-----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, NCygS0OH+m6uIXSzBcm8LiEbqpE29ir78lAsanPRSOT0DKawGazLihhRTY9W/hld deEt3femxcJYkveuhM4izg== 0001104659-04-028797.txt : 20040928 0001104659-04-028797.hdr.sgml : 20040928 20040928200608 ACCESSION NUMBER: 0001104659-04-028797 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20040924 FILED AS OF DATE: 20040928 DATE AS OF CHANGE: 20040928 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: BOVIE MEDICAL CORP CENTRAL INDEX KEY: 0000719135 STANDARD INDUSTRIAL CLASSIFICATION: INDUSTRIAL ORGANIC CHEMICALS [2860] IRS NUMBER: 112644611 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 734 WALT WHITMAN ROAD CITY: MELVILLE STATE: NY ZIP: 11747 BUSINESS PHONE: 5164215452 MAIL ADDRESS: STREET 1: 734 WALT WHITMAN ROAD CITY: MELVILLE STATE: NY ZIP: 11747 FORMER COMPANY: FORMER CONFORMED NAME: AN CON GENETICS INC DATE OF NAME CHANGE: 19920703 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: ACMI CORP CENTRAL INDEX KEY: 0000719727 STANDARD INDUSTRIAL CLASSIFICATION: ELECTROMEDICAL & ELECTROTHERAPEUTIC APPARATUS [3845] STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-31885 FILM NUMBER: 041051065 BUSINESS ADDRESS: STREET 1: ACMI CORPORATION STREET 2: 136 TURNPIKE ROAD CITY: SOUTHBOROUGH STATE: MA ZIP: 01772 BUSINESS PHONE: 508-804-2600 MAIL ADDRESS: STREET 1: 136 TURNPIKE ROAD CITY: SOUTHBOROUGH STATE: MA ZIP: 01772 FORMER NAME: FORMER CONFORMED NAME: CIRCON CORP DATE OF NAME CHANGE: 19920703 4 1 a4.xml 4 X0202 4 2004-09-24 1 0000719135 BOVIE MEDICAL CORP BVX 0000719727 ACMI CORP 136 TURNPIKE ROAD SOUTHBOROUGH MA 01772 0 0 1 0 Common Stock 2004-09-24 4 P 0 3000000 1.75 D 0 D See the attached Exhibits 99.1 and 99.2. /s/ David J. Pierce, Vice President Finance and Treasurer 2004-09-24 EX-99.1 2 ex-99d1.htm EX-99.1

Exhibit 99.1 to Form 4

Continuation Sheet

Explanation of Responses

(i) ACMI Corporation, a Delaware corporation (f/k/a Circon Corporation, “ACMI”), sold 3,000,000 shares (the “Bovie Shares”) of common stock, par value $.001 per share, of Bovie Medical Corp., a Delaware corporation, pursuant to the Common Stock Purchase Agreement, dated as of September 24, 2004, by and among ACMI and the buyers listed on the signature pages thereto in a privately negotiated transaction.

(ii) Fox Paine Capital, LLC, a Delaware limited liability company (“FPC”), is the general partner of Fox Paine Capital Fund, L.P., a Delaware limited partnership (“FPCF”), which in turn is the record owner of 16,974,391 shares, or approximately 73%, of the common stock of American Cystoscope Makers, Inc., a Delaware corporation (“Holdings”), which in turn is the parent and the 100% equity owner of ACMI, which is the record owner of the Bovie Shares.  Fox Paine & Company, LLC, a Delaware limited liability company (“Fox Paine”), is the manager of FPCF.  As a result, FPC, FPCF, Holdings, and Fox Paine may be deemed to have indirect beneficial ownership of the Bovie Shares owned directly by ACMI.  FPC, FPCF, Holdings, and Fox Paine each expressly disclaims beneficial ownership of any Bovie Shares in which it does not have a pecuniary interest.

 

 EX-99.2 3 ex-99d2.htm EX-99.2

Exhibit 99.2

Attachment to Form 4

Designated Filer:
Issuer and Ticker Symbol:
Date of Event Requiring Statement:

ACMI Corporation (f/k/a/ Circon Corp.)
Bovie Medical Corp. (BVX)
09/24/2004

 

Additional Filers:  Pursuant to Instruction 4(b)(v) of the General Instructions to Form 4, this Form is also being filed on behalf of the following Reporting Persons:

 

Date: September 24, 2004

AMERICAN CYSTOCOPE MAKERS, INC.

 

By:

/s/ David J. Pierce

 

 

Name:

David J. Pierce

 

Its:

Vice President Finance and Treasurer

 

 

 

Date: September 24, 2004

FOX PAINE CAPITAL FUND, L.P.

 

 

 

 

By:

Fox Paine Capital, LLC

 

 

Its:

General Partner

 

 

 

 

By:

Fox Paine & Company, LLC

 

 

Its:

Manager

 

 

 

 

By:

/s/ Saul A. Fox

 

 

Name:

Saul A. Fox

 

Its:

Member

 

 

 

Date: September 24, 2004

FOX PAINE & COMPANY, LLC

 

 

 

 

By:

/s/ Saul A. Fox

 

 

Name:

Saul A. Fox

 

Its:

Member

 

 

 

Date: September 24, 2004

FOX PAINE CAPITAL, LLC

 

 

 

By:

/s/ Saul A. Fox

 

 

Name:

Saul A. Fox

 

Its:

Member

 

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