-----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, F7y6fmAqCbhwLsTdsuqA9/0lI+POjh4rr0QYWIEcuszwy3m3QOfJfLvb+QabmVwV D0C5AHTOjclTc0ppqRahDw== 0001209191-03-032030.txt : 20031124 0001209191-03-032030.hdr.sgml : 20031124 20031124191848 ACCESSION NUMBER: 0001209191-03-032030 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20031007 FILED AS OF DATE: 20031124 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: MERCER INTERNATIONAL INC CENTRAL INDEX KEY: 0000075659 STANDARD INDUSTRIAL CLASSIFICATION: PAPER MILLS [2621] IRS NUMBER: 916087550 STATE OF INCORPORATION: WA FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 14900 INTERURBAN AVENUE SOUTH STREET 2: SUITE 282 CITY: SEATTLE STATE: WA ZIP: 98168 BUSINESS PHONE: 2066744639 MAIL ADDRESS: STREET 1: 14900 INTERURBAN AVENUE SOUTH STREET 2: SUITE 282 CITY: SEATTLE STATE: WA ZIP: 98168 FORMER COMPANY: FORMER CONFORMED NAME: ASIAMERICA EQUITIES LTD DATE OF NAME CHANGE: 19920109 FORMER COMPANY: FORMER CONFORMED NAME: PACIFIC WEST REALTY TRUST DATE OF NAME CHANGE: 19860219 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: GREENLIGHT CAPITAL LLC CENTRAL INDEX KEY: 0001040272 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-09409 FILM NUMBER: 031021664 BUSINESS ADDRESS: STREET 1: 420 LEXINGTON AVE SUITE 875 CITY: NEW YORK STATE: NY ZIP: 10170 BUSINESS PHONE: 2129731900 MAIL ADDRESS: STREET 1: 420 LEXINGTON AVENUE STREET 2: SUITE 875 CITY: NEW YORK STATE: NY ZIP: 10170 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: GREENLIGHT CAPITAL INC CENTRAL INDEX KEY: 0001079114 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-09409 FILM NUMBER: 031021663 BUSINESS ADDRESS: STREET 1: 420 LEXINGTON AVE STREET 2: SUITE 875 CITY: NEW YORK STATE: NY ZIP: 10170 BUSINESS PHONE: 2129731900 MAIL ADDRESS: STREET 1: 420 LEXINGTON AVE STREET 2: SUITE 875 CITY: NEW YORK STATE: NY ZIP: 10170 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: EINHORN DAVID CENTRAL INDEX KEY: 0001240451 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-09409 FILM NUMBER: 031021665 BUSINESS ADDRESS: STREET 1: 420 LEXINGTON AVE STREET 2: SUITE 1740 CITY: NEW YORK STATE: NY ZIP: 10170 BUSINESS PHONE: 2129731900 MAIL ADDRESS: STREET 1: 420 LEXINGTON AVE STREET 2: SUITE 1740 CITY: NEW YORK STATE: NY ZIP: 10170 4 1 bod10896_1de.xml MAIN DOCUMENT DESCRIPTION X0201 42003-10-0700000075659MERCER INTERNATIONAL INC MERCS0001240451EINHORN DAVID420 Lexington Avenue, Suite 1740New YorkNY1017000100001040272GREENLIGHT CAPITAL LLC420 Lexington Avenue, Suite 1740New YorkNY1017000100001079114GREENLIGHT CAPITAL INC420 LEXINGTON AVENUE, SUITE 1740NEW YORKNY1017000108.5% Convertible Senior Subordinated Notes (right to buy)7.752003-10-074P0011000000A2003-10-102010-10-14Common Shares14193533936853ISee footnotes 2 and 3.The filing of this Form 4 shall not be construed as an admission that Greenlight Capital, L.L.C. ("Greenlight LLC"), Greenlight Capital, Inc. ("Greenlight Inc"), or David Einhorn, the managing member of Greenlight LLC and president of Greenlight Inc, are or were for the purposes of Section 16(a) of the Securities Exchange Act of 1934, as amended, or otherwise the beneficial owner of any of the shares of beneficial interest, par value $1.00 per share (the "Common Shares") of Mercer International, Inc. ("Mercer") owned by Gree nlight Capital, L.P. ("Greenlight Fund"), Greenlight Capital Qualified, L.P. ("Greenlight Qualified"), or Greenlight Capital Offshore, Ltd. ("Greenlight Offshore" and, collectively, the "Greenlight Funds"). Pursuant to Rule 16a-1, Greenlight LLC, Greenlight Inc, and Mr. Einhorn all disclaim such beneficial ownership.Greenlight LLC held indirectly 1,286,700 Common Shares through the accounts of Greenlight Fund and Greenlight Qualified, of which Greenlight LLC is the general partner of each. Additionally, Greenlight Fund and Greenlight Qualified may convert Mercer's 8.5% Convertible Senior Subordinated Notes into Common Shares at any time. Including the Common Shares it would hold after such conversion, Greenlight LLC holds indirectly 2,019,473 Common Shares. Greenlight LLC receives an allocation of net profits from and owns a partnership interest in Greenlight Fund and Greenlight Qualified. Mr. Einhorn reports the shares held indirectly by Greenlight LLC because, as the manag ing member of Greenlight LLC at the time of purchase, Mr. Einhorn controlled the disposition and voting of the securities. Greenlight Inc. held indirectly 1,230,800 Common Shares through the account of Greenlight Offshore, which is controlled by Greenlight Inc. Additionally, Greenlight Offshore may Convert Mercer's 8.5% Convertible Senior Subordinated Notes at any time. Including the Common Shares it would hold after such conversion, Greenlight Inc. holds indirectly 1,917,380 Common Shares. Greenlight Inc. is the investment advisor of Greenlight Offshore and receives an asset-based fee and an annual fee based on the appreciation of Greenlight Offshore. Mr. Einhorn, as president and director of Greenlight Inc., has previously had control over the voting and disposition of the securities of Greenlight Offshore. Additionally, Mr. Einhorn owns shares in Greenlight Offshore.David Einhorn2003-11-2 4David Einhorn, Managing Member of Greenlight Capital, L.L.C.2003-11-24David Einhorn, President of Greenlight Capital, Inc.2003-11-24 -----END PRIVACY-ENHANCED MESSAGE-----