SC 13D 1 a04-13408_1sc13d.htm SC 13D

 

UNITED STATES

SECURITIES AND EXCHANGE
COMMISSION

Washington, D.C. 20549

 

SCHEDULE 13D

 

Under the Securities Exchange Act of 1934
(Amendment No. 1)*

SIZELER PROPERTY INVESTORS, INC.

(Name of Issuer)

 

Common Stock, Par Value $.0001 per share

(Title of Class of Securities)

 

830137-10-5

(CUSIP Number)

 

Carolyn Tiffany

First Union Real Estate Equity and Mortgage Investments

7 Bulfinch Place  Suite 500

Boston, Massachusetts 02114

(617) 570-4614

 

David J. Heymann

Post Heymann & Koffler LLP

Two Jericho Plaza, Wing A  Suite 111

Jericho, New York  11753

(516) 681-3636

(Name, Address and Telephone Number of Person
Authorized to Receive Notices and Communications)

 

November 5, 2004

(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 that is the subject of this Schedule 13D, and is filing this schedule because of §§240.13d-1(e), 240.13d-1(f) or 240.13d-1(g), check the following box. o

Note: Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See §240.13d-7 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).

 



 

CUSIP No.   

 

 

1.

Names of Reporting Persons. I.R.S. Identification Nos. of above persons (entities only)
First Union Real Estate Equity and Mortgage Investments
I.R.S. I.D. No.  34-6513657

 

 

2.

Check the Appropriate Box if a Member of a Group (See Instructions)

 

 

(a)

 o

 

 

(b)

 o

 

 

3.

SEC Use Only

 

 

4.

Source of Funds (See Instructions)
WC

 

 

5.

Check if Disclosure of Legal Proceedings Is Required Pursuant to Items 2(d) or 2(e)     o

 

 

6.

Citizenship or Place of Organization
Ohio

 

Number of
Shares
Beneficially
Owned by
Each
Reporting
Person With

7.

Sole Voting Power
892,700

 

8.

Shared Voting Power 
0

 

9.

Sole Dispositive Power 
892,700

 

10.

Shared Dispositive Power 
0

 

 

11.

Aggregate Amount Beneficially Owned by Each Reporting Person 
892,700 Shares

 

 

12.

Check if the Aggregate Amount in Row (11) Excludes Certain Shares (See Instructions)   o

 

 

13.

Percent of Class Represented by Amount in Row (11) 
6.74%

 

 

14.

Type of Reporting Person (See Instructions)
OO

 

 

2



                This Amendment No. 1 amends certain information contained in the Schedule 13Dfiled jointly by First Union Real Estate Equity and Mortgage Investments, an Ohio business trust (“First Union”), with respect to its ownership interest Sizeler Property Investors, Inc. (the “13D”).  Capitalized terms used but not defined herein have the meanings ascribed to them in the 13D.

 

         Item 5.  Interest of Securities of the Issuer.

 

         (a)   First Union directly owns 892,700 Shares representing 6.74% of the total outstanding Shares.  The foregoing is based upon 13,236,089 Shares outstanding which represents the number of shares reported outstanding in the Issuer's most recently filed report on Form 10-Q.

 

         (b)  First Union has the sole power to vote and dispose of 892,700 Shares owned by First Union.

 

         (c)   Set forth below is a description of all transactions in Shares that were effected during the past sixty days by First Union.  All such transactions were purchases effected by First Union on the open market.

 

Date

 

Number of Shares

 

Price Per Share

 

 

 

 

 

 

 

October 4, 2004

 

2,000

 

$9.02

 

October 6, 2004

 

28,100

 

$9.16

 

October 7, 2004

 

30,000

 

$9.29

 

October 8, 2004

 

19,100

 

$9.19

 

October 12, 2004

 

25,000

 

$9.21

 

October 14, 2004

 

3,000

 

$9.01

 

October 19, 2004

 

100

 

$9.15

 

October 20, 2004

 

10,900

 

$9.11

 

November 5, 2004

 

14,000

 

$9.59

 

November 10, 2004

 

44,500

 

$9.55

 

November 11, 2004

 

46,000

 

$9.55

 

 

         (d)  Not applicable

 

         (e)  Not applicable

3



 

Signature

After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct.

Date:  November 11, 2004

FIRST UNION REAL ESTATE EQUITY AND

 

 MORTGAGE INVESTMENTS

 

 

 

 

 

By:

/s/ Peter Braverman

 

 

 

Peter Braverman

 

 

President

 

4