-----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, QDBJvxRdPIPvs4PFihqNDsqzPQ2+xJtWU7B+j8vx64tFbqNKD6rzYAutZfZjOl9f pgTgH5TKVULmec4a3t9fXg== 0001005477-08-003013.txt : 20080418 0001005477-08-003013.hdr.sgml : 20080418 20080418112607 ACCESSION NUMBER: 0001005477-08-003013 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20080328 FILED AS OF DATE: 20080418 DATE AS OF CHANGE: 20080418 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: MTM Technologies, Inc. CENTRAL INDEX KEY: 0000906282 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-COMPUTER INTEGRATED SYSTEMS DESIGN [7373] IRS NUMBER: 133354896 STATE OF INCORPORATION: NY FISCAL YEAR END: 0331 BUSINESS ADDRESS: STREET 1: 1200 HIGH RIDGE ROAD CITY: STAMFORD STATE: CT ZIP: 06905 BUSINESS PHONE: 203-975-3700 MAIL ADDRESS: STREET 1: 1200 HIGH RIDGE ROAD CITY: STAMFORD STATE: CT ZIP: 06905 FORMER COMPANY: FORMER CONFORMED NAME: MICROS TO MAINFRAMES INC DATE OF NAME CHANGE: 19930527 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Phillips Sterling CENTRAL INDEX KEY: 0001431809 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-22122 FILM NUMBER: 08763776 BUSINESS ADDRESS: BUSINESS PHONE: 203-429-2200 MAIL ADDRESS: STREET 1: PEQUOT CAPITAL MANAGEMENT, INC. STREET 2: 500 NYALA FARM ROAD CITY: WESTPORT STATE: CT ZIP: 06880 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: POCH GERALD A CENTRAL INDEX KEY: 0001144383 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-22122 FILM NUMBER: 08763777 MAIL ADDRESS: STREET 1: 500 NYALA FARM ROAD CITY: WESTPORT STATE: CT ZIP: 06880 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: PEQUOT CAPITAL MANAGEMENT INC CENTRAL INDEX KEY: 0001071955 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-22122 FILM NUMBER: 08763778 BUSINESS ADDRESS: STREET 1: 500 NYALA FARM ROAD CITY: WESTPORT STATE: CT ZIP: 06880 BUSINESS PHONE: 2034292200 MAIL ADDRESS: STREET 1: 500 NYALA FARM ROAD CITY: WESTPORT STATE: CT ZIP: 06880 FORMER NAME: FORMER CONFORMED NAME: PEQUOT CAPITAL MANAGEMENT INC/CT/ DATE OF NAME CHANGE: 19981118 4 1 edgar123.xml FORM 4 X0202 4 2008-03-28 0 0000906282 MTM Technologies, Inc. MTMC 0001071955 PEQUOT CAPITAL MANAGEMENT INC 500 NYALA FARM ROAD WESTPORT CT 06880 0 0 0 1 See Footnote 1 0001144383 POCH GERALD A 500 NYALA FARM ROAD WESTPORT CT 06880 1 0 0 0 0001431809 Phillips Sterling 500 NYALA FARM ROAD WESTPORT CT 06880 1 0 0 0 8.5% Subordinated Promissory Notes 0.561 2008-03-28 4 J 0 2500000 2500000 D 2008-02-28 Preferred Stock 4456328 0 I Investment Adviser 8.5% Subordinated Promissory Notes 0.561 2008-03-28 4 J 0 2500000 2500000 A 2008-03-28 Preferred Stock 4456328 4456328 I Investment Adviser Pequot Capital Management, Inc. ("Pequot") is an investment advisor registered under Section 203 of the Investment Advisers Act of 1940 and has voting and investment power with respect to securities in its clients' accounts. Pequot disclaims any obligation to file this report, and this report shall not be deemed an admission that Pequot is subject to Section 16 of the Securities and Exchange Act of 1934 (the "Exchange Act") with respect to the Issuer of such securities. Gerald A. Poch and Sterling Phillips are employees of Pequot and serve on the Board of Directors of the Issuer and each disclaims beneficial ownership of these securities except to the extent of their pecuniary interest. Pequot disclaims beneficial ownership of these securities, and this report shall not be deemed an admission that Pequot is, for the purposes of Section 16 of the Exchange Act or otherwise, the beneficial owner of such securities. The 8.5% Subordinated Promissory Notes dated February 28, 2008 (the "February 28, 2008 Notes") were cancelled effective March 28, 2008 and replaced by Amended and Restated 8.5% Subordinated Promissory Notes dated March 28, 2008 (the "March 28, 2008 Notes"). The February 28, 2008 Notes, details of which were previously filed on a Form 4 with the Securities and Exchange Commission on March 3, 2008, were convertible into 4,456,328 shares of Preferred Stock of the Issuer at a conversion price of $0.561 per share. The March 28, 2008 Notes replace the February 28, 2008 Notes and may be converted into Preferred Stock of the Issuer on the same terms as the February 28, 2008 Notes. However, the March 28, 2008 Notes have different maturity dates than the February 28, 2008 Notes and interest and principal on the March 28, 2008 Notes is due as follows: an aggregate principal payment of $750,000 is due on December 28, 2008 and the remainder of the March 28, 2008 Notes will mature on March 28, 2009. Interest on the March 28, 2008 Notes shall be due and payable in cash, or at the option of the Issuer, in shares of the series of Preferred Stock of the Issuer next designated by the Issuer after the date hereof, at a price of $0.561 per share. Aryeh Davis, GC & Secretary, Pequot Capital Management, Inc. 2008-04-18 Gerald A. Poch, Director (1) 2008-04-18 Sterling Phillips, Director (1) 2008-04-18 -----END PRIVACY-ENHANCED MESSAGE-----