-----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, O/FJ61OuSYhi90NC07jhZF4YSoG9JhuFfcJQ3Eoxy3ooyMzCFfLBKM/+Y3Ab5QA7 lYHY4Yove4TihspZbXhRZA== 0000921749-95-000216.txt : 19951120 0000921749-95-000216.hdr.sgml : 19951120 ACCESSION NUMBER: 0000921749-95-000216 CONFORMED SUBMISSION TYPE: SC 13D/A PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 19951115 SROS: NONE GROUP MEMBERS: GORDON ALTMAN BUTOWSKY WEITZEN SHALOV & WEIN GROUP MEMBERS: HIGH RIVER LIMITED PARTNERSHIP GROUP MEMBERS: RIVERDALE INVESTORS CORP., INC. SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: MCNEIL REAL ESTATE FUND IX LTD CENTRAL INDEX KEY: 0000276326 STANDARD INDUSTRIAL CLASSIFICATION: OPERATORS OF NONRESIDENTIAL BUILDINGS [6512] IRS NUMBER: 942491437 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13D/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-39644 FILM NUMBER: 95593702 BUSINESS ADDRESS: STREET 1: 13760 NOEL RD STE 700 STREET 2: LB70 CITY: DALLAS STATE: TX ZIP: 75240 BUSINESS PHONE: 2144485800 MAIL ADDRESS: STREET 1: 13760 NOEL ROAD SUITE 700 LB 70 CITY: DALLAS STATE: TX ZIP: 75240 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: GORDON ALTMAN BUTOWSKY WEITZEN SHALOV & WEIN CENTRAL INDEX KEY: 0000921749 STANDARD INDUSTRIAL CLASSIFICATION: [] IRS NUMBER: 132807674 STATE OF INCORPORATION: NY FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13D/A BUSINESS ADDRESS: STREET 1: 114 WEST 47TH STREET CITY: NEW YORK STATE: NY ZIP: 10036-1510 BUSINESS PHONE: 2126260800 MAIL ADDRESS: STREET 1: 114 WEST 47TH STREET CITY: NEW YORK STATE: NY ZIP: 10036-1510 SC 13D/A 1 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 1)* McNeil Real Estate Fund IX, LTD. (Name of Issuer) Limited Partnership Units (Title of Class of Securities) 582568 87 9 (CUSIP Number) Keith L. Schaitkin, Esq. Gordon Altman Butowsky Weitzen Shalov & Wein 114 West 47th Street, 20th Floor New York, New York 10036 (212) 626-0800 (Name, Address and Telephone Number of Person Authorized to Receive Notices and Communications) November 7, 1995 (Date of Event which Requires Filing of this Statement) If the filing person has previously filed a statement on Schedule 13G to report the acquisition which is the subject of this Schedule 13D, and is filing this schedule because of Rule 13d-1(b)(3) or (4), check the following box //. Check the following box if a fee is being paid with the statement //. (A fee is not required only if the reporting person: (1) has a previous statement on file reporting beneficial ownership of more than five percent of the class of securities described in Item 1; and (2) has filed no amendment subsequent thereto reporting beneficial ownership of five percent or less of such class.) (See Rule 13d-7). NOTE: Six copies of this statement, including all exhibits, should be filed with the Commission. See Rule 13d-1(a) for other parties to whom copies are to be sent. *The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page. The information required on the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes). Page 1 of Pages List of Exhibits is on Page AMENDMENT NO. 1 TO SCHEDULE 13D The undersigned hereby amends the Schedule 13D filed with the Securities and Exchange Commission on November 13, 1995 (the "Initial Filing"). Unless otherwise indicated, capitalized terms shall have the meanings set forth in the Initial Filing. This statements hereby amends the Items identified below, or the particular paragraphs of such items which are identified below. Item 7. Material to be Filed as Exhibits The Press Release filed as Exhibit 38 to the Initial Filing was a draft that was filed inadvertently and was not released. That document is hereby deleted and replaced in its entirety by the Press Release dated November 7, 1995 which is attached hereto as Exhibit 42. SIGNATURES After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statements is true, complete and correct. Dated: November 15, 1995 HIGH RIVER LIMITED PARTNERSHIP By: Riverdale Investors Corp., Inc. Title: General Partner By: /s/ Edward Mattner Edward Mattner Title: President RIVERDALE INVESTORS CORP, INC. By: /s/ Edward Mattner Edward Mattner Title: President UNICORN ASSOCIATE CORPORATION By: /s/ Edward Mattner Edward Mattner Title: President /s/ Theodore Altman Carl C. Icahn By: Theodore Altman as Attorney-in-fact [Signature Page for Amendment No. 1 to McNeil Real Estate Fund IX, LTD. Schedule 13D] EXHIBIT INDEX Page Number ___________ Exhibit 42 Press Release dated November 7, 1995 EX-99 2 FOR IMMEDIATE RELEASE Contact: Tina Simms (212) 921-3355 HIGH RIVER SUES McNEIL New York, New York, November 7, 1995 -- High River Limited Partnership ("High River"), announced today that it is filing a complaint in federal court in New York against Robert McNeil and certain of his affiliates. The complaint contains claims for waste and mismanagement and alleges that McNeil Partners, the purported general partner of various partnerships, was not properly admitted as a general partner of certain of those partnerships, but rather "took control of the partnerships...greatly increased his compensation ...and purported to insulate himself from liability for misconduct as a general partner" in violation of applicable law. The complaint seeks, among other things, an accounting of fees paid to McNeil Partners and its affiliates and the return of fees paid to such persons dating back to 1991. The complaint seeks to compel the McNeils to complete the administrative steps necessary to transfer to High River units of limited partnership interest in each of McNeil Pacific Investors Fund 1972, McNeil Real Estate Fund V, Ltd., McNeil Real Estate Fund IX, Ltd., McNeil Real Estate Fund X, Ltd., McNeil Real Estate Fund XI, Ltd., McNeil Real Estate Fund XIV, Ltd., McNeil Real Estate Fund XV, Ltd., McNeil Real Estate Fund XX, L.P., McNeil Real Estate Fund XXIV, L.P. and McNeil Real Estate Fund XXV, L.P., (collectively, the "Partnerships") which were tendered to High River pursuant to its tender offers for such units. -----END PRIVACY-ENHANCED MESSAGE-----