-----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, Ua+9AsX57RlAZwm9aRHHUPqyrmIjI0scmw55BKLmyc7g1XBI8XUZfyBOW685GqFa F/zCSE9kF4/8HCzwG9m/Xw== 0000919574-01-500589.txt : 20010711 0000919574-01-500589.hdr.sgml : 20010711 ACCESSION NUMBER: 0000919574-01-500589 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20010531 FILED AS OF DATE: 20010710 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: FIRST UNION REAL ESTATE EQUITY & MORTGAGE INVESTMENTS CENTRAL INDEX KEY: 0000037008 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE INVESTMENT TRUSTS [6798] IRS NUMBER: 346513657 STATE OF INCORPORATION: OH FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: SEC FILE NUMBER: 001-06249 FILM NUMBER: 1678416 BUSINESS ADDRESS: STREET 1: 551 FIFTH AVE STREET 2: STE 1416 CITY: NEW YORK STATE: NY ZIP: 10176 BUSINESS PHONE: 2129051104 MAIL ADDRESS: STREET 1: 551 FIFTH AVE STREET 2: SUITE 1416 CITY: NEW YORK STATE: NY ZIP: 10176 FORMER COMPANY: FORMER CONFORMED NAME: FIRST UNION REALTY DATE OF NAME CHANGE: 19691012 COMPANY DATA: COMPANY CONFORMED NAME: EMBRY TALTON R CENTRAL INDEX KEY: 0001025165 STANDARD INDUSTRIAL CLASSIFICATION: [] DIRECTOR FILING VALUES: FORM TYPE: 4 BUSINESS ADDRESS: STREET 1: C/O MAGTEN ASSET MANAGEMENT CORP STREET 2: 35 EAST 21ST ST CITY: NEW YORK STATE: NY ZIP: 10010 BUSINESS PHONE: 2125296600 MAIL ADDRESS: STREET 1: C/O MAGTEN ASSET MANAGEMENT CORP STREET 2: 35 EAST 21ST ST CITY: NEW YORK STATE: NY ZIP: 10010 4 1 cm01651001bd7.txt UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 4 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP ( ) Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b). 1. Name and Address of Reporting Person Talton R. Embry c/o Magten Asset Management Corp. 35 E. 21st St. New York, New York 2. Issuer Name and Ticker or Trading Symbol First Union Real Estate Equity and Mortgage Investments FUR 3. IRS Number of Reporting Person (Voluntary) 4. Statement for Month/Year 5/01 5. If Amendment, Date of Original (Month/Year) 6. Relationship of Reporting Person(s)to Issuer (Check all applicable) (X) Director (X) 10% Owner* ( ) Officer (give title below) ( ) Other (specify below) 7. Individual or Joint/Group Filing (check Applicable Line) X Form filed by One Reporting Person Form filed by More than One Reporting Person
TABLE I -- NON-DERIVATIVE SECURITIES ACQUIRED, DISPOSED OF, OR BENEFICIALLY OWNED 1. Title of Security| 2. Transaction| 3. Transaction| 4. Securities | 5. Amount of | 6. Ownership |7. Nature of | (Instr. 3) | Date | Code | Acquired (A) | Securities | Form: | Indirect | | | (Instr. 8) | or Disposed | Beneficially | Direct (D) | Beneficial| | (Month/ | | of (D) | Owned at End | or Indirect| Ownership | | Day/ | | (Instr. 3,4, | of Month | (I) | (Instr. 4)| | Year) | | and 5) | (Instr. 3 and 4)| (Instr. 4) | | | | | | |(A) or| | | | | | | Code | V | Amount|(D) |Price| | | | _________________________________________________________________________________________________________________________________ Common Stock 5/31/01 J** 67,118 D ** 4,607,440 I ***
TABLE II -- DERIVATIVE SECURITIES ACQUIRED, DISPOSED OF, OR BENEFICIALLY OWNED 1. Title of | 2. Conver- | 3. Trans- | 4. Trans- | 5. Number of | 6. Date Exer- | 7. Title and Amount | Derivative | sion or | action | action | Derivative | cisable and | of Underlying | Security | Exercise | Date | Code | Securities | Expiration | Securities | (Instr. 3) | Price of | (Month/ | (Instr. | Acquired | Date | (Instr. 3 and 4) | | Deri- | Date/ | 8) | (A) or | (Month/Day/ | | | vative | Year) | | Disposed of | Year) | | | Security | | | (D) (Instr. | | | | | | | 3, 4 and 5) | | | | | |____________|_________________|___________________|_____________________| | | | | | | | | | | | | | | | | | | Date | Expira- | | Amount or | | | | | | | | Exer- | tion | | Number of | | | | Code | V | (A) | (D) | cisable | Date | Title | Shares | ___________________|_____________|____________|______|_____|________|________|_________|_________|________|____________|
| 8. Price of | 9. Number of | 10. Ownership | 11. Nature of | | Derivative | derivative | Form of | Indirect | | Security | Securities | Derivative | Beneficial | | (Instr. 5) | Benefi- | Security | Ownership | | | cially | Direct (D) | (Instr. 4) | | | Owned at | or Indirect | | | | End of | (I) (Instr. | | | | Month | 4) | | | | (Instr. 4) | | | |_______________________|___________________|___________________|_________________|
Explanation of Responses: * The Reporting Person is the managing director of an investment adviser registered under Section 203 of the Investment Advisers Act of 1940 which has voting power and investment power with respect to securities in its clients' accounts. The Reporting Person is a member of the board of directors of the issuer. This report shall not be deemed an admission that the Reporting Person is subject to Section 16 with respect to such securities. ** On May 31, 2001, Magten distributed in kind 67,118 shares of the Issuer's Common Stock to an investment advisory client. *** The amount of securities shown in columns 4 and 5 of Table I of this Form 4 is owned beneficially either by the Reporting Person's minor children, pension trusts for the benefit of current and former employees of Magten or discretionary accounts managed by Magten. The Reporting Person disclaims beneficial ownership of the securities held by his minor children and the discretionary accounts managed by Magten for purposes of Section 16 or for any other purpose. The Reporting Person disclaims beneficial ownership of the securities owned by the pension trusts for the benefit of current and former employees of Magten for Section 16 or for any other purpose, except to the extent of the Reporting Person's pro rata interest in such securities. Signature of Reporting Person: /s/ Talton R. Embry __________________________ Date: July 9, 2001 **** Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See U.S.C. 1001 and 15 U.S.C. 78ff(a). Note: File three copies of this Form, one of which must be manually signed. If space is sufficient, see Instruction 6 for procedure. 01651001.BD7 -----END PRIVACY-ENHANCED MESSAGE-----