturity *#

 

1,000

 

^

 

 

 

 

 

 

 

 

 

 

FINANCIALS

 

 

 

 

 

10,000

 

Lehman Brothers Holdings, Inc., 6.875%, due 5/2/18 *+

 

2,625

 

 

 

2,600,000

 

Nationstar Mortgage/Nationstar Capital Corp., 10.875%, due 4/1/15 ##

 

2,645,500

 

 

 

 

 

Realogy Corp.,

 

 

 

 

 

1,791,000

 

11.50%, due 4/15/17 ##

 

1,844,730

 

 

 

567,000

 

13.375%, due 4/15/18 ##

 

657,720

 

 

 

EUR

1,000,000

 

Shinsei Bank Ltd., 7.375%, due 9/14/20 **

 

1,355,916

 

 

 

 

 

Washington Mutual Bank, *+

 

 

 

 

 

$

2,500,000

 

0.00%, expired maturity

 

912,500

 

 

 

5,469,000

 

0.00%, expired maturity

 

1,996,185

 

 

 

2,360,000

 

0.00%, expired maturity

 

861,400

 

 

 

2,500,000

 

0.00%, expired maturity Escrow #

 

 

 

 

5,469,000

 

0.00%, expired maturity Escrow #

 

 

 

 

2,360,000

 

0.00%, expired maturity Escrow #

 

 

 

 

 

 

TOTAL FINANCIALS

 

10,276,576

 

3.6

 

 

 

 

 

 

 

 

 

 

 

HEALTH CARE

 

 

 

 

 

 

 

HCA, Inc.,

 

 

 

 

 

6,240,000

 

6.95%, due 5/1/12

 

6,474,000

 

 

 

3,000,000

 

8.50%, due 4/15/19 ##

 

3,330,000

 

 

 

 

 

TOTAL HEALTH CARE

 

9,804,000

 

3.5

 

 

 

 

 

 

 

 

 

 

 

INDUSTRIAL

 

 

 

 

 

 

 

Lyondell Chemical Worldwide, Inc.,

 

 

 

 

 

2,558,000

 

8.10%, due 3/15/27 ##

 

2,839,380

 

 

 

5,661,113

 

11.00%, due 5/1/18

 

6,361,676

 

 

 

 

 

TOTAL INDUSTRIAL

 

9,201,056

 

3.2

 

 

 

 

 

 

 

 

 

 

 

TELECOMMUNICATION SERVICES

 

 

 

 

 

EUR

2,888,664

 

Hellas Telecommunications Luxembourg III, 8.50%, due 10/15/13 #*+

 

30,680

 

^

 

 

 

 

 

 

 

 

 

 

TOTAL CORPORATE BONDS (COST — $58,474,517)

 

60,595,605

 

21.3

 

 



 

 

 

 

 

 

 

Percentage
of

 

Par Value

 

Description

 

Value

 

Net Assets

 

 

 

BANK DEBT AND TRADE CLAIMS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

COMMUNICATIONS

 

 

 

 

 

 

 

ProSieben Holding Co., *

 

 

 

 

 

EUR

5,000,000

 

2nd Lien Term Loan, USDLIBOR plus 3.50%, due 11/9/15

 

$

6,230,840

 

 

 

5,089,931

 

Term Loan, USDLIBOR plus 3.50%, due 11/9/15

 

6,270,830

 

 

 

 

 

TOTAL COMMUNICATIONS

 

12,501,670

 

4.4

%

 

 

 

 

 

 

 

 

 

 

CONSUMER CYCLICAL

 

 

 

 

 

$

 2,501,689

 

Baby Phat, 1st Lien Term Loan A, USDLIBOR plus 5.75%, due 7/18/1 1 #+

 

150,101

 

 

 

14,204,645

 

Fox & Hound Restaurant Group, 2nd Lien Term Loan B, USDLIBOR plus 13.50%, due 5/12 /11 #

 

7,102,322

 

 

 

5,925,000

 

Harrah’s Operating Co., Term Loan B4, USDLIBOR plus 7.50%, due 10/31/16

 

6,221,250

 

 

 

 

 

Lear Corp., * +

 

 

 

 

 

1,000,000

 

Revolver Tranche A, USDLIBOR plus 1.00%, due 3/23/10 Escrow #

 

7,100

 

 

 

1,000,000

 

