-----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, QzBj0P6l6kdPXoiPsvJh8079vBiJ+xmfzoGPWf6jTKkfo4UrSDCAWZ3b/vRjLQ+e tv3+xGlKZIoRADB/PXNdEw== 0001104659-06-041241.txt : 20060613 0001104659-06-041241.hdr.sgml : 20060613 20060612174820 ACCESSION NUMBER: 0001104659-06-041241 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20060608 ITEM INFORMATION: Departure of Directors or Principal Officers; Election of Directors; Appointment of Principal Officers ITEM INFORMATION: Other Events FILED AS OF DATE: 20060613 DATE AS OF CHANGE: 20060612 FILER: COMPANY DATA: COMPANY CONFORMED NAME: S&P MANAGED FUTURES INDEX FUND LP CENTRAL INDEX KEY: 0001255107 STANDARD INDUSTRIAL CLASSIFICATION: [6221] IRS NUMBER: 900080558 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-50565 FILM NUMBER: 06900760 BUSINESS ADDRESS: STREET 1: C/O REFCOFUND HOLDINGS LLC STREET 2: 200 LIBERTY STREET TOWER A CITY: NEW YORK STATE: NY ZIP: 10281 BUSINESS PHONE: 2126937000 MAIL ADDRESS: STREET 1: 200 LIBERTY STREET STREET 2: TOWER A CITY: NEW YORK STATE: NY ZIP: 10281 8-K 1 a06-13666_18k.htm 8-K

 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

FORM 8 - - K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported):  June 8, 2006

 

S&P Managed Futures Index Fund, LP

(Exact name of registrant as specified in its charter)

Delaware

 

000-50565

 

90-0080448

(State or other
jurisdiction

 

(Commission

 

(IRS Employer

 of incorporation)

 

File Number)

 

Identification Number)

 

c/o RefcoFund Holdings, LLC
One World Financial Center

200 Liberty Street — Tower A

New York, New York  10281

 

(Address of principal executive offices)

 

 

(212) 693-7000

(Registrant’s telephone number, including area code)

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

o  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a- 12)
o  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange  Act (17 CFR 240.14d-2(b))
o  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 



Item 5.02. Departure of Directors or Principal Officers; Election of Directors; Appointment of Principal Officers.

(b)  Effective June 9, 2006, Mr. Eric Simonsen resigned as Chief Financial Officer of RefcoFund Holdings, LLC, the general partner (the “General Partner”) of the S&P Managed Futures Index Fund, LP (“the Fund”).

(d)  Effective June 9, 2006, Mr. Robert Shapiro, age 56, was appointed as Chief Financial Officer of the General Partner. From 2005-2006, Mr. Shapiro was employed as Chief Investment Officer of National Investment Managers Inc. Previously, Mr. Shapiro served as Executive Vice President of American Benefit Resources Inc. (2001-2005) and President of ABR Advisors, Inc. (2002-2005). Mr. Shapiro is not involved in any related party transactions with the General Partner or any of its affiliates and is not related in any way to any officer, employee or director of the General Partner or any of its affiliates.

Item 8.01.  Other Events.

Current Status of Fund Operations.

The hearing on the proposed settlement of the adversary proceeding (the “Adversary Proceeding”) brought by the Official Committee of Unsecured Creditors of Refco, Inc. (the “Committee”) to avoid and recover approximately $312 million from the SPhinX Managed Futures Fund SPC (the “SPhinX Fund”) occurred on June 8, 2006. The bankruptcy court approved the proposed settlement at the hearing. The substantive economic provisions of the settlement include:

1.               The SPhinX Fund and its related entities will transfer approximately $263 million (the “Settlement Amount”) back to Refco Capital Markets, Ltd. (“RCM”); and

2.               The SPhinX Fund will waive any and all claims against Refco, Inc. and RCM with respect to the Settlement Amount and the original transfer of approximately $312 million from RCM to the SPhinX Fund.

Due to the settlement referred to above, the value of the Fund’s investment in the SPhinX Fund is expected to be reduced by approximately 80%. Thus the net asset value of the partnership interests in the Fund are expected to be reduced by approximately the same amount. While neither the SPhinX Fund nor PlusFunds Group Inc., its investment manager, have so informed the Fund, the Fund understands that once the temporary restraining order issued in the Adversary Proceeding is lifted by the bankruptcy court, the redemptions proceeds related to the Fund’s investment in the SPhinX Fund will be released to the Fund. Once proceeds are received from the SPhinX Fund, the current net asset value of the Fund will be calculated and the Fund will commence the process of honoring previously submitted redemptions at the then current net asset value.

In addition to the above, the Fund retained the law firm of Stevens & Lee to file an objection to the proposed settlement. Stevens & Lee filed an objection to the proposed

 



 

settlement which was heard by the bankruptcy court on June 8, 2006. At this time, Stevens & Lee will not provide any additional services to the Fund.

 



 

SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.

 

S&P Managed Futures Index Fund, LP
By: RefcoFund Holdings, LLC,
as General Partner

 

 

(Registrant)

 

 

 

 

 

By:

/s/ Richard C. Butt

Date: June 12, 2006

 

Name: Richard C. Butt

 

 

Title: President and Manager

 

 


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