-----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, E1kiIfukZtHSkglUUCDtV6XrFraLxcXgpLyHekrVEtqh1R/dh/qMReQe+0w9kY35 QZhsJH2Unm4/Strxrslfbw== 0000903423-09-000093.txt : 20090210 0000903423-09-000093.hdr.sgml : 20090210 20090210192717 ACCESSION NUMBER: 0000903423-09-000093 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20081231 FILED AS OF DATE: 20090210 DATE AS OF CHANGE: 20090210 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: HERTZ GLOBAL HOLDINGS INC CENTRAL INDEX KEY: 0001364479 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-AUTO RENTAL & LEASING (NO DRIVERS) [7510] IRS NUMBER: 000000000 BUSINESS ADDRESS: STREET 1: 225 BRAE BOULEVARD CITY: PARK RIDGE STATE: NJ ZIP: 07656 BUSINESS PHONE: 201-307-2000 MAIL ADDRESS: STREET 1: 225 BRAE BOULEVARD CITY: PARK RIDGE STATE: NJ ZIP: 07656 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: BANK OF AMERICA CORP /DE/ CENTRAL INDEX KEY: 0000070858 STANDARD INDUSTRIAL CLASSIFICATION: NATIONAL COMMERCIAL BANKS [6021] STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-33139 FILM NUMBER: 09587255 BUSINESS ADDRESS: STREET 1: BANK OF AMERICA CORPORATE CENTER STREET 2: 100 N TRYON ST CITY: CHARLOTTE STATE: NC ZIP: 28255 BUSINESS PHONE: 7043868486 MAIL ADDRESS: STREET 1: BANK OF AMERICA CORPORATE CENTER STREET 2: 100 N TRYON ST CITY: CHARLOTTE STATE: NC ZIP: 28255 FORMER NAME: FORMER CONFORMED NAME: BANKAMERICA CORP/DE/ DATE OF NAME CHANGE: 19981022 FORMER NAME: FORMER CONFORMED NAME: NATIONSBANK CORP DATE OF NAME CHANGE: 19920703 FORMER NAME: FORMER CONFORMED NAME: NCNB CORP DATE OF NAME CHANGE: 19920107 4 1 boahertzf-4_0210ex.xml X0303 4 2008-12-31 0 0001364479 HERTZ GLOBAL HOLDINGS INC HTZ 0000070858 BANK OF AMERICA CORP /DE/ BANK OF AMERICA CORPORATE CENTER 100 N TRYON ST CHARLOTTE NC 28255 1 0 1 0 Common Stock 2008-12-31 4 S 0 478 4.66 D 39155920 I By Subsidiary Common Stock 2009-01-02 4 P 0 478 5.36 A 39156398 I By Subsidiary Common Stock 2009-01-05 4 P 0 13 5.3967 A 39156411 I By Subsidiary Common Stock 2009-01-06 4 S 0 13 5.95 D 39156398 I By Subsidiary Common Stock 2009-01-08 4 S 0 700 5.84 D 39155698 I By Subsidiary Common Stock 2009-01-08 4 S 0 800 5.85 D 39154898 I By Subsidiary Common Stock 2009-01-08 4 P 0 100 5.96 A 39154998 I By Subsidiary Common Stock 2009-01-08 4 P 0 1400 5.9591 A 39156398 I By Subsidiary Common Stock 2009-01-12 4 S 0 100 5.95 D 39156298 I By Subsidiary Common Stock 2009-01-12 4 P 0 2500 5.93 A 39158798 I By Subsidiary Common Stock 2009-01-12 4 P 0 200 5.94 A 39158998 I By Subsidiary Common Stock 2009-01-12 4 P 0 400 5.92 A 39159398 I By Subsidiary Common Stock 2009-01-12 4 P 0 186 5.75 A 39259584 I By Subsidiary Common Stock 2009-01-15 4 S 0 5600 5.16 D 39153984 I By Subsidiary Common Stock 2009-01-29 4 S 0 186 5.898 D 39153798 I By Subsidiary Common Stock 2009-02-03 4 P 0 54 5.09 A 39153852 I By Subsidiary Common Stock 2009-02-04 4 S 0 54 5.029 D 39153798 I By Subsidiary This Form 4 is being filed by Bank of America Corporation ("BAC" or the "Reporting Person"), a Delaware corporation and bank holding company registered under the Bank Holding Company Act of 1956, on behalf of its subsidiaries. BAC consummated a merger with Merrill Lynch & Co. Inc. ("ML&Co.") on January 1, 2009, after which ML&Co. became a direct wholly-owned subsidiary of BAC. As a result of such merger, BAC may be deemed to be the beneficial owner of all the securities of the Issuer directly held by ML&Co. and its subsidiaries. Pursuant to the Shareholders Agreement dated December 21, 2005, as may be amended from time to time, among Clayton, Dubilier & Rice Fund VII, L.P., CDR CCMG Co-Investor L.P., CD&R Parallel Fund VII, L.P., Carlyle Partners IV, L.P., CP IV Coinvestment L.P., CEP II U.S. Investments, L.P., CEP II Participations S.a.r.l, ML Global Private Equity Fund, L.P. ("MLGPE"), Merrill Lynch Ventures L.P. 2001, CMC-Hertz Partners, L.P. and ML Hertz Co-Investor, L.P., MLGPE has the right to designate two members to the board of directors of the Issuer. MLGPE Ltd. is the general partner of MLGPE and is a wholly-owned subsidiary of ML Global Private Equity Partners, L.P., the general partner of which is Merrill Lynch GP, Inc., which is a wholly-owned subsidiary of Merrill Lynch Group, Inc., which is a wholly-owned subsidiary of ML&Co. Transaction executed by the error correction section of Merrill, Lynch, Pierce, Fenner & Smith Incorporated ("MLPFS"), a broker-dealer and subsidiary of ML&Co., to correct errors made in connection with trades made on behalf of clients of MLPFS. In connection with all of the transactions reported on this Form, the Reporting Person has agreed to voluntarily remit appropriate profits, if any, to Hertz Global Holdings, Inc. The Reporting Person disclaims that the transactions reported on this Form 4 are subject to reporting under Section 16(a) or disgorgement under Section 16(b), and this report shall not be deemed an admission that those sections apply to these transactions. 32,160,660 shares are owned directly by MLGPE. 3,872,549 shares are owned directly by Merrill Lynch Ventures L.P. 2001, a limited partnership whose general partner is Merrill Lynch Ventures, L.L.C., a wholly-owned subsidiary of Merrill Lynch Group, Inc. which is a wholly-owned subsidiary of ML&Co. 3,101,137 shares are owned directly by ML Hertz Co-Investor, L.P., a limited partnership whose general partner is ML Hertz Co-Investor GP, L.L.C., whose sole managing member is MLGPE. 21,574 shares are owned directly by MLPFS. 22,052 shares are owned directly by MLPFS. 22,065 shares are owned directly by MLPFS. 21,352 shares are owned directly by MLPFS. 20,552 shares are owned directly by MLPFS. 20,652 shares are owned directly by MLPFS. 21,952 shares are owned directly by MLPFS. 24,452 shares are owned directly by MLPFS. 24,652 shares are owned directly by MLPFS. 25,052 shares are owned directly by MLPFS. 25,238 shares are owned directly by MLPFS. 19,638 shares are owned directly by MLPFS. 19,452 shares are owned directly by MLPFS. 19,506 shares are owned directly by MLPFS. /s/ Charles F. Bowman, Senior Vice President for Bank of America 2009-02-10 -----END PRIVACY-ENHANCED MESSAGE-----