0001209191-12-058364.txt : 20121218 0001209191-12-058364.hdr.sgml : 20121218 20121218171745 ACCESSION NUMBER: 0001209191-12-058364 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20121218 FILED AS OF DATE: 20121218 DATE AS OF CHANGE: 20121218 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Silberstein Andrew Mark CENTRAL INDEX KEY: 0001559072 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-14760 FILM NUMBER: 121272169 MAIL ADDRESS: STREET 1: 1251 AVENUE OF THE AMERICAS CITY: NEW YORK STATE: NY ZIP: 10020 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: RAIT Financial Trust CENTRAL INDEX KEY: 0001045425 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE INVESTMENT TRUSTS [6798] IRS NUMBER: 232919819 STATE OF INCORPORATION: MD FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 1818 MARKET STREET 2: 28TH FL CITY: PHILADELPHIA STATE: PA ZIP: 19103 BUSINESS PHONE: 2158617900 MAIL ADDRESS: STREET 1: 1818 MARKET STREET 2: 28TH FL CITY: PHILADELPHIA STATE: PA ZIP: 19103 FORMER COMPANY: FORMER CONFORMED NAME: RAIT INVESTMENT TRUST DATE OF NAME CHANGE: 20010227 FORMER COMPANY: FORMER CONFORMED NAME: RESOURCE ASSET INVESTMENT TRUST DATE OF NAME CHANGE: 19970904 4 1 doc4.xml FORM 4 SUBMISSION X0306 4 2012-12-18 0 0001045425 RAIT Financial Trust RAS 0001559072 Silberstein Andrew Mark C/O RAIT FINANCIAL TRUST 2929 ARCH ST., 17TH FL. PHILADELPHIA PA 19104 0 0 0 1 Trustee Series D Cumulative Redeemable Preferred Shares 2012-12-18 4 A 0 1000000 A Series E Cumulative Redeemable Preferred Shares 1000000 2600000 I By ARS VI Investor I, LLC Common Share Purchase Warrant 6.00 2012-12-18 4 A 0 2482750 A 2012-12-18 Common Shares of Beneficial Interest 2482750 6455150 I By ARS VI Investor I, LLC Common Share Appreciation Right 6.00 2012-12-18 4 A 0 1683916.75 A Common Shares of Beneficial Interest 1683916.75 4378183.55 I By ARS VI Investor I, LLC The Series D Cumulative Redeemable Preferred Shares are exchangeable into the issuer's Series E Cumulative Redeemable Preferred Shares in certain circumstances on a one-for-one basis, and have no expiration date. These securities were issued pursuant to the Securities Purchase Agreement (the "Purchase Agreement") dated as of October 1, 2012 among the issuer, certain subsidiaries of the issuer and ARS VI Investor I, LLC. The purchase price allocated per security is approximately $21.5685 per Series D Cumulative Redeemable Preferred Share, $0.925 per Common Share Purchase Warrant and $0.674 per Common Share Appreciation Right. The reported securities are owned directly by ARS VI Investor I, LLC (the "Investor"), a limited liability company in which the reporting person indirectly holds an equity interest. Pursuant to the Purchase Agreement, the Investor may designate a trustee on the issuer's board of trustees. The deputized trustee of the Investor is the reporting person, who serves on the issuer's board of trustees as the Investor's representative. The reporting person disclaims beneficial ownership of the reported securities except to the extent of the reporting person's pecuniary interest therein. These securities terminate on the earlier of (i) October 1, 2027 unless exercised on or prior to such date or (ii) (x) thirty (30) days following the receipt of notice by the holder thereof of a defined change of control or (y) if later, the date such change of control occurs. The Common Share Appreciation Rights are exercisable commencing on the earlier of October 1, 2014 and the occurrence of a defined change of control. The Common Share Appreciation Rights are settled in cash, not in the registrant's Common Shares of Beneficial Interest. s/ Anders F. Laren, attorney-in-fact 2012-12-18