-----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, Ib7Z/4wy+aBQ0hbaEeedS0U8AE6SLeK9tAyVeMrgvxNsBQiVLAgae5KrdGJfDjPO WDlHSxnAKYPTlhLJMhQuKg== 0001104659-09-009949.txt : 20090217 0001104659-09-009949.hdr.sgml : 20090216 20090217113255 ACCESSION NUMBER: 0001104659-09-009949 CONFORMED SUBMISSION TYPE: SC 13D/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20090217 DATE AS OF CHANGE: 20090217 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: PETERSON PETER G CENTRAL INDEX KEY: 0001070843 FILING VALUES: FORM TYPE: SC 13D/A BUSINESS ADDRESS: BUSINESS PHONE: 2129352626 MAIL ADDRESS: STREET 1: C/O THE BLACKSTONE GROUP STREET 2: 345 PARK AVE CITY: NEW YORK STATE: NY ZIP: 10154 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: LODGIAN INC CENTRAL INDEX KEY: 0001066138 STANDARD INDUSTRIAL CLASSIFICATION: HOTELS & MOTELS [7011] IRS NUMBER: 522093696 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13D/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-54947 FILM NUMBER: 09608659 BUSINESS ADDRESS: STREET 1: 3445 PEACHTREE ROAD N E SUITE 700 CITY: ATLANTA STATE: GA ZIP: 30326 BUSINESS PHONE: 4043649400 MAIL ADDRESS: STREET 1: 3445 PEACHTREE ROAD N E SUITE 700 CITY: ATLANTA STATE: GA ZIP: 30326 SC 13D/A 1 a09-5645_8sc13da.htm SC 13D/A

 

 

UNITED STATES

 

 

SECURITIES AND EXCHANGE COMMISSION

 

 

Washington, D.C. 20549

 

 

 

 

 

SCHEDULE 13D

(RULE 13D-101)

 

 

Under the Securities Exchange Act of 1934
(Amendment No. 2)

 

Lodgian, Inc.

(Name of Issuer)

 

Common Stock, Par Value $0.01 Per Share

(Title of Class of Securities)

 

54021P 20 5

(CUSIP Number)

 

Jonathan D. Gray

BRE/HY Funding L.L.C.

345 Park Avenue, 31st Floor

New York, New York 10154

(212) 583-5000

 

With a copy to:

 

Gregory Ressa, Esq.

Simpson Thacher & Bartlett LLP

425 Lexington Avenue

New York, New York 10017

(212) 455-2000

(Name, Address and Telephone Number of Person
Authorized to Receive Notices and Communications)

 

December 31, 2008

(Date of Event Which Requires Filing of this Statement)

If the filing person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of Rule 13d-1(e), 13d-1(f) or 13d-1(g), check the following box. o

Note: Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See Rule 13d-7 for other parties to whom copies are to be sent.

The information required on the remainder of this cover page shall not be deemed to be “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934 (the “Act”) or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).

 


 

CUSIP No. 54021P 20 5

 

 

1.

Name of Reporting Persons:
Peter G. Peterson

 

 

2.

Check the Appropriate Box if a Member of a Group

 

 

(a)

 o

 

 

(b)

 o

 

 

3.

SEC Use Only

 

 

4.

Source of Funds (See Instructions):
Not Applicable

 

 

5.

Check Box if Disclosure of Legal Proceedings Is Required Pursuant to Items 2(d) or 2(e):     o

 

 

6.

Citizenship or Place of Organization:
United States

 

Number of
Shares
Beneficially
Owned by
Each
Reporting
Person With

7.

Sole Voting Power:
NONE

 

8.

Shared Voting Power:
NONE

 

9.

Sole Dispositive Power:
NONE

 

10.

Shared Dispositive Power:
NONE

 

 

11.

Aggregate Amount Beneficially Owned by Each Reporting Person:
NONE

 

 

12.

Check Box if the Aggregate Amount in Row (I) Excludes Certain Shares (See Instructions):   o

 

 

13.

Percent of Class Represented by Amount in Row (11):
0%

 

 

14.

Type of Reporting Person (See Instructions):
IN

 

2


 

Explanatory Note:  This Amendment No. 2 amends and supplements the statement on Schedule 13D, filed with the Securities and Exchange Commission (the “SEC”) on December 5, 2002, as amended by Amendment No. 1 thereto filed on June 29, 2004 (as so amended, the “Schedule 13D”) with respect to the Common Stock, par value $0.01 per share (“Common Stock” or the “Shares”), of Lodgian, Inc., a Delaware corporation (the “Company”) and is being filed solely to report the effect of the previously announced retirement of Peter G. Peterson from The Blackstone Group L.P.  None of the other information in the Schedule 13D with respect to any other Reporting Person is being amended by this Amendment No. 2.  Each item below amends and supplements the information disclosed under the corresponding item of the Schedule 13D.  Unless otherwise indicated herein, terms used but not defined in this Amendment No. 2 shall have the same respective meanings herein as are ascribed to such terms in the Schedule 13D.

 

Item 2.

Identity and Background

 

Item 2 of the Schedule 13D is hereby amended to remove any reference to Peter G. Peterson and is further supplemented by the addition of the following paragraph after the penultimate paragraph thereof:

 

As previously announced, Peter G. Peterson retired from The Blackstone Group L.P. as of December 31, 2008 and effective as of that date he also withdrew as a member (and accordingly as a founding member) of BRE, whereupon all of the powers and authorities of the founding members were vested exclusively in Stephen A. Schwarzman.  Therefore Mr. Peterson will no longer be deemed to be the beneficial owner of any shares of the Common Stock of the Company and, from and after the filing of this Amendment No. 2, will no longer be a Reporting Person.

 

Item 4.

Purpose of Transaction.

 

Item 4 of the Schedule 13D is hereby amended to remove any reference to Peter G. Peterson.

 

 

Item 5.

Interest in Securities of the Issuer.

 

Items 5(a) and 5(b) of the Schedule 13D are each hereby amended to substitute the following in place of the sixth paragraph of each such item:

 

As of December 31, 2008, Peter G. Peterson is no longer a founding member of BRE and may no longer be deemed to be the beneficial owner of any Shares.

 

Item 5(e) of the Schedule 13D is hereby amended and supplemented by the following:

 

(e)   As of December 31, 2008, Peter G. Peterson ceased to be a beneficial owner of more than five percent of the Common Stock of the Company.

 

3


 

Signature

 

After reasonable inquiry and to the best of my knowledge and belief, I certify that the information in this statement is true, complete and correct.

 

 

February 17, 2009

 

Date

 


/s/ Peter G. Peterson

 

Signature

 


Peter G. Peterson

 

Name/Title

 

4

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