0000899243-16-021512.txt : 20160602
0000899243-16-021512.hdr.sgml : 20160602
20160602171112
ACCESSION NUMBER: 0000899243-16-021512
CONFORMED SUBMISSION TYPE: 4
PUBLIC DOCUMENT COUNT: 1
CONFORMED PERIOD OF REPORT: 20160531
FILED AS OF DATE: 20160602
DATE AS OF CHANGE: 20160602
ISSUER:
COMPANY DATA:
COMPANY CONFORMED NAME: BioScrip, Inc.
CENTRAL INDEX KEY: 0001014739
STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-HOME HEALTH CARE SERVICES [8082]
IRS NUMBER: 050489664
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
BUSINESS ADDRESS:
STREET 1: 1600 BROADWAY
STREET 2: SUITE 950
CITY: DENVER
STATE: CO
ZIP: 80202
BUSINESS PHONE: 720 697 5200
MAIL ADDRESS:
STREET 1: 1600 BROADWAY
STREET 2: SUITE 950
CITY: DENVER
STATE: CO
ZIP: 80202
FORMER COMPANY:
FORMER CONFORMED NAME: MIM CORP
DATE OF NAME CHANGE: 19960516
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: Coliseum Capital Partners II, L.P.
CENTRAL INDEX KEY: 0001567187
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 000-28740
FILM NUMBER: 161693340
BUSINESS ADDRESS:
STREET 1: METRO CENTER
STREET 2: 1 STATION PLACE, 7TH FLOOR SOUTH
CITY: STAMFORD
STATE: CT
ZIP: 06902-6800
BUSINESS PHONE: 203-883-0100
MAIL ADDRESS:
STREET 1: METRO CENTER
STREET 2: 1 STATION PLACE, 7TH FLOOR SOUTH
CITY: STAMFORD
STATE: CT
ZIP: 06902-6800
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: COLISEUM CAPITAL PARTNERS, L.P.
CENTRAL INDEX KEY: 0001356974
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 000-28740
FILM NUMBER: 161693341
BUSINESS ADDRESS:
STREET 1: METRO CENTER, 1 STATION PLACE
STREET 2: 7TH FLOOR SOUTH
CITY: STAMFORD
STATE: CT
ZIP: 06902
BUSINESS PHONE: 203-883-0100
MAIL ADDRESS:
STREET 1: METRO CENTER, 1 STATION PLACE
STREET 2: 7TH FLOOR SOUTH
CITY: STAMFORD
STATE: CT
ZIP: 06902
FORMER NAME:
FORMER CONFORMED NAME: COLISEUM CAPITAL PARTNERS L P
DATE OF NAME CHANGE: 20060322
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: Coliseum Capital, LLC
CENTRAL INDEX KEY: 0001409585
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 000-28740
FILM NUMBER: 161693342
BUSINESS ADDRESS:
STREET 1: 825 THIRD AVENUE
STREET 2: 36TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10022
BUSINESS PHONE: 212-488-5555
MAIL ADDRESS:
STREET 1: 825 THIRD AVENUE
STREET 2: 36TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10022
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: Shackelton Christopher S
CENTRAL INDEX KEY: 0001430708
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 000-28740
FILM NUMBER: 161693343
MAIL ADDRESS:
STREET 1: 767 THIRD AVENUE
STREET 2: 35TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10017
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: Coliseum Capital Management, LLC
CENTRAL INDEX KEY: 0001409751
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 000-28740
FILM NUMBER: 161693344
BUSINESS ADDRESS:
STREET 1: METRO CENTER
STREET 2: 1 STATION PLACE, 7TH FLOOR SOUTH
CITY: STAMFORD
STATE: CT
ZIP: 06902
BUSINESS PHONE: 203-883-0100
MAIL ADDRESS:
STREET 1: METRO CENTER
STREET 2: 1 STATION PLACE, 7TH FLOOR SOUTH
CITY: STAMFORD
STATE: CT
ZIP: 06902
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: Gray Adam
CENTRAL INDEX KEY: 0001454123
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 000-28740
FILM NUMBER: 161693339
MAIL ADDRESS:
STREET 1: 767 THIRD AVENUE
STREET 2: 35TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10017
4
1
doc4.xml
FORM 4 SUBMISSION
X0306
4
2016-05-31
0
0001014739
BioScrip, Inc.
