-----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, UFkBlFVsrlcSdKZEVpUSotccuKzZ7S5NOEqSdLFUa0ThyElaB08Ser0+su+0zDPZ gJwd0jDefzbw/LmnmpTjmA== 0000905718-99-000240.txt : 19990415 0000905718-99-000240.hdr.sgml : 19990415 ACCESSION NUMBER: 0000905718-99-000240 CONFORMED SUBMISSION TYPE: SC 13G PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19990414 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: LASERSIGHT INC /DE CENTRAL INDEX KEY: 0000879301 STANDARD INDUSTRIAL CLASSIFICATION: ELECTROMEDICAL & ELECTROTHERAPEUTIC APPARATUS [3845] IRS NUMBER: 650273162 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G SEC ACT: SEC FILE NUMBER: 005-46828 FILM NUMBER: 99593689 BUSINESS ADDRESS: STREET 1: 3300 UNIVERSITY BLVD STREET 2: SUITE 140 CITY: WINTER PARK STATE: FL ZIP: 32792 BUSINESS PHONE: 4076789900 MAIL ADDRESS: STREET 1: 3300 UNIVERSITY BLVD STREET 2: SUITE 140 CITY: WINTER PARK STATE: FL ZIP: 32792 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: ROTH MICHAEL CENTRAL INDEX KEY: 0001010207 STANDARD INDUSTRIAL CLASSIFICATION: [] FILING VALUES: FORM TYPE: SC 13G BUSINESS ADDRESS: STREET 1: 10556 N PORT WASHINGTON RD CITY: MEQUON STATE: WI ZIP: 53092 BUSINESS PHONE: 4142411810 MAIL ADDRESS: STREET 1: 10556 N PORT WASHINGTON RD CITY: MEQUON STATE: WI ZIP: 53092 SC 13G 1 SC 13G UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. )* LASERSIGHT INCORPORATED - -------------------------------------------------------------------------------- (Name of Issuer) Common Stock - -------------------------------------------------------------------------------- (Title of Class of Securities) 517924106 - -------------------------------------------------------------------------------- (CUSIP Number) March 24, 1999(PSI) - -------------------------------------------------------------------------------- (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant to which this Schedule 13G 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 the disclosures provided in a prior cover page. The information required in 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). - ------------------ (PSI) The reporting persons currently have a Schedule 13D on file with the SEC. The reporting persons are now eligible to use Schedule 13G and therefore are filing this Schedule 13G as an amendment to the Schedule 13D. CUSIP NO. 517924106 - -------------------------------------------------------------------------------- (1) Names of Reporting Persons. I.R.S. Identification Nos. of Above Persons (entities only): Michael A. Roth and Brian J. Stark (filing as joint filers pursuant to Rule 13(d)-1(k)) - -------------------------------------------------------------------------------- (2) Check the Appropriate Box if a Member of a Group (See Instructions) (a) (b) - -------------------------------------------------------------------------------- (3) SEC Use Only - -------------------------------------------------------------------------------- (4) Citizenship or Place of Organization: United States - -------------------------------------------------------------------------------- Number of Shares Beneficially Owned by Each (5) Sole Voting Reporting Person With Power: 940,508* (6) Shared Voting Power: -- (7) Sole Dispositive Power: 940,508* (8) Shared Dispositive Power: -- - -------------------------------------------------------------------------------- (9) Aggregate Amount Beneficially Owned by Each Reporting Person: 940,508* (includes 431,308 shares issuable to the reporting person upon conversion of convertible securities of the Issuer) - -------------------------------------------------------------------------------- (10) Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions) - -------------------------------------------------------------------------------- (11) Percent of Class Represented by Amount in Row (9): 5.9% - -------------------------------------------------------------------------------- (12) Type of Reporting Person (See Instructions): IN - -------------------------------------------------------------------------------- * 580,254 shares of the Issuer's common stock ("Shares") beneficially owned by the reporting persons are owned through Stark International ("Stark"), a partnership of which both reporting persons are managing partners, and that number includes 225,654 Shares issuable to Stark upon the exercise of warrants purchased by Stark from the Issuer. 360,254 Shares beneficially owned by the reporting persons are owned through Shepherd Investments International, Ltd. ("Shepherd"), a partnership of which both reporting persons are managing partners, and that number includes 205,654 Shares issuable to Shepherd upon the exercise of warrants purchased by Shepherd from the Issuer. Item 1(a). Name Of Issuer: LaserSight Incorporated - -------------------------------------------------------------------------------- Item 1(b). Address of Issuer's Principal Executive Offices: 3300 University Blvd, Suite 140, Winter Park, Florida 32792 - -------------------------------------------------------------------------------- Item 2(a). Name of Person Filing: Brian J. Stark and Michael A. Roth - -------------------------------------------------------------------------------- Item 2(b). Address of Principal Business Office or, if None, Residence: 1500 West Market Street, Mequon, WI 53092 - -------------------------------------------------------------------------------- Item 2(c). Citizenship: United States - -------------------------------------------------------------------------------- Item 2(d). Title of Class of Securities: Common Stock - -------------------------------------------------------------------------------- Item 2(e). CUSIP No.: 517924106 - -------------------------------------------------------------------------------- Item 3. If This Statement Is Filed Pursuant to ss.240.13d-1(b) or 240.13d-2(b) or (c), check whether the Person Filing is a (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. 78c); (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 ss.240.13d-1(b)(1)(ii) (E); (f) [ ] An Employee Benefit Plan or Endowment Fund in accordance with ss.240.13d-1(b)(1)(ii)(F); (g) [ ] A Parent Holding Company or control person in accordance with ss.240.13d-1(b)(1)(ii)(G); (h) [ ] A Savings Associations 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 ss.240.13d-1(b)(1)(ii)(J). Item 4. Ownership (a) Amount Beneficially Owned (as of March 24, 1999): 940,508 (includes 431,308 shares issuable to the reporting persons upon conversion of convertible securities of the Issuer) (b) Percent of Class (as of March 24, 1999): 5.9% (c) Number of Shares as to which such person has: (i) sole power to vote or to direct the vote 940,508 (ii) shared power to vote or to direct the vote -- ----------- (iii) sole power to dispose or to direct the disposition of 940,508 (iv) shared power to dispose or to direct the disposition of -- Item 5. Ownership of Five Percent or Less of a Class If this statement is being filed to report the fact that as of the date hereof the reporting person has ceased to be the beneficial owner of more than five percent of the class of securities, check the following [ ]. Item 6. Ownership of More Than Five Percent on Behalf of Another Person. N/A Item 7. Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on by the Parent Holding Company. N/A Item 8. Identification and Classification of Members of the Group. N/A Item 9. Notice of Dissolution of Group. N/A Item 10. Certification By signing below I certify that, to the best of my 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. 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. April 14, 1999 (Date) /s/ Brian J. Stark (Signature) Brian J. Stark (Name/Title) /s/ Michael A. Roth (Signature) Michael A. Roth (Name/Title) Attention: Intentional misstatements or omissions of fact constitute Federal criminal violations (See 18 U.S.C. 1001) EXHIBIT 1 AGREEMENT AS TO JOINT FILING Dated April 14, 1999 The undersigned hereby agree that the Schedule 13G with respect to LaserSight Incorporated dated as of the date hereof is filed on behalf of each of the undersigned jointly pursuant to Rule 13d-1(k). /s/Brian J. Stark Brian J. Stark /s/Michael A. Roth Michael A. Roth -----END PRIVACY-ENHANCED MESSAGE-----