-----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, Plz38lSWc3kQcSFVxlT5jE37xWkrjUA694ianXr8E7d/8+j4u2zqJ8qfMFI4NRiJ Z4tq8duI9Q0fVOIPZZhqCg== 0001209191-09-045830.txt : 20090925 0001209191-09-045830.hdr.sgml : 20090925 20090925174550 ACCESSION NUMBER: 0001209191-09-045830 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20090923 FILED AS OF DATE: 20090925 DATE AS OF CHANGE: 20090925 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: MHR INSTITUTIONAL PARTNERS LP CENTRAL INDEX KEY: 0001098749 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-14180 FILM NUMBER: 091088519 BUSINESS ADDRESS: STREET 1: 40 WEST 57TH STREET 33RD FLOOR CITY: NEW YORK STATE: NY ZIP: 10019 MAIL ADDRESS: STREET 1: 40 WEST 57TH STREET 33RD FLOOR CITY: NEW YORK STATE: NY ZIP: 10019 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: LORAL SPACE & COMMUNICATIONS INC. CENTRAL INDEX KEY: 0001006269 STANDARD INDUSTRIAL CLASSIFICATION: RADIO & TV BROADCASTING & COMMUNICATIONS EQUIPMENT [3663] IRS NUMBER: 870748324 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 600 THIRD AVE CITY: NEW YORK STATE: NY ZIP: 10016 BUSINESS PHONE: 2126971105 MAIL ADDRESS: STREET 1: 600 THIRD AVE CITY: NEW YORK STATE: NY ZIP: 10016 FORMER COMPANY: FORMER CONFORMED NAME: LORAL SPACE & COMMUNICATIONS LTD DATE OF NAME CHANGE: 19960124 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: RACHESKY MARK H MD CENTRAL INDEX KEY: 0001194368 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-14180 FILM NUMBER: 091088520 MAIL ADDRESS: STREET 1: 40 WEST 57TH STREET, 24TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10019 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: MHR FUND MANAGEMENT LLC CENTRAL INDEX KEY: 0001277742 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-14180 FILM NUMBER: 091088516 BUSINESS ADDRESS: STREET 1: C/O O'MELVENY & MYERS LLP STREET 2: TIMES SQUARE TOWER, 7 TIMES SQUARE CITY: NEW YORK STATE: NY ZIP: 10036 BUSINESS PHONE: 212-728-5977 MAIL ADDRESS: STREET 1: C/O O'MELVENY & MYERS LLP STREET 2: TIMES SQUARE TOWER, 7 TIMES SQUARE CITY: NEW YORK STATE: NY ZIP: 10036 FORMER NAME: FORMER CONFORMED NAME: SEEMORE ADVISORS LLC DATE OF NAME CHANGE: 20040128 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: MHR Institutional Partners IIA LP CENTRAL INDEX KEY: 0001301390 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-14180 FILM NUMBER: 091088518 BUSINESS ADDRESS: STREET 1: C/O AKIN GUMP STRAUSS HAUER & FELD LLP STREET 2: 590 MADISON AVENUE CITY: NEW YORK STATE: NY ZIP: 10022 BUSINESS PHONE: 212-872-1000 MAIL ADDRESS: STREET 1: C/O AKIN GUMP STRAUSS HAUER & FELD LLP STREET 2: 590 MADISON AVENUE CITY: NEW YORK STATE: NY ZIP: 10022 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: MHR Institutional Advisors II LLC CENTRAL INDEX KEY: 0001301392 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-14180 FILM NUMBER: 091088517 BUSINESS ADDRESS: STREET 1: C/O O'MELVENY & MYERS LLP STREET 2: TIMES SQUARE TOWER, 7 TIMES SQUARE CITY: NEW YORK STATE: NY ZIP: 10036 BUSINESS PHONE: 212-728-5977 MAIL ADDRESS: STREET 1: C/O O'MELVENY & MYERS LLP STREET 2: TIMES SQUARE TOWER, 7 TIMES SQUARE CITY: NEW YORK STATE: NY ZIP: 10036 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: MHR Institutional Advisors LLC CENTRAL INDEX KEY: 0001344642 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-14180 FILM NUMBER: 091088521 BUSINESS ADDRESS: STREET 1: 40 WEST 57TH STREET, 24TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10019 BUSINESS PHONE: 2122620005 MAIL ADDRESS: STREET 1: 40 WEST 57TH STREET, 24TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10019 4 1 c90521_4x1.xml MAIN DOCUMENT DESCRIPTION X0303 4 2009-09-23 0001006269 LORAL SPACE & COMMUNICATIONS INC. LORL 0001194368 RACHESKY MARK H MD 40 WEST 57TH STREET, 24TH FLOOR NEW YORK NY 10019 1 0 1 0 0001098749 MHR INSTITUTIONAL PARTNERS LP 40 WEST 57TH STREET, 24TH FLOOR NEW YORK NY 10019 0 0 1 0 0001344642 MHR Institutional Advisors LLC 40 WEST 57TH STREET, 24TH FLOOR NEW YORK NY 10019 0 0 1 0 0001301390 MHR Institutional Partners IIA LP 40 WEST 57TH STREET, 24TH FLOOR NEW YORK NY 10019 0 0 1 0 0001301392 MHR Institutional Advisors II LLC 40 WEST 57TH STREET, 24TH FLOOR NEW YORK NY 10019 0 0 1 0 0001277742 MHR FUND MANAGEMENT LLC 40 WEST 57TH STREET, 24TH FLOOR NEW YORK NY 10019 0 0 1 0 Common Stock 15000 D Common Stock 2009-09-23 4 J 0 1608 0 A 1115318 I See Footnote Common Stock 2009-09-24 4 J 0 29 0 A 1115347 I See Footnote Common Stock 2009-09-23 4 J 0 214 0 A 149256 I See Footnote Common Stock 2009-09-24 4 J 0 3 0 A 149259 I See Footnote Common Stock 2009-09-23 4 J 0 1685 0 A 960021 I See Footnote Common Stock 2009-09-24 4 J 0 12 0 A 960033 I See Footnote Common Stock 2009-09-23 4 J 0 4245 0 A 2418628 I See Footnote Common Stock 2009-09-24 4 J 0 32 0 A 2418660 I See Footnote Common Stock 2009-09-23 4 J 0 3588 0 A 2123837 I See Footnote Common Stock 2009-09-24 4 J 0 37 0 A 2123874 I See Footnote Common Stock 2009-09-23 4 J 0 534 0 A 305538 I See Footnote Common Stock 2009-09-24 4 J 0 3 0 A 305541 I See Footnote Common Stock 2009-09-23 4 J 0 378 0 A 205475 I See Footnote Common Stock 2009-09-24 4 J 0 1 0 A 205476 I See Footnote Common Stock 851529 I See Footnote Non-Voting Common Stock 1089120 I See Footnote Non-Voting Common Stock 125922 I See Footnote Non-Voting Common Stock 540200 I See Footnote Non-Voting Common Stock 1360934 I See Footnote Non-Voting Common Stock 6389497 I See Footnote These shares are restricted stock. 