Revolver Tranche B, USDLIBOR plus 1.00%, due 3/23/10 Escrow #

 

7,100

 

 

 

1,700,000

 

Term Loan, USDLIBOR plus 1.75%, due 4/25/12 Escrow #

 

12,070

 

 

 

5,554,557

 

Michael’s Stores, Inc., Term Loan B-2, USDLIBOR plus 4.50%, due 7/31/16

 

5,568,442

 

 

 

3,000,000

 

Wm. Bolthouse Farms, Inc., 2nd Term Loan, USDLIBOR plus 7.50%, due 8/11/16

 

3,022,500

 

 

 

 

 

TOTAL CONSUMER CYCLICAL

 

22,090,885

 

7.8

 

 

 

 

 

 

 

 

 

 

 

ENERGY

 

 

 

 

 

 

 

Enron Corp., *+

 

 

 

 

 

1,616,742

 

Trade Claim 99092 #

 

1,455

 

 

 

383,258

 

Trade Claim 99093 #

 

345

 

 

 

25,000,000

 

Trade Claim 99191 #

 

25,000

 

 

 

 

 

TOTAL ENERGY

 

26,800

 

^

 

 

 

 

 

 

 

 

 

 

FINANCIALS

 

 

 

 

 

8,926,796

 

Blackstone UTP Capital, Term Loan, 7.75%, due 11/6/14

 

9,038,381

 

 

 

1,639,000

 

Realogy Corp., 2nd Lien Term Loan B, 13.50%, due 9/24/14

 

1,761,925

 

 

 

 

 

TOTAL FINANCIALS

 

10,800,306

 

3.8

 

 

 

 

 

 

 

 

 

 

 

INDUSTRIAL

 

 

 

 

 

11,970,000

 

Tronox, Inc., Term Loan, USDLIBOR plus 5.00%, due 10/15/15

 

12,149,550

 

4.3

 

 

 

 

 

 

 

 

 

 

 

TOTAL BANK DEBT AND TRADE CLAIMS (COST — $63,137,106)

 

57,569,211

 

20.3

 

 

 

 

 

 

 

 

 

Number of Shares

 

 

 

 

 

 

 

 

 

COMMON STOCKS AND WARRANTS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONSUMER CYCLICAL

 

 

 

 

 

$

 1,001,485

 

Adelphia Recovery Trust Series ACC-1 INT #*

 

15,533

 

 

 

142,022

 

General Motors Co. *

 

4,406,943

 

 

 

 

 

TOTAL CONSUMER CYCLICAL

 

4,422,476

 

1.5

 

 

 

 

 

 

 

 

 

 

 

FINANCIALS

 

 

 

 

 

424,166

 

United Insurance Holdings Corp.

 

1,293,706

 

 

 

60,494

 

United Insurance Holdings Corp. (Warrants) (1st exercise date 10/4/08; Strike at $6.00) *

 

24,198

 

 

 

 

 

TOTAL FINANCIALS

 

1,317,904

 

0.5

 

 

 

 

 

 

 

 

 

 

 

HEALTH CARE

 

 

 

 

 

139,271

 

Genzyme Corp. *

 

10,606,183

 

 

 

52,725

 

HCA Holdings, Inc. *

 

1,785,796

 

 

 

 

 

TOTAL HEALTH CARE

 

12,391,979

 

4.4

 

 

 

 

 

 

 

 

 

 

 

MATERIALS

 

 

 

 

 

500,187

 

Chemtura Corp. *

 

8,603,216

 

 

 

129,102

 

Tronox, Inc. *

 

18,009,728

 

 

 

 

 

TOTAL MATERIALS

 

26,612,944

 

9.3

 

 

 

 

 

 

 

 

 

 

 

TECHNOLOGY

 

 

 

 

 

13

 

Shared Technologies, Inc., Escrow, due 11/9/15 *#

 

 

^

 

 

 

 

 

 

 

 

 

 

TOTAL COMMON STOCKS AND WARRANTS (COST - $31,565,312)

 

44,745,303

 

15.7

 

 



 

 

 

 

 

 

 

Percentage
of

 

Par Value

 

Description

 

Value

 

Net Assets

 

 

 

PREFERRED STOCK

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FINANCIALS

 

 

 

 

 

$

3,898

 

GMAC, Inc., 7.00%, 12/31/11 ##

 

3,586,160

 

1.3

%

 

 

