-----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, CYysQ7myM40BQ2bJyy07oWSGKbxkL6Y6AmKjfzf/KLbYo3nPcUe7vnhLSfBshEyq lNcVbBkBuD7iOXfNDPankw== 0001209191-07-009625.txt : 20070213 0001209191-07-009625.hdr.sgml : 20070213 20070213112819 ACCESSION NUMBER: 0001209191-07-009625 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20070212 FILED AS OF DATE: 20070213 DATE AS OF CHANGE: 20070213 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 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Key Colony Management, LLC CENTRAL INDEX KEY: 0001336885 STATE OF INCORPORATION: AR FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-14537 FILM NUMBER: 07606911 BUSINESS ADDRESS: STREET 1: 10825 FINANCIAL CENTRE PARKWAY STREET 2: SUITE 100 CITY: LITTLE ROCK STATE: AR ZIP: 72211 BUSINESS PHONE: 501-219-2003 MAIL ADDRESS: STREET 1: 10825 FINANCIAL CENTRE PARKWAY STREET 2: SUITE 100 CITY: LITTLE ROCK STATE: AR ZIP: 72211 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: KEY COLONY FUND LP CENTRAL INDEX KEY: 0001107345 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-14537 FILM NUMBER: 07606912 BUSINESS ADDRESS: STREET 1: 10825 FINANCIAL CENTRE PKWY, SUITE 100 CITY: LITTLE ROCK STATE: AR ZIP: 72211 BUSINESS PHONE: 5012192003 MAIL ADDRESS: STREET 1: P.O. BOX 24520 CITY: LITTLE ROCK STATE: AR ZIP: 72221 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: LIEBLONG ALEX R CENTRAL INDEX KEY: 0001221852 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-14537 FILM NUMBER: 07606913 BUSINESS ADDRESS: STREET 1: 210 E. ELM STREET CITY: EL DORADO STATE: AR ZIP: 71730 BUSINESS PHONE: 8708816411 MAIL ADDRESS: STREET 1: 210 E. ELM STREET STREET 2: P. O. BOX 7200 CITY: EL DORADO STATE: AR ZIP: 71730 4 1 doc4.xml FORM 4 SUBMISSION X0202 4 2007-02-12 0 0001066138 LODGIAN INC LGN 0001221852 LIEBLONG ALEX R 10825 FINANCIAL CENTRE PARKWAY SUITE 100 LITTLE ROCK AR 72211 1 0 1 0 0001107345 KEY COLONY FUND LP 10825 FINANCIAL CENTRE PARKWAY SUITE 100 LITTLE ROCK AR 72211 0 0 1 0 0001336885 Key Colony Management, LLC 10825 FINANCIAL CENTRE PARKWAY SUITE 100 LITTLE ROCK AR 72211 0 0 1 0 Common Stock 2007-02-12 4 A 0 8000 0.00 A 8000 D Common Stock 2875900 I Indirect Common Stock 8500 I Indirect Mr. Lieblong, along with the other non executive Lodgian board members, was granted 8,000 shares of restricted stock on February 12, 2007 as compensation for board service during 2006 and 2007. The shares will vest in three equal annual installments beginning on January 30, 2008. The shares will be governed pursuant to the Lodgian, Inc. Amended and Restated 2002 Stock Incentive Plan. This report is filed jointly by the following entities and individuals, which may be deemed to be direct or indirect 10% owners and members of a "group" for purposes of Section 13(d) of the Securities Exchange Act of 1034: Key Colony Fund, LP, Key Colony Management, LLC and Alex R. Lieblong. Mr. Lieblong is a director of Lodgian, Inc. These shares are owned directly by Key Colony Fund, LP and indirectly by Key Colony Management, LLC, as general partner of Key Colony Fund, LP. The managing member of Key Colony Management, LLC is Alex R. Lieblong, who holds voting and dispositive power for the shares held by Key Colony Management, LLC. Each of Key Colony Management, LLC and Mr. Lieblong disclaims beneficial ownership of these shares except to the extent of its or his pecuniary interest therein. These shares are owned directly by Lieblong & Associates, Inc. and indirectly by Alex R. Lieblong, as the sole shareholder of Lieblong & Associates, Inc. s/ Daniel E. Ellis, as attorney-in fact for Alex R. Lieblong, Key Colony Fund, LP and Key Colony Management, LLC 2007-02-12 Daniel E. Ellis, as attorney-in-fact 2007-02-12 Daniel E. Ellis, as attorney-in-fact 2007-02-12 EX-24.4_172116 2 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 Daniel E. Ellis 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 Lodgian, Inc., a Delaware 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 12th day of February, 2007. ALEX R. LIEBLONG KEY COLONY FUND LP KEY COLONY MANAGEMENT, LLC s/ Alex R. Lieblong Signature Alex R. Lieblong Print Name STATE OF ARKANSAS COUNTY OF PULASKI On this 12 th day of February, 2007, Alex R. Lieblong 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. Rebecca J. Gaston Notary Public 6-5-2008 My Commission Expires: -----END PRIVACY-ENHANCED MESSAGE-----