-----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, QKhMZJj8Pusl0VZBs/NqzDVIK6HuNPjdI6K9kn9dQEZMYUmKWv+Sop/n8x8Yx1SF +Tn20aYV+/XhYAbFNkQDkA== 0001005477-03-003908.txt : 20030929 0001005477-03-003908.hdr.sgml : 20030929 20030929173658 ACCESSION NUMBER: 0001005477-03-003908 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20021022 FILED AS OF DATE: 20030929 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: EZ EM INC CENTRAL INDEX KEY: 0000727008 STANDARD INDUSTRIAL CLASSIFICATION: IN VITRO & IN VIVO DIAGNOSTIC SUBSTANCES [2835] IRS NUMBER: 111999504 STATE OF INCORPORATION: DE FISCAL YEAR END: 0529 BUSINESS ADDRESS: STREET 1: 717 MAIN ST CITY: WESTBURY STATE: NY ZIP: 11590 BUSINESS PHONE: 5163338230 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: STERN SETH F CENTRAL INDEX KEY: 0001258757 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 333-100878 FILM NUMBER: 03915883 BUSINESS ADDRESS: STREET 1: 425 E 76TH ST #10A CITY: NEW YORK STATE: NY ZIP: 10021 BUSINESS PHONE: 2126391793 4 1 edgar123.xml FORM 4 X0201 4 2002-10-22 0 0000727008 EZ EM INC EZM 0001258757 STERN SETH F 425 EAST 76TH STREET - APT. 10A NEW YORK NY 10021 0 0 1 0 Class A Common Stock 2002-10-22 4 J 0 159887 0 D 0 D Common Stock 2002-10-22 4 J 0 159887 0 A 0 D Class B Common Stock 2002-10-22 4 J 0 188044 0 D 0 D Common Stock 2002-10-22 4 J 0 188044 0 A 347931 D Pursuant to a reclassification exempt under Rule 16b-7 (the "Reclassification"), each share of Class A Common Stock and each share of Class B Common Stock was reclassified into one share of a newly created class of Common Stock (the "Common Stock"). The Reporting Person is a party to a certain Stockholders' Agreement dated as of July 15, 2002 by and among the stockholders listed on Exhibits A and B attached thereto (collectively, the "Stockholders") and the issuer. The Stockholders collectively own approximately 56% of the Common Stock. If, by virtue of the Reporting Person's execution and delivery of the Stockholders' Agreement on July 19, 2002, and the expected performance by the parties thereto of the agreements and covenants contained therein, the Reporting Person is deemed to constitute a "group" within the meaning of Rule 13d-5(b)(1) with the other Stockholders, then the Reporting Person, as a member of the "group," would be deemed to own beneficially all of the shares of Common Stock owned in the aggregate by the members of such group and would be a greater than 10% stockholder with respect to the Common Stock. The Reporting Person expressly disclaims both membership in a "group" and beneficial ownership of the shares of Common Stock owned by the other Stockholders. /s/ Seth F. Stern 2003-09-26 -----END PRIVACY-ENHANCED MESSAGE-----