-----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, GJuKy2ZMp2vuaUjK6d/DP6G6s9Qi+nQyfQtdve0u8E6/KRLKNGfzEMWPZ9Cm4ni9 zpNNkq3+LMyTFTunOEgz+g== 0001181431-05-042616.txt : 20050728 0001181431-05-042616.hdr.sgml : 20050728 20050728155010 ACCESSION NUMBER: 0001181431-05-042616 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20050302 FILED AS OF DATE: 20050728 DATE AS OF CHANGE: 20050728 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: AMERICAN RETIREMENT CORP CENTRAL INDEX KEY: 0000787784 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-SKILLED NURSING CARE FACILITIES [8051] IRS NUMBER: 621674303 STATE OF INCORPORATION: TN FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 111 WESTWOOD PLACE STREET 2: SUITE 202 CITY: BRENTWOOD STATE: TN ZIP: 37027 BUSINESS PHONE: 6152212250 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Jarvis David R CENTRAL INDEX KEY: 0001318128 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-13031 FILM NUMBER: 05981115 BUSINESS ADDRESS: BUSINESS PHONE: (203) 869-9191 MAIL ADDRESS: STREET 1: C/O MERCURY REAL ESTATE ADVISORS LLC STREET 2: 100 FIELD POINT ROAD CITY: GREENWICH STATE: CT ZIP: 06830 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: MacLean Malcolm F IV CENTRAL INDEX KEY: 0001318129 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-13031 FILM NUMBER: 05981114 BUSINESS ADDRESS: BUSINESS PHONE: (203) 869-9191 MAIL ADDRESS: STREET 1: C/O MERCURY REAL ESTATE ADVISORS LLC STREET 2: 100 FIELD POINT ROAD CITY: GREENWICH STATE: CT ZIP: 06830 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Mercury Special Situations Offshore Fund Ltd CENTRAL INDEX KEY: 0001301276 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-13031 FILM NUMBER: 05981116 BUSINESS ADDRESS: STREET 1: P O BOX 3460 RD TOWN CITY: TORTOLA BVI STATE: E9 ZIP: 00000 BUSINESS PHONE: 284-494-5239 MAIL ADDRESS: STREET 1: P O BOX 3460 RD TOWN CITY: TORTOLA BVI STATE: E9 ZIP: 00000 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Mercury Special Situations Fund L P CENTRAL INDEX KEY: 0001301328 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-13031 FILM NUMBER: 05981111 BUSINESS ADDRESS: STREET 1: 100 FIELD POINT RD CITY: GREENWICH STATE: CT ZIP: 06830 BUSINESS PHONE: 203-769-2980 MAIL ADDRESS: STREET 1: 100 FIELD POINT RD CITY: GREENWICH STATE: CT ZIP: 06830 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Mercury Real Estate Securities Fund LP CENTRAL INDEX KEY: 0001303345 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-13031 FILM NUMBER: 05981113 BUSINESS ADDRESS: STREET 1: 100 FIELD POINT ROAD CITY: GREENWICH STATE: CT ZIP: 06830 BUSINESS PHONE: 203-769-2980 MAIL ADDRESS: STREET 1: 100 FIELD POINT ROAD CITY: GREENWICH STATE: CT ZIP: 06830 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Mercury Mayfair LLC CENTRAL INDEX KEY: 0001329733 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-13031 FILM NUMBER: 05981112 BUSINESS ADDRESS: STREET 1: 100 FIELD POINT ROAD STREET 2: FIRST FLOOR CITY: GREENWICH STATE: CT ZIP: 06830 BUSINESS PHONE: 203 769 2990 MAIL ADDRESS: STREET 1: 100 FIELD POINT ROAD STREET 2: FIRST FLOOR CITY: GREENWICH STATE: CT ZIP: 06830 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Mercury Securities II LLC CENTRAL INDEX KEY: 0001329735 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-13031 FILM NUMBER: 05981110 BUSINESS ADDRESS: STREET 1: 100 FIELD POINT ROAD STREET 2: FIRST FLOOR CITY: GREENWICH STATE: CT ZIP: 06830 BUSINESS PHONE: 203 769 2990 MAIL ADDRESS: STREET 1: 100 FIELD POINT ROAD STREET 2: FIRST FLOOR CITY: GREENWICH STATE: CT ZIP: 06830 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Silvercreek SAV LLC CENTRAL INDEX KEY: 0001330258 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-13031 FILM NUMBER: 05981108 BUSINESS ADDRESS: STREET 1: C/O MERCURY REAL ESTATE ADVISORS LLC STREET 2: 100 FIELD POINT ