-----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, EyYoC/6iEbrsXodpVbl7K5/IA0rolfZBY6Gr+/t9SQD2NfJQwVzR/bE7VRdWyusN 7xHcbJ2iuqg/CoMPcBFigQ== 0001209191-04-016883.txt : 20040322 0001209191-04-016883.hdr.sgml : 20040322 20040322163122 ACCESSION NUMBER: 0001209191-04-016883 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040319 FILED AS OF DATE: 20040322 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: MCTAVISH KEVIN C CENTRAL INDEX KEY: 0001208788 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-14537 FILM NUMBER: 04682781 BUSINESS ADDRESS: STREET 1: 5400 LBJ FREEWAY STREET 2: STE 1470 CITY: DALLAS STATE: TX ZIP: 75230 BUSINESS PHONE: 9729828653 ISSUER: 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 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 4 1 doc4.xml FORM 4 SUBMISSION X0201 4 2004-03-19 0 0001066138 LODGIAN INC LGN 0001208788 MCTAVISH KEVIN C 3445 PEACHTREE ROAD, N.E. ATLANTA GA 30326 1 0 0 0 Common stock 2004-03-19 4 P 0 2000.0000 5.5000 A 7000.0000 D Common stock 2004-03-19 4 P 0 5000.0000 5.5000 A 12000.0000 I By partnership Common stock 2004-03-19 4 P 0 1500.0000 5.5000 A 13500.0000 I By son Common stock 2004-03-19 4 P 0 500.0000 5.4500 A 14000.0000 I By son Common stock 2004-03-19 4 P 0 2000.0000 5.5000 A 16000.0000 I By daughter Common stock 2004-03-19 4 P 0 2000.0000 5.5000 A 18000.0000 I By daughter Common stock 2004-03-22 4 P 0 5000.0000 5.5000 A 23000.0000 I By partnership On March 19, 2004, reporting person puchased 2,000 shares of common stock as part of his SEP IRA account. These shares were purchased by MAC Partners, LLC. Reporting person owns 50% of MAC Partners, LLC and could therefore be deemed to be the beneficial owner of such securities. Reporting person disclaims beneficial ownership of the reported securities, except to the extent of his pecuniary interest therein, and this report shall not be deemed an admission that reporting person is the beneficial owner of such securities for purposes of section 16 or for any other purpose. Reporting person disclaims beneficial ownership of these securities, and this report should not be deemed an admission that the reporting person is the beneficial owner of such securities for purposes of Section 16 or for any other purpose. /s/ Daniel E. Ellis, attorney-in-fact 2004-03-22 EX-24.4_35811 3 poa.txt POA DOCUMENT LIMITED POWER OF ATTORNEY FOR SECTION 16 REPORTING OBLIGATIONS Know all by these presents, that the undersigned's hereby makes, constitutes and appoints ________ as the undersigned's true and lawful attorney-in-fact, with full power and authority as hereinafter described on behalf of and in the name, place and stead of the undersigned to: (1) prepare, execute, acknowledge, deliver and file Forms 3, 4, and 5 (including any amendments thereto) with respect to the securities of __________________, a _________ corporation (the "Company"), with the United States Securities and Exchange Commission, any national securities exchanges and the Company, as considered necessary or advisable under Section 16(a) of the Securities Exchange Act of 1934 and the rules and regulations promulgated thereunder, as amended from time to time (the "Exchange Act"); (2) seek or obtain, as the undersigned's representative and on the undersigned's behalf, information on transactions in the Company's securities from any third party, including brokers, employee benefit plan administrators and trustees, and the undersigned hereby authorizes any such person to release any such information to the undersigned and approves and ratifies any such release of information; and (3) perform any and all other acts which in the discretion of such attorney-in-fact are necessary or desirable for and on behalf of the undersigned in connection with the foregoing. The undersigned acknowledges that: (1) this Power of Attorney authorizes, but does not require, such attorney-in-fact to act in their discretion on information provided to such attorney-in-fact without independent verification of such information; (2) any documents prepared and/or executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney will be in such form and will contain such information and disclosure as such attorney-in-fact, in his or her discretion, deems necessary or desirable; (3) neither the Company nor such attorney-in-fact assumes (i) any liability for the undersigned's responsibility to comply with the requirement of the Exchange Act, (ii) any liability of the undersigned for any failure to comply with such requirements, or (iii) any obligation or liability of the undersigned for profit disgorgement under Section 16(b) of the Exchange Act; and (4) this Power of Attorney does not relieve the undersigned from responsibility for compliance with the undersigned's obligations under the Exchange Act, including without limitation the reporting requirements under Section 16 of the Exchange Act. The undersigned hereby gives and grants the foregoing attorney-in-fact full power and authority to do and perform all and every act and thing whatsoever requisite, necessary or appropriate to be done in and about the foregoing matters as fully to all intents and purposes as the undersigned might or could do if present, hereby ratifying all that such attorney-in-fact of, for and on behalf of the undersigned, shall lawfully do or cause to be done by virtue of this Limited Power of Attorney. This Power of Attorney shall remain in full force and effect until revoked by the undersigned in a signed writing delivered to such attorney-in-fact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this _______ day of ___________, ___________. _________________________________ Signature _________________________________ Print Name STATE OF COUNTY OF On this ___________ day of ____________, ______________, ________________ personally appeared before me, and acknowledged that s/he executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. _________________________________ Notary Public _________________________________ My Commission Expires: -----END PRIVACY-ENHANCED MESSAGE-----