BIOS
0001409751
Coliseum Capital Management, LLC
METRO CENTER
1 STATION PLACE, 7TH FLOOR SOUTH
STAMFORD
CT
06902
1
0
1
0
0001430708
Shackelton Christopher S
METRO CENTER
1 STATION PLACE, 7TH FLOOR,
STAMFORD
CT
06902
1
0
1
0
0001409585
Coliseum Capital, LLC
METRO CENTER
1 STATION PLACE, 7TH FLOOR,
STAMFORD
CT
06902
1
0
1
0
0001356974
COLISEUM CAPITAL PARTNERS, L.P.
METRO CENTER
1 STATION PLACE, 7TH FLOOR,
STAMFORD
CT
06902
1
0
1
0
0001567187
Coliseum Capital Partners II, L.P.
METRO CENTER
1 STATION PLACE, 7TH FLOOR,
STAMFORD
CT
06902
1
0
1
0
0001454123
Gray Adam
METRO CENTER
1 STATION PLACE, 7TH FLOOR,
STAMFORD
CT
06902
1
0
1
0
Common Stock
2016-05-31
4
M
0
10000
0.00
A
1432410
I
See Footnotes
Common Stock
2016-05-31
4
D
0
10000
2.70
D
1422410
I
See Footnotes
Phantom Stock
2.70
2016-05-31
4
M
0
10000
0.00
D
2016-05-31
2016-05-31
Common Stock
10000
0
I
See Footnote
Each share of phantom stock is the economic equivalent of one share of the Issuer's common stock (the "Common Stock"). Each share of phantom stock is entitled to a cash payment equal to the fair market value of one share of the Common Stock as of the payment date based on the closing market price of the Common Stock on such date.
The cash settlement of 10,000 shares of phantom stock is reported for purposes of Form 4 as the disposition of the phantom stock and a simultaneous acquisition and disposition of the underlying Common Stock. Each share of phantom stock is entitled to a cash payment equal to the fair market value of one share of the Common Stock as of the payment date, which was $2.70 based on the closing price of the Common Stock on May 31, 2016.
The phantom stock was received by Christopher Shackelton ("Shackelton") in connection with his service as a member of the board of directors of the Issuer. Shackelton has agreed that all equity awards he receives for serving as a director of the Issuer shall be issued to Coliseum Capital Partners, L.P. ("CCP").
The Common Stock is held directly by (a) CCP, an investment limited partnership of which Coliseum Capital, LLC, a Delaware limited liability company ("CC"), is general partner and for which Coliseum Capital Management, LLC, a Delaware limited liability company ("CCM"), serves as investment adviser, (b) Coliseum Capital Partners II, L.P. ("CCP2" and, together with CCP, the "Funds"), an investment limited partnership of which CC is general partner and for which CCM serves as investment adviser, and (c) a separate account investment advisory client of CCM (the "Separate Account").
Shackelton and Adam Gray ("Gray") are managers of and have an ownership interest in each of CCM and CC, and may be deemed to have an indirect pecuniary interest in the shares held by the Funds and the Separate Account due to CCM's right to receive performance-related fees from the Separate Account and CC's right to receive performance-related fees from the Funds. Each of Shackelton, Gray, CCP, CCP2, the Separate Account, CC and CCM disclaims beneficial ownership of these securities except to the extent of that person's pecuniary interest therein.
Following the transactions reported herein, CCP, CCP2 and the Separate Account directly owned 854,585, 221,904 and 345,921 shares of Common Stock, respectively.
Shackelton is a director of the Issuer. As a result, the following persons may be deemed directors by deputization of the Issuer solely for purposes of Section 16 of the Securities Exchange Act of 1934, as amended: CCM, CC, CCP, CCP2, and Gray.
Coliseum Capital Management, LLC, By: /s/ Chivonne Cassar, Chivonne Cassar, Attorney-in-fact
2016-06-02
Christopher Shackelton, By: /s/ Chivonne Cassar, Chivonne Cassar, Attorney-in-fact
2016-06-02
Coliseum Capital, LLC, By: /s/ Chivonne Cassar, Chivonne Cassar, Attorney-in-fact
2016-06-02
Coliseum Capital Partners, L.P., By: Coliseum Capital, LLC, its General Partner, By: /s/ Chivonne Cassar, Chivonne Cassar, Attorney-in-fact
2016-06-02
Coliseum Capital Partners II, L.P., By: Coliseum Capital, LLC, its General Partner, By: /s/ Chivonne Cassar, Chivonne Cassar, Attorney-in-fact
2016-06-02
Adam Gray, By: /s/ Chivonne Cassar, Chivonne Cassar, Attorney-in-fact
2016-06-02