-----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, DeTHKbBREYKT6XvG9fo6fVtOP1gjp5U37oJuo0Yo2ssChu1sjQYBLjIDzXUGUyQO yxRYojrz+Q9D94HtokaBgg== 0000914121-09-000050.txt : 20090109 0000914121-09-000050.hdr.sgml : 20090109 20090109171054 ACCESSION NUMBER: 0000914121-09-000050 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20090101 FILED AS OF DATE: 20090109 DATE AS OF CHANGE: 20090109 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: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-33139 FILM NUMBER: 09519609 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 3 1 p1420910-3_hertzex.xml X0203 3 2009-01-01 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, par value $0.01 per share 39156398 I See footnotes. Stock Option (Right to Buy) 17.39 2007-01-02 2017-01-02 Common Stock, par value $0.01 per share 2090 I See footnote. Stock Option (Right to Buy) 21.87 2007-05-17 2017-05-17 Common Stock, par value $0.01 per share 6474 I See footnote. Stock Option (Right to Buy) 14.21 2008-05-15 2018-05-15 Common Stock, par value $0.01 per share 38136 I See footnote. Bank of America Corporation ("Bank of America") is an indirect beneficial owner of the reported securities. The indirect interest in the reported securities was obtained pursuant to an Agreement and Plan of Merger, dated as of September 15, 2008 (the "Merger Agreement") whereby a wholly owned subsidiary of Bank of America merged with and into Merrill Lynch & Co., Inc. ("Merrill Lynch"). Merrill Lynch is now a wholly owned subsidiary of Bank of America. Bank of America through its subsidiaries and affiliates, Merrill Lynch, Merrill Lynch, Pierce, Fenner & Smith Incorporated, ML Hertz Co-Investor, L.P., ML Global Private Equity Fund, L.P. and Merrill Lynch Ventures LP 2001, reports indirect beneficial ownership of 39,156,398 shares of the Issuer's Common Stock. The shares of Common Stock are held indirectly by Bank of America through its subsidiaries as follows: ML Hertz Co-Investor, L.P., 3,101,137 shares of Common Stock; ML Global Private Equity Fund, L.P. 32,160,660 shares of Common Stock; Merrill Lynch Ventures LP 2001 3,872,549 shares of Common Stock; and Merrill Lynch, Pierce, Fenner & Smith Incorporated 22,052 shares of Common Stock. 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., Merrill Lynch Ventures L.P. 2001, CMC-Hertz Partners, L.P. and ML Hertz Co-Investor, L.P., ML Global Private Equity Fund, L.P. has the right to designate two members to the board of directors of the Issuer. The filing of this statement shall not be deemed an admission that, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the Reporting Person is the beneficial owner of the securities covered by this statement except to the extent of its pecuniary interest therein. The options were granted to ML Global Private Equity Fund, L.P. as assignee of compensation payable to George Bitar and Robert End for services as directors of the Issuer. Messrs. Bitar and End are both employees of an affiliate of ML Global Private Equity Fund, L.P. Accordingly, Bank of America reports indirect beneficial ownership of 46,700 stock options to buy the Issuer's Common Stock. /s/ Charles F. Bowman, Senior Vice President 2009-01-09 -----END PRIVACY-ENHANCED MESSAGE-----