FORM 4 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934 or Section 30(h) of the Investment Company Act of 1940 |
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Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b). |
1. Name and Address of Reporting Person*
(Street)
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2. Issuer Name and Ticker or Trading Symbol
AVALON HOLDINGS CORP [ AWX ] |
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
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3. Date of Earliest Transaction
(Month/Day/Year) 11/19/2003 | ||||||||||||||||||||||||||
4. If Amendment, Date of Original Filed
(Month/Day/Year) |
6. Individual or Joint/Group Filing (Check Applicable Line)
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Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned | ||||||||||
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1. Title of Security (Instr. 3) | 2. Transaction Date (Month/Day/Year) | 2A. Deemed Execution Date, if any (Month/Day/Year) | 3. Transaction Code (Instr. 8) | 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) | 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) | 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 7. Nature of Indirect Beneficial Ownership (Instr. 4) | |||
Code | V | Amount | (A) or (D) | Price | ||||||
Common Stock | 27,200(1) | D | ||||||||
Common Stock | 11/19/2003 | S | 40,000 | D | $2.46 | 418,846(2)(3) | I | By Constable Partners, L.P. and Constable Partners II, L.P. | ||
Common Stock | 11/19/2003 | S | 40,000 | D | $2.46 | 383,946(4)(5) | I | By Constable Partners, L.P. | ||
Common Stock | 34,900(6) | I | By Constable Partners II, L.P. |
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities) | |||||||||||||||
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1. Title of Derivative Security (Instr. 3) | 2. Conversion or Exercise Price of Derivative Security | 3. Transaction Date (Month/Day/Year) | 3A. Deemed Execution Date, if any (Month/Day/Year) | 4. Transaction Code (Instr. 8) | 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) | 6. Date Exercisable and Expiration Date (Month/Day/Year) | 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) | 8. Price of Derivative Security (Instr. 5) | 9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) | 10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 11. Nature of Indirect Beneficial Ownership (Instr. 4) | ||||
Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares |
Explanation of Responses: |
1. These securities are owned by John Constable d/b/a Constable Asset management, which is a Reporting Person. |
2. These securities may be deemed to be beneficially owned by (i) John Constable d/b/a Constable Asset Management ("John Constable"), the general partner ("GP") of Constable Group, LLC, the entity that serves as the GP of Constable Managing Partners, L.P. ("Managing") and Constable Managing Partners II, L.P. ("Managing II"). Managing serves as the GP of Constable Partners, L.P. ("Partners"), a private investment partnership. Managing II serves as the GP of Constable Partners II, L.P. ("Partners II"); (ii) Constable Group, LLC, the GP of Managing and Managing II. Managing serves as the GP of Partners. Managing II serves as the GP of Partners II; (iii) Managing, the entity that serves as the GP of Partners; and (iv) Partners, a private investment partnership. |
3. Each such Reporting Person disclaims beneficial ownership of the reported securities except to the extent of his or 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. |
4. These securities may be deemed to be beneficially owned by (i) John Constable d/b/a Constable Asset Management, the sole member of Constable Group, LLC, the entity that serves as the GP of Managing which in turn serves the GP of Partners; (ii) Constable Group, the GP of Managing, the entity which serves as the GP of Partners; (iii) Managing, the entity that serves as the GP of Partners; and (iv) Partners, a private investment partnership in whose name the shares are held. |
5. Each such Reporting Person disclaims beneficial ownership of the reported securities except to the extent of his or 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 |
6. These securities may be deemed to be beneficially owned by (i) John Constable d/b/a Constable Asset Management, the sole member of Constable Group, LLC, the entity which serves as the GP of Managing II, the entity which in turn serves as the GP of Partners II, a private investment partnership; and (ii) Constable Group, LLC, the entity that serves as GP of Managing II, the entity which in turn serves as GP of Partners II, a private investment partnership in whose name the shares are held. Each such Reporting Person disclaims beneficial ownership of the reported securities except to the extent of his or 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. |
/s/ John Constable, d/b/a Constable Asset Management | 11/21/2003 | |
** Signature of Reporting Person | Date | |
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | ||
* If the form is filed by more than one reporting person, see Instruction 4 (b)(v). | ||
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). | ||
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. | ||
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. |