UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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NTS, INC.
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(Name of Issuer) | ||
Common Stock, $0.001 par value per share
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(Title of Class of Securities) | ||
62943B 10 5
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(CUSIP Number)
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December 31, 2012
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(Date of Event which Requires Filing of this Statement)
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CUSIP No. 62943B 10 5
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13G |
Page 2 of 10 Pages
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1
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NAMES OF REPORTING PERSONS
Leslie J. Schreyer, as Trustee under Trust Agreement dated December 23, 1989 FBO the issue of Jonathan D. Sackler
52-6435625
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2
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CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
(see instructions)
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(a) [ ]
(b) [ ]
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3
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SEC USE ONLY
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4
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CITIZENSHIP OR PLACE OF ORGANIZATION
Connecticut
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NUMBER OF
SHARES
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5
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SOLE VOTING POWER
3,920,410
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BENEFICIALLY
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6
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SHARED VOTING POWER
-0-
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EACH
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7
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SOLE DISPOSITIVE POWER
3,920,410
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PERSON
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8
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SHARED DISPOSITIVE POWER
-0-
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9
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AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
3,920,410
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10
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CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES (SEE INSTRUCTIONS)
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[ ]
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11
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PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW 9
9.52%*
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12
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TYPE OF REPORTING PERSON (SEE INSTRUCTIONS)
OO
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CUSIP No. 62943B 10 5
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13G |
Page 3 of 10 Pages
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1
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NAMES OF REPORTING PERSONS
Robert Averick
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2
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CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
(see instructions)
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(a) [ ]
(b) [ ]
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3
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SEC USE ONLY
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4
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CITIZENSHIP OR PLACE OF ORGANIZATION
United States of America
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NUMBER OF
SHARES
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5
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SOLE VOTING POWER
-0-
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BENEFICIALLY
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6
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SHARED VOTING POWER
198,234
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EACH
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7
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SOLE DISPOSITIVE POWER
-0-
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PERSON
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8
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SHARED DISPOSITIVE POWER
198,234
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9
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AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
198,234
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10
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CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES (SEE INSTRUCTIONS)
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[ ]
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11
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PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW 9
0.48%*
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12
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TYPE OF REPORTING PERSON (SEE INSTRUCTIONS)
IN
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CUSIP No. 62943B 10 5
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13G |
Page 4 of 10 Pages
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Item 4 | Ownership:
The percentages used herein are calculated based upon 41,186,596 shares of common stock outstanding as of November 13, 2012, as reported in the Company's Quarterly Report on Form 10-Q for the quarterly period ended September 30, 2012.
As of December 31, 2012:
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1. |
Leslie J. Schreyer, as Trustee under Trust Agreement dated December 23, 1989 FBO the issue of Jonathan D. Sackler
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(a) | Amount Beneficially Owned:
3,920,410*
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(b) | Percent of Class:
9.52%
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(c) |
Number of Shares as to which such person has:
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(i) |
Sole power to vote or direct the vote:
3,920,410
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(ii) |
Shared power to vote or direct the vote:
-0-
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(iii) |
Sole power to dispose or direct the disposition:
3,920,410
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(iv) |
Shared power to dispose or direct the disposition:
-0-
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* |
Represents shares held in the Trust, for which Leslie J. Schreyer serves as sole Trustee. Leslie J. Schreyer has no pecuniary interest in the shares held by the Trust.
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CUSIP No. 62943B 10 5
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13G |
Page 5 of 10 Pages
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2. |
Robert Averick
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(a) | Amount Beneficially Owned:
198,234**
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(b) | Percent of Class:
0.48%
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(c) |
Number of Shares as to which such person has:
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(i) | Sole power to vote or direct the vote:
-0-
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(ii) | Shared power to vote or direct the vote:
198,234
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(iii) | Sole power to dispose or direct the disposition:
-0-
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(iv) | Shared power to dispose or direct the disposition:
198,234
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** | Represents shares held by Robert Averick jointly with his wife, Mickel Averick, for which Robert and Mickel share voting and dispositive power. Robert Averick is employed by Kokino LLC, which acts as non-discretionary investment adviser to the Trust with respect to the shares of the Issuer beneficially owned by the Trust. Neither Robert Averick nor Kokino LLC has voting or dispositive control with respect to the shares of the Issuer beneficially owned by the Trust. |
CUSIP No. 62943B 10 5
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13G |
Page 6 of 10 Pages
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/s/ Frank S. Vellucci
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Frank S. Vellucci
Attorney-in-Fact for Leslie J. Schreyer, in his capacity as trustee under Trust Agreement dated December 23, 1989 FBO the issue of Jonathan D. Sackler
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/s/ Robert Averick
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Robert Averick |
CUSIP No. 62943B 10 5
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13G |
Page 7 of 10 Pages
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Page No.
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A.
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Joint Filing Agreement, dated as of September 30, 2011, by and among Leslie J. Schreyer, in his capacity as trustee under Trust Agreement dated December 23, 1989 FBO the issue of Jonathan D. Sackler, and Robert Averick.
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8
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B.
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Power of Attorney, dated as of February 10, 2012, granted by Leslie J. Schreyer, in his capacity as trustee under Trust Agreement dated December 23, 1989 FBO the issue of Jonathan D. Sackler, in favor of Anthony M. Roncalli and Frank S. Vellucci.
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9
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CUSIP No. 62943B 10 5
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13G |
Page 8 of 10 Pages
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/s/ Frank S. Vellucci
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Frank S. Vellucci
Attorney-in-Fact for Leslie J. Schreyer, in his capacity as trustee under Trust Agreement dated December 23, 1989 FBO the issue of Jonathan D. Sackler
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/s/ Robert Averick
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Robert Averick |
CUSIP No. 62943B 10 5
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13G |
Page 9 of 10 Pages
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CUSIP No. 62943B 10 5
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13G |
Page 10 of 10 Pages
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/s/ Leslie J. Schreyer
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Leslie J. Schreyer, in his capacity as trustee under Trust Agreement dated December 23, 1989 FBO the issue of Jonathan D. Sackler
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