0001162675-13-000007.txt : 20130809 0001162675-13-000007.hdr.sgml : 20130809 20130809171205 ACCESSION NUMBER: 0001162675-13-000007 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20130807 FILED AS OF DATE: 20130809 DATE AS OF CHANGE: 20130809 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: AUTOBYTEL INC CENTRAL INDEX KEY: 0001023364 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-COMPUTER PROGRAMMING, DATA PROCESSING, ETC. [7370] IRS NUMBER: 330711569 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 18872 MACARTHUR BLVD STREET 2: SUITE 200 CITY: IRVINE STATE: CA ZIP: 92612-1400 BUSINESS PHONE: 9492254500 MAIL ADDRESS: STREET 1: 18872 MACARTHUR BLVD STREET 2: SUITE 200 CITY: IRVINE STATE: CA ZIP: 92612-1400 FORMER COMPANY: FORMER CONFORMED NAME: AUTOBYTEL INC DATE OF NAME CHANGE: 20010905 FORMER COMPANY: FORMER CONFORMED NAME: AUTOBYTEL COM INC DATE OF NAME CHANGE: 19981230 FORMER COMPANY: FORMER CONFORMED NAME: AUTO BY TEL CORP DATE OF NAME CHANGE: 19960920 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: COGHILL CLINT D CENTRAL INDEX KEY: 0001235155 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-34761 FILM NUMBER: 131027588 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: COGHILL CAPITAL MANAGEMENT LLC CENTRAL INDEX KEY: 0001162675 STATE OF INCORPORATION: IL FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-34761 FILM NUMBER: 131027589 BUSINESS ADDRESS: STREET 1: 1 N WACKER DR STREET 2: STE 4350 CITY: CHICAGO STATE: IL ZIP: 60606 BUSINESS PHONE: 3123242000 MAIL ADDRESS: STREET 1: 1 N WACKER DR STREET 2: STE 4350 CITY: CHICAGO STATE: IL ZIP: 60606 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: CCM MASTER QUALIFIED FUND LTD CENTRAL INDEX KEY: 0001235152 STATE OF INCORPORATION: E9 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-34761 FILM NUMBER: 131027590 BUSINESS ADDRESS: STREET 1: ONE N WACKER DR STREET 2: STE 4350 CITY: CHICAGO STATE: IL ZIP: 60606 BUSINESS PHONE: 3123242031 MAIL ADDRESS: STREET 1: C/O MORGAN STANLEY FUND SERVICES (CAYMAN STREET 2: LTD CENTURY YARD CRICKET SQ HUTCHINGS DR CITY: PO BOX 2681 GEORGE TOWN STATE: E9 ZIP: 00000 FORMER NAME: FORMER CONFORMED NAME: CCM MASTER FUND LTD DATE OF NAME CHANGE: 20030522 4 1 primary_doc.xml PRIMARY DOCUMENT X0306 4 2013-08-07 0 0001023364 AUTOBYTEL INC ABTL 0001235152 CCM MASTER QUALIFIED FUND LTD C/O MORGAN STANLEY FUND SERVICES (CAYMAN LTD CENTURY YARD CRICKET SQ HUTCHINGS DR PO BOX 2681 GEORGE TOWN E9 00000 CAYMAN ISLANDS 0 0 1 0 0001162675 COGHILL CAPITAL MANAGEMENT LLC 1 N WACKER DR STE 3605 CHICAGO IL 60606 0 0 1 0 0001235155 COGHILL CLINT D 0 0 1 0 Equity Swap 4.5 2013-08-07 4 S 1 10000 6.16 D 2012-05-04 2015-05-06 ABTL Common Stock 10000 28227 D Equity Swap 4.5 2013-08-08 4 S 1 8391 6.17 D 2012-05-04 2015-05-06 ABTL Common Stock 8391 19836 D Equity Swap 4.5 2013-08-09 4 S 1 19836 6.04 D 2012-05-04 2012-05-06 ABTL Common Stock 19836 0 D These securities may be deemed to be beneficially owned by Coghill Capital Management, LLC ("CCM"), the investment manager of CCM Master Qualified Fund, Ltd. (the "Master Fund"). These securities may also be deemed to be beneficially owned by Clint Coghill, the President and majority owner of CCM. Each of CCM and Mr. Coghill disclaims beneficial ownership of the reported securities except to the extent of its pecuniary interest therein, and this report shall not be deemed an admission that such Reporting Person is the beneficial owner of the securities for purposes of Section 16 of the Securities Exchange Act of 1934, as amended, or for any other purpose. Under the terms of these total return equity swap agreements (the "Swaps") (i) CCM Master Qualified Fund, Ltd will be obligated to pay to the counterparty any capital depreciation of the reference shares as of maturity, plus interest, and (ii) the counterparty will be obligated to pay to CCM Master Qualified Fund, Ltd any capital appreciation of the reference shares as of maturity. Any dividends received by the counterparty on the reference shares during the term of the Swaps will be paid to CCM Master Qualified Fund, Ltd. All balances will be cash settled at maturity and there will be no transfer of voting or dispositive power over the reference shares. CCM Master Qualified Fund, Ltd 2013-08-09 Coghill Capital Management, LLC 2013-08-09 Clint D Coghill 2013-08-09