 

 

 

 

 

 

 

 

TOTAL PREFERRED STOCK (COST - $2,953,285)

 

3,586,160

 

1.3

 

 

 

 

 

 

 

 

 

 

 

PRIVATE INVESTMENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FINANCIALS

 

 

 

 

 

42,336

 

Arias Holdings, LLC, Class A Shares (acquired on 5/4/07)(restricted) *#

 

936,049

 

0.3

 

 

 

 

 

 

 

 

 

 

 

TOTAL PRIVATE INVESTMENT (COST — $7,221,663)

 

936,049

 

0.3

 

 

 

 

 

 

 

 

 

 

 

TOTAL INVESTMENTS

 

167,432,328

 

58.9

 

 

 

OTHER ASSETS IN EXCESS OF OTHER LIABILITIES

 

117,048,131

 

41.1

 

 

 

NET ASSETS APPLICABLE TO COMMON SHAREHOLDERS

 

$

284,480,459

 

100.0

%

 


Notes to Schedule of Investments:

*

Non-income producing security.

**

Reflects rate at March 31, 2011 on variable rate instruments.

#

Securities are valued at fair value per policies adopted by the Board of Directors.  At March 31, 2011, $11,166,305 of securities were fair valued per these policies representing 3.9% of net assets applicable to common shareholders.

##

Security is issued under Rule 144A and may be subject to certain restrictions as to resale. Unless otherwise noted, the security is deemed liquid.

+

Issuer in default. At March 31, 2011, securities with a value of $10,401,611 were in default, representing 3.7% of net assets applicable to common shareholders.

^

Less than 0.1%.

 

 

PIK -

Payment-in-kind security.  Income may be paid in cash or additional notes, at the discretion of the issuer.

USDLIBOR - London Interbank Offered Rate (Denominated in United States Dollars)

 

Currency Type Abbreviation:

EUR - Euro

 



 

As of March 31, 2011, the gross unrealized appreciation/(depreciation) of investments based on the aggregate cost of investments for Federal income tax purposes was as follows:

 

Aggregate gross unrealized appreciation

 

$

23,397,433

 

Aggregate gross unrealized depreciation

 

(24,144,208

)

Net unrealized depreciation

 

(746,775

)

 

 

 

 

Federal income tax cost of investments

 

$

168,179,103

 

 

FORWARD FOREIGN CURRENCY CONTRACTS

 

York Enhanced Strategies Fund, LLC had the following open forward foreign currency contracts as of March 31, 2011:

 

 

 

Contracts to
Deliver

 

In Exchange For

 

Settlement
Date

 

Unrealized
Depreciation(1)

 

Euro

 

5,204,112

 

USD

7,249,242

 

6/15/2011

 

$

(124,518

)

Hong Kong Dollar

 

1,665,407

 

USD

213,948

 

6/15/2011

 

(309

)

 

 

 

 

 

 

 

 

$

(124,827

)

 


(1)   The amount represents fair value of derivative instruments subject to foreign exchange contracts risk exposure as of March 31, 2011.

 



 

Investments measured and reported at fair value are classified and disclosed in one of the following categories.

 

Level I — Quoted prices are available in active markets for identical investments as of the reporting date. The type of investments which would generally be included in Level I include listed equities and other listed securities. As required by ASC 820, the Company does not adjust the quoted price for these investments.

 

Level II — Pricing inputs are other than quoted prices in active markets, which are either directly or indirectly observable as of the reporting date. Investments which are generally included in this category include less readily marketable and restricted equity securities, forward currency contracts, corporate bonds, bank loans and trade claims.

 

Level III — Pricing inputs are unobservable for the investment and includes situations where there is little, if any, market activity. The inputs into the determination of fair value may require significant management judgment or estimation. Even if observable-market data for comparable performance or valuation measures (earnings multiples, discount rates, other financial/valuation ratios, etc.) are available, such investments are grouped as Level III if any significant data point that is not also market observable (private company earnings, cash flows, etc.) is used in the valuation process.

 

Level III investments are fair valued with a variety of inputs such as broker and counterparty quotes, pricing services, independent third-party valuation firms and valuation models. The valuation models are built with different approaches (yield analysis, enterprise value, etc) depending on the particular company and industry. The types of investments which would generally be included in this category include equity and/or debt securities issued by private entities, certain corporate bonds, bank loans and trade claims.

