-----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, Mq3FZCmmlg8n8pIuyTRhfe5jSF/Khx5XASfzdTVrgjZxSak0qHJHLFdrt/X1ce+n 5dA9hEmqSODiWl7EGUp3yQ== 0001012975-08-000085.txt : 20080618 0001012975-08-000085.hdr.sgml : 20080618 20080618141709 ACCESSION NUMBER: 0001012975-08-000085 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20080616 FILED AS OF DATE: 20080618 DATE AS OF CHANGE: 20080618 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: 08905379 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: 08905380 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: 08905381 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 edgar.xml PRIMARY DOCUMENT X0202 4 2008-06-16 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 .341 2008-06-16 4 P 0 250000.00 250000.00 A 2008-06-16 Preferred Stock 93390 93390 I Investment Advisor Preferred Stock Warrants (right to buy) .3875 2008-06-16 4 P 0 64516 0 A 2008-06-16 Preferred Stock 64516 64516 I Investment Advisor 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 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 each serves 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 (the "June 16, 2008 Notes") will mature on December 15, 2009. Interest and principal on the June 16, 2008 Notes are due and payable in cash. However, the Issuer has the option to pay the interest on the June 16, 2008 Notes in shares of the series of Preferred Stock of the Issuer next designated by the Issuer after the date hereof, at a price of $0.341 per share, for a total of up to 93,390 shares of Preferred Stock. The Warrants were received as part of the consideration issued by the Issuer in exchange for the face value of the June 16, 2008 Notes. The Warrants are immediately exercisable into 64,516 shares of Preferred Stock upon the Issuer's designation of the next series of its Preferred Stock, and at any time thereafter prior to June 16, 2012 at an exercise price of $0.3875 per share of Preferred Stock. The exercise price of the Warrants is subject to adjustment for stock splits, stock dividends and similar events. Cashless exercise is permitted. /s/ Aryeh Davis, GC and Secretary, Pequot Capital Management, Inc. 2008-06-18 /s/ Gerald A. Poch, Director (1) 2008-06-18 /s/ Sterling Phillips, Director (1) 2008-06-18 -----END PRIVACY-ENHANCED MESSAGE-----