FORM 3 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934 or Section 30(h) of the Investment Company Act of 1940 |
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1. Name and Address of Reporting Person*
(Street)
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2. Date of Event Requiring Statement
(Month/Day/Year) 12/29/2003 |
3. Issuer Name and Ticker or Trading Symbol
FIRST UNION REAL ESTATE EQUITY & MORTGAGE INVESTMENTS [ FUR ] |
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4. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
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5. If Amendment, Date of Original Filed
(Month/Day/Year) |
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6. Individual or Joint/Group Filing (Check Applicable Line)
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Table I - Non-Derivative Securities Beneficially Owned | |||
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1. Title of Security (Instr. 4) | 2. Amount of Securities Beneficially Owned (Instr. 4) | 3. Ownership Form: Direct (D) or Indirect (I) (Instr. 5) | 4. Nature of Indirect Beneficial Ownership (Instr. 5) |
Shares of Beneficial Interest, par value $1.00 per share | 5,000,000(2) | I | See Footnote(1)(2)(3) |
Shares of Preferred Series A Beneficial Interest | 2,000(4) | I | See Footnote(4) |
Table II - Derivative Securities Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities) | |||||||
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1. Title of Derivative Security (Instr. 4) | 2. Date Exercisable and Expiration Date (Month/Day/Year) | 3. Title and Amount of Securities Underlying Derivative Security (Instr. 4) | 4. Conversion or Exercise Price of Derivative Security | 5. Ownership Form: Direct (D) or Indirect (I) (Instr. 5) | 6. Nature of Indirect Beneficial Ownership (Instr. 5) | ||
Date Exercisable | Expiration Date | Title | Amount or Number of Shares |
1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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Explanation of Responses: |
1. This statement is filed as a joint report pursuant to Rule 16a-3(j) promulgated under the Securities Exchange Act of 1934 (the "Act") by the undersigned Reporting Person and by the entities listed on the attached Joint Filer Information Sheet who are deemed to constitute a "group" beneficially owning more than 10% of the Issuer' shares of beneficial interest, par value $1.00 per share (the "Common Stock") under Section 13(d) of the Act. |
2. FUR Holdings LLC ("Holdings") is the sole member of FUR Investors LLC ("Investors"), WEM-FUR Investors LLC ("WEM") is the managing member of Holdings and Michael L. Ashner is the managing member of WEM and the Chief Executive Officer of the Issuer. Accordingly, for purposes of Section 16 of the Act, Holdings, WEM and Mr. Ashner may be deemed to beneficially own any securities held by reported herein which are held by Investors. Further, WEM holds a 35% interest in Holdings and Mr. Ashner holds a 71.43% interest in WEM and, accordingly, for purposes of Section 16 of the Act, Holdings, WEM and Mr. Ashner may be deemed to own a 100%, 35% and 25% beneficial interest, respectively, in any securities reported herein which are held by Investors. |
3. All shares are held by Investors. Holdings, WEM and Mr. Ashner do not hold any shares of Beneficial Interest in the Issuer. Accordingly, in accordance with the ownership percentages set forth in footnote (1) above, for purposes of Section 16 of the Act: (i) Investors beneficially owns the number of shares of Beneficial Interest listed as held by it, (ii) Holdings beneficially owns the number of shares of Beneficial Interest listed by Investors as held by Investors, (iii) WEM beneficially owns 1,750,000 shares of Beneficial Interest, and (iii) Mr. Ashner beneficially owns 1,250,000 shares of Beneficial Interest. |
4. 1,125 shares are held in an individual retirement account for the benefit of Michael L. Ashner and 875 shares are held in an individual retirement account for the benefit of Susan Ashner, Michael L. Ashner's spouse. Shares are convertible into shares of the Company's common shares of beneficial interest at a rate of approximately five common shares for each preferred share. |
Michael L. Ashner | 01/02/2004 | |
** Signature of Reporting Person | Date | |
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | ||
* If the form is filed by more than one reporting person, see Instruction 5 (b)(v). | ||
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 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 insufficient, see Instruction 6 for procedure. | ||
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. |