0001140361-15-043937.txt : 20151208 0001140361-15-043937.hdr.sgml : 20151208 20151208164602 ACCESSION NUMBER: 0001140361-15-043937 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20151204 FILED AS OF DATE: 20151208 DATE AS OF CHANGE: 20151208 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: PEP BOYS MANNY MOE & JACK CENTRAL INDEX KEY: 0000077449 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-AUTO & HOME SUPPLY STORES [5531] IRS NUMBER: 230962915 STATE OF INCORPORATION: PA FISCAL YEAR END: 0202 BUSINESS ADDRESS: STREET 1: 3111 W ALLEGHENY AVE CITY: PHILADELPHIA STATE: PA ZIP: 19132 BUSINESS PHONE: 2152299000 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: ICAHN ENTERPRISES HOLDINGS L.P. CENTRAL INDEX KEY: 0001034563 STANDARD INDUSTRIAL CLASSIFICATION: PETROLEUM REFINING [2911] STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-03381 FILM NUMBER: 151276173 BUSINESS ADDRESS: STREET 1: 767 FIFTH AVENUE STREET 2: SUITE 4600 CITY: NEW YORK STATE: NY ZIP: 10153 BUSINESS PHONE: 212-702-4300 MAIL ADDRESS: STREET 1: 767 FIFTH AVENUE STREET 2: SUITE 4600 CITY: NEW YORK STATE: NY ZIP: 10153 FORMER NAME: FORMER CONFORMED NAME: AMERICAN REAL ESTATE HOLDINGS L P DATE OF NAME CHANGE: 19980311 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: ICAHN CARL C CENTRAL INDEX KEY: 0000921669 STATE OF INCORPORATION: NY FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-03381 FILM NUMBER: 151276174 BUSINESS ADDRESS: STREET 1: C/O ICAHN ASSOCIATES HOLDING LLC STREET 2: 767 FIFTH AVE., SUITE 4700 CITY: NEW YORK STATE: NY ZIP: 10153 BUSINESS PHONE: 212-702-4300 MAIL ADDRESS: STREET 1: C/O ICAHN ASSOCIATES HOLDING LLC STREET 2: 767 FIFTH AVE., SUITE 4700 CITY: NEW YORK STATE: NY ZIP: 10153 FORMER NAME: FORMER CONFORMED NAME: ICAHN CARL C ET AL DATE OF NAME CHANGE: 19950612 4 1 doc1.xml FORM 4 X0306 4 2015-12-04 0 0000077449 PEP BOYS MANNY MOE & JACK PBY 0000921669 ICAHN CARL C C/O ICAHN ASSOCIATES HOLDING LLC 767 FIFTH AVE., SUITE 4700 NEW YORK NY 10153 0 0 1 0 0001034563 ICAHN ENTERPRISES HOLDINGS L.P. 445 HAMILTON AVENUE SUITE 1210 WHITE PLAINS NY 10601 0 0 1 0 common stock, $1.00 par value ("Shares") 2015-12-04 4 P 0 85000 15.65 A 6076365 I please see all footnotes Forward contract (obligation to purchase) 2015-12-04 4 J 0 1 A 2015-12-04 2017-12-04 Shares 480718 1 I please see footnote Forward contract (obligation to purchase) 2015-12-04 4 J 0 1 A 2015-12-04 2017-12-04 Shares 1000 2 I please see footnote Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings") directly beneficially owns 6,076,365 Shares. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises G.P."), which is the general partners of Icahn Enterprises Holdings. Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by Icahn Enterprises Holdings. Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Enterprises Holdings owns. Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. On December 4, 2015, Icahn Enterprises Holdings entered into a forward contract providing for the purchase by Icahn Enterprises Holdings of 480,718 Shares at a forward price of $14.00 per Share, plus a financing charge. In addition, as part of the purchase price for the Shares, Icahn Enterprises Holdings paid the counterparty to the forward contract $1.66 per Share upon establishing the forward contract. Subject to Icahn Enterprises Holdings' right to accelerate the settlement date, the forward contract will settle on December 4, 2017. The forward contract provides for physical settlement, with Icahn Enterprises Holdings retaining the right to elect cash settlement. The forward contracts do not give Icahn Enterprises Holdings direct or indirect voting, investment or dispositive control over the Shares to which such contracts relate. On December 4, 2015, Icahn Enterprises Holdings entered into a forward contract providing for the purchase by Icahn Enterprises Holdings of 1,000 Shares at a forward price of $14.00 per Share, plus a financing charge. In addition, as part of the purchase price for the Shares, Icahn Enterprises Holdings paid the counterparty to the forward contract $1.71 per Share upon establishing the forward contract. Subject to Icahn Enterprises Holdings' right to accelerate the settlement date, the forward contract will settle on December 4, 2017. The forward contract provides for physical settlement, with Icahn Enterprises Holdings retaining the right to elect cash settlement. The forward contracts do not give Icahn Enterprises Holdings direct or indirect voting, investment or dispositive control over the Shares to which such contracts relate. CARL C. ICAHN 2015-12-08 ICAHN ENTERPRISES HOLDINGS L.P. 2015-12-08