12,500 of such shares have vested and 2,500 of such shares will vest on May 20, 2010. These shares are held for the account of MHR Capital Partners Master Account LP, an Anguilla, British West Indies limited partnership ("Master Account"). MHR Advisors LLC, a Delaware limited liability company ("Advisors"), is the general partner of Master Account. Mark H. Rachesky, M.D. ("Dr. Rachesky") is the managing member of Advisors. In such capacity, Dr. Rachesky may be deemed to be the beneficial owner of the shares held for the account of Master Account. MHR Fund Management LLC ("Fund Management") has an investment management agreement with Master Account pursuant to which it has the power to vote or direct the vote and to dispose or to direct the disposition of the shares held for the account of Master Account and, accordingly, Fund Management may be deemed to beneficially own the shares held for the account of Master Account. These shares are held for the account of MHR Capital Partners (100) LP, a Delaware limited partnership ("Capital Partners (100)"). Advisors is the general partner of Capital Partners (100). Dr. Rachesky is the managing member of Advisors. In such capacity, Dr. Rachesky may be deemed to be the beneficial owner of the shares held for the account of Capital Partners (100). Fund Management has an investment management agreement with Capital Partners (100) pursuant to which it has the power to vote or direct the vote and to dispose or to direct the disposition of the shares held for the account of Capital Partners (100) and, accordingly, Fund Management may be deemed to beneficially own the shares held for the account of Capital Partners (100). These shares are held for the account of MHR Institutional Partners II LP, a Delaware limited partnership ("Institutional Partners II"). MHR Institutional Advisors II LLC, a Delaware limited liability company ("Institutional Advisors II"), is the general partner of Institutional Partners II. Dr. Rachesky is the managing member of Institutional Advisors II. In such capacity, Dr. Rachesky may be deemed to be the beneficial owner of the shares held for the account of Institutional Partners II. Fund Management has an investment management agreement with Institutional Partners II pursuant to which it has the power to vote or direct the vote and to dispose or to direct the disposition of the shares held for the account of Institutional Partners II and, accordingly, Fund Management may be deemed to beneficially own the shares held for the account of Institutional Partners II. These shares are held for the account of MHR Institutional Partners IIA LP, a Delaware limited partnership ("Institutional Partners IIA"). Institutional Advisors II is the general partner of Institutional Partners IIA. Dr. Rachesky is the managing member of Institutional Advisors II. In such capacity, Dr. Rachesky may be deemed to be the beneficial owner of the shares held for the account of Institutional Partners IIA. Fund Management has an investment management agreement with Institutional Partners IIA pursuant to which it has the power to vote or direct the vote and to dispose or to direct the disposition of the shares held for the account of Institutional Partners IIA and, accordingly, Fund Management may be deemed to beneficially own the shares held for the account of Institutional Partners IIA. These shares are held for the account of MHR Institutional Partners LP, a Delaware limited partnership ("Institutional Partners"). MHR Institutional Advisors LLC, a Delaware limited liability company ("Institutional Advisors ") is the general partner of Institutional Partners. Dr. Rachesky is the managing member of Institutional Advisors. In such capacity, Dr. Rachesky may be deemed to be the beneficial owner of the shares held for the account of Institutional Partners. Fund Management has an investment management agreement with Institutional Partners pursuant to which it has the power to vote or direct the vote and to dispose or to direct the disposition of the shares held for the account of Institutional Partners and, accordingly, Fund Management may be deemed to beneficially own the shares held for the account of Institutional Partners. These shares are held for the account of MHRM LP, a Delaware limited partnership ("MHRM"). Institutional Advisors is the general partner of MHRM. Dr. Rachesky is the managing member of Institutional Advisors. In such capacity, Dr. Rachesky may be deemed to be the beneficial owner of the shares held for the account of MHRM. Fund Management has an investment management agreement with MHRM pursuant to which it has the power to vote or direct the vote and to dispose or to direct the disposition of the shares held for the account of MHRM and, accordingly, Fund Management may be deemed to beneficially own the shares held for the account of MHRM. These shares are held for the account of MHRA LP, a Delaware limited partnership ("MHRA"). Institutional Advisors is the general partner of MHRA. Dr. Rachesky is the managing member of Institutional Advisors. In such capacity, Dr. Rachesky may be deemed to be the beneficial owner of the shares held for the account of MHRA. Fund Management has an investment management agreement with MHRA pursuant to which it has the power to vote or direct the vote and to dispose or to direct the disposition of the shares held for the account of MHRA and, accordingly, Fund Management may be deemed to beneficially own the shares held for the account of MHRA. These shares are held for the account of MHR Institutional Partners III LP, a Delaware limited partnership ("Institutional Partners III"). MHR Institutional Advisors III LLC, a Delaware limited liability company ("Institutional Advisors III") is the general partner of Institutional Partners III. Dr. Rachesky is the managing member of Institutional Advisors III. In such capacity, Dr. Rachesky may be deemed to be the beneficial owner of the shares held for the account of Institutional Partners III. Fund Management has an investment management agreement with Institutional Partners III pursuant to which it has the power to vote or direct the vote and to dispose or to direct the disposition of the shares held for the account of Institutional Partners III and, accordingly, Fund Management may be deemed to beneficially own the shares held for the account of Institutional Partners III. The shares described herein were issued by the Issuer on the effective date of that certain Fourth Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code, as modified, dated as of June 3, 2005 of Loral Space & Communications, Ltd. and certain of its subsidiaries that are a party thereto (the "Plan") and are outstanding shares that were held by the Issuer in accordance with the Plan and not previously distributed, pending resolution of claims to such shares that were disputed by third parties. Following and pursuant to resolution of certain disputed claims, the Issuer distributed the shares to the Reporting Persons pursuant to the Plan. /s/ Hal Goldstein, Attorney in Fact 2009-09-25 EX-99 2 c90521_99.htm ADDITIONAL EXHIBITS Exhibit 99
         
MHR INSTITUTIONAL PARTNERS LP    
 
        
By:
  MHR Institutional Advisors LLC, its General Partner    
 
        
By:
  /s/ Hal Goldstein    
 
       
 
  Name: Hal Goldstein    
 
  Title: Vice President    
Address:  
40 West 57th Street, 24th Floor
New York, NY 10019
         
MHR INSTITUTIONAL ADVISORS LLC    
 
        
By:
  /s/ Hal Goldstein    
 
       
 
  Name: Hal Goldstein    
 
  Title: Vice President    
Address:  
40 West 57th Street, 24th Floor
New York, NY 10019
         
MHR INSTITUTIONAL PARTNERS IIA LP    
 
        
By:
  MHR Institutional Advisors II LLC, its General Partner    
 
        
By:
  /s/ Hal Goldstein    
 
       
 
  Name: Hal Goldstein    
 
  Title: Vice President    
Address:  
40 West 57th Street, 24th Floor
New York, NY 10019
         
MHR INSTITUTIONAL ADVISORS II LLC    
 
        
By:
  /s/ Hal Goldstein    
 
       
 
  Name: Hal Goldstein    
 
  Title: Vice President    
Address:  
40 West 57th Street, 24th Floor
New York, NY 10019
         
MHR FUND MANAGEMENT LLC    
 
        
By:
  /s/ Hal Goldstein    
 
       
 
  Name: Hal Goldstein    
 
  Title: Managing Principal    
Address:  
40 West 57th Street, 24th Floor
New York, NY 10019

 

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