-----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, A6YyJ9KM6LjICo0OkYB8n4hz4VsMdSCNmdgez2bjsX2WSzS2O33iWhkevK4Xeqpq VoWZM9I6+dpX8Zrb0EFXhg== 0001179110-07-014898.txt : 20070716 0001179110-07-014898.hdr.sgml : 20070716 20070716171941 ACCESSION NUMBER: 0001179110-07-014898 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20070713 FILED AS OF DATE: 20070716 DATE AS OF CHANGE: 20070716 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: FOG CUTTER CAPITAL GROUP INC CENTRAL INDEX KEY: 0001048566 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE INVESTMENT TRUSTS [6798] IRS NUMBER: 522081138 STATE OF INCORPORATION: MD FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 1631 SW COLUMBIA STREET CITY: PORTLAND STATE: OR ZIP: 97201 BUSINESS PHONE: 5037216500 MAIL ADDRESS: STREET 1: 1310 S W 17TH ST CITY: PORTLAND STATE: OR ZIP: 97201 FORMER COMPANY: FORMER CONFORMED NAME: WILSHIRE REAL ESTATE INVESTMENT TRUST INC DATE OF NAME CHANGE: 19971027 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: WIEDERHORN ANDREW CENTRAL INDEX KEY: 0001033016 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-23911 FILM NUMBER: 07982208 BUSINESS ADDRESS: STREET 1: C/O WILSHIRE FINANCIAL SERVICES GROUP STREET 2: 1776 SW MADISON STREET CITY: PORTLAND STATE: OR ZIP: 97205 BUSINESS PHONE: 5032235600 4 1 edgar.xml FORM 4 - X0202 4 2007-07-13 0 0001048566 FOG CUTTER CAPITAL GROUP INC FCCG.PK 0001033016 WIEDERHORN ANDREW C/O FOG CUTTER CAPITAL GROUP INC. 1410 SW JEFFERSON STREET PORTLAND OR 97201-2548 1 1 1 0 CEO Common Stock 2007-07-13 4 X 0 323189 5.6042 A 691834 D Common Stock 2007-07-13 4 X 0 100000 6.4549 A 791834 D Common Stock 1500 I By Trust Common Stock 474536 I By Spouse Common Stock 929592 I by LP Common Stock 13826 I By LLC Common Stock 188917 I By minor children Put Option (Obligation to Buy) 5.6042 2007-07-13 4 X 0 323189 0 D 2006-04-01 2006-11-30 Common Stock 323189 0 D Put Option (Obligation to Buy) 6.4549 2007-07-13 4 X 0 100000 0 D 2006-04-01 2006-11-30 Common Stock 100000 0 D Tiffany Wiederhorn is the joint owner of 323,189 shares of Common Stock reported in row 1 and 100,000 shares of Common Stock reported in row 2, received pursuant to the exercise of the put option discussed in footnotes (2), (3) and (8). By letter agreement effective July 9, 2004 between the Clarence and Joan Coleman Charitable Foundation (the "Foundation") and Andrew Wiederhorn, Mr. Wiederhorn agreed to purchase 323,189 shares of Common Stock at a price of $5.6042 upon the Foundation's exercise of its put right under the Put Agreement. By letter dated October 31, 2006, the Foundation exercised its put right under the Put Agreement with respect to all of the shares. By letter agreement effective July 9, 2004 between the Clarence and Joan Coleman Charitable Foundation (the "Foundation") and Andrew Wiederhorn, Mr. Wiederhorn agreed to purchase 100,000 shares of Common Stock at a price of $6.4549 upon the Foundation's exercise of its put right under the Put Agreement. By letter dated October 31, 2006, the Foundation exercised its put right under the Put Agreement with respect to all of the shares. These shares are held by the Andrew and Tiffany Wiederhorn Revocable Trust Account (dated 9/22/87). The reporting person disclaims beneficial ownership of these securities and this report shall not be deemed to be an admission that the reporting person is the beneficial owner of the said securities for the purposes of Section 16 or any other purpose. These securities are held by TTMM, LP, a partnership controlled by the spouse of the reporting person. TTMM, LP owns 49.619% of the interests of WM Starlight Investments, LLC. These securities are held by WM Starlight Investments, LLC. The spouse of the reporting person is the managing member and owner of 50.381% of the interest of WM Starlight Investments, LLC. TTMM, LP is the owner of the remaining interests. Tiffany Wiederhorn is the joint owner of 423,189 shares of Common Stock received pursuant to the exercise of the put option discussed in footnotes (1), (2) and (3) reported as directly owned by Mr. Wiederhorn in rows 1 and 2. /s/ Michael S. Angell, as attorney-in-fact for Andrew A. Wiederhorn 2007-07-16 -----END PRIVACY-ENHANCED MESSAGE-----