 

In certain cases, the inputs used to measure fair value may fall into different levels of the fair value hierarchy. In such cases, an investment’s level within the fair value hierarchy is based on the lowest level of input that is significant to the fair value measurement. The Company’s assessment of the significance of a particular input to the fair value measurement in its entirety requires judgment, and considers factors specific to the investment.

 

The following table summarizes the valuation of the Company’s investments in accordance with the above ASC 820 fair value hierarchy levels as of March 31, 2011:

 

The following is a summary of the inputs used as of March 31, 2011 in valuing the Company’s investments and financial instruments carried at fair value:

 

 

 

Level I

 

Level II

 

Level III

 

Total

 

Investments in Securities - Assets

 

 

 

 

 

 

 

 

 

Corporate Bonds

 

$

 

$

57,686,375

 

$

2,909,230

 

$

60,595,605

 

Bank Debt and Trade Claims

 

 

50,263,718

 

7,305,493

 

57,569,211

 

Common Stocks and Warrants

 

44,705,572

 

24,198

 

15,533

 

44,745,303

 

Preferred Stock

 

 

3,586,160

 

 

3,586,160

 

Private Investment

 

 

 

936,049

 

936,049

 

 

 

$

44,705,572

 

$

111,560,451

 

$

11,166,305

 

$

167,432,328

 

Other Financial Instruments* - Liabilities

 

 

 

 

 

 

 

 

 

Foreign Forward Currency Contracts

 

$

 

$

(124,518

)

$

 

$

(124,518

)

Total

 

$

44,705,572

 

$

111,435,933

 

$

11,166,305

 

$

167,307,810

 

 

During the period ended March 31, 2011, there were no transfers between Level I and Level II investments.

 

The following is a reconciliation of assets in which significant unobservable inputs (Level III) were used in determining fair value:

 

 

 

Corporate

 

Asset Backed

 

Bank Debt

 

Common Stocks

 

 

 

 

 

Bonds

 

Bonds

 

and Trade Claims

 

and Warrants

 

Private Investment

 

Balance as of 12/31/10

 

$

16,756,277

 

$

1,579,434

 

$

28,807,684

 

$

15,533

 

$

660,865

 

Realized gain (loss), net

 

(1,994,364

)

465,284

 

 

 

 

Change in unrealized appreciation (depreciation), net**

 

(8,507,351

)

(169,226

)

(462,775

)

 

275,184

 

Accretion (amortization) of discounts/premiums, net

 

(53,380

)

 

(179,403

)

 

 

Purchases

 

3,992,932

 

1,380,839

 

71,978

 

 

 

Sales

 

(7,284,884

)

(3,256,331

)

(18,210

)

 

 

Transfers into Level III

 

 

 

 

 

 

Transfers out of Level III

 

 

 

(20,913,781

)

 

 

Balance as of 03/31/11

 

$

2,909,230

 

$

 

$

7,305,493

 

$

15,533

 

$

936,049

 

 


*Other financial instruments are derivative instruments not reflected in the Schedule of Investments, such as forwards, which are valued at the unrealized appreciation/depreciation on the instrument.

** Of which, $264,324 is included in Net Assets relating to securities held at the reporting period end. It is the Company’s policy to recognize transfers in and transfers out at the fair value as of the beginning of the period.

 



 

YORK ENHANCED STRATEGIES FUND, LLC

NOTES TO SCHEDULE OF INVESTMENTS

MARCH 31, 2011 (UNAUDITED)

 

NET ASSET VALUE CALCULATION - The net asset value per common share of the Company will be calculated as of the last business day of each calendar quarter, in connection with each issuance of Common Shares by the Company, as of each distribution declaration date (after giving effect to the relevant distribution), and on such other dates as determined by the Investment Manager or the Board of Directors.

 

SECURITY VALUATION - Investments in securities traded on a nationally recognized securities exchange or over-the-counter market will generally be valued at the closing price on such exchange or market. Securities not traded on a nationally recognized securities exchange or over-the-counter market are recorded at their fair value as determined in good faith by the Investment Manager, in consultation with the valuation committee pursuant to procedures approved by the Board of Directors. Such procedures consider prices obtained from one or more brokerage firms or financial institutions making markets in these instruments.  The market for such investments may become illiquid from time to time as a result of adverse market conditions, regulatory developments or other factors.  Also, there may be only a single or limited number of market makers for certain of the Company’s investments. Accordingly, the market for such investments may be thinly traded and prices quoted more volatile than would be the case with more established markets. Because of the inherent uncertainty of valuation, estimated fair values do not necessarily represent amounts that might be ultimately realized, because such amounts depend on future circumstances, and the differences could be material.

 

LIQUIDATION OF COMPANY - On May 24, 2011 the Company conducted a special meeting of its shareholders at which the shareholders approved the liquidation and dissolution of the Company.  Management expects to initiate steps to commence the liquidation and dissolution of the Company in accordance with the Plan of Liquidation and Dissolution approved by the Company’s shareholders.

 



 

ITEM 2.  CONTROLS AND PROCEDURES.

 

(a) The Registrant’s Chief Executive Officer and Chief Financial Officer have evaluated the Registrant’s disclosure controls and procedures within 90 days of this filing and have concluded that the Registrant’s disclosure controls and procedures were effective, as of that date, in ensuring that information required to be disclosed by the Registrant in this Form N-Q was recorded, processed, summarized and reported in a timely manner.

 

(b) None.

 

ITEM 3.  EXHIBITS.

 

Certification pursuant to Rule 30a-2(a) under the Investment Company Act of 1940 (17 CFR 270.30a-2(a)) is filed and attached hereto as Exhibit 99.CERT.

 



 

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934 and the Investment Company Act of 1940, the Registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

 

York Enhanced Strategies Fund, LLC

 

By:

/s/ Jeffrey A. Weber

 

Name:  Jeffrey A. Weber

 

Title:  President

 

 

 

Date:  May 27, 2011

 

 

Pursuant to the requirements of the Securities Exchange Act of 1934 and the Investment Company Act of 1940, this report has been signed below by the following persons on behalf of the Registrant and in the capacities and on the dates indicated.

 

By:

/s/ James G. Dinan

 

Name:  James G. Dinan

 

Title:  Chief Executive Officer (principal executive officer)

 

 

 

 

Date:  May 27, 2011

 

 

 

 

By:

/s/ Adam J. Semler

 

Name:  Adam J. Semler

 

Title:  Chief Financial Officer and Secretary (principal financial officer)

 

 

 

 

Date:  May 27, 2011

 

 


EX-99.CERT 2 a11-12886_1ex99dcert.htm EX-99.CERT

Exhibit 99.CERT

 

I, James G. Dinan, certify that:

 

1.               I have reviewed this report on Form N-Q of York Enhanced Strategies Fund, LLC;

 

2.               Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

 

3.               Based on my knowledge, the schedules of investments included in this report fairly present in all material respects the investments of the registrant as of the end of the fiscal quarter for which the report is filed;

 

4.               The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Rule 30a-3(c) under the Investment Company Act of 1940) and internal control over financial reporting (as defined in Rule 30a-3(d) under the Investment Company Act of 1940) for the registrant and have:

 

(a)          Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

 

(b)         Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;

 

(c)          Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of a date within 90 days prior to the filing date of this report, based on such evaluation; and

 

(d)         Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and

 

5.               The registrant’s other certifying officer and I have disclosed to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions):

 

(a)          All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize, and report financial information; and

 

(b)         Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting.

 

Date: May 27, 2011

 

 

/s/ James G. Dinan

 

Name:

James G. Dinan

 

Title:

Chief Executive Officer

 



 

I, Adam J. Semler, certify that:

 

1.               I have reviewed this report on Form N-Q of York Enhanced Strategies Fund, LLC;

 

2.               Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

 

3.               Based on my knowledge, the schedules of investments included in this report fairly present in all material respects the investments of the registrant as of the end of the fiscal quarter for which the report is filed;

 

4.               The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Rule 30a-3(c) under the Investment Company Act of 1940) and internal control over financial reporting (as defined in Rule 30a-3(d) under the Investment Company Act of 1940) for the registrant and have:

 

(a)          Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

 

(b)         Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;

 

(c)          Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of a date within 90 days prior to the filing date of this report based on such evaluation; and

 

(d)         Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and

 

5.               The registrant’s other certifying officer and I have disclosed to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions):

 

(a)          All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize, and report financial information; and

 

(b)         Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting.

 

Date: May 27, 2011

 

 

/s/ Adam J. Semler

 

Name:

Adam J. Semler

 

Title:

Chief Financial Officer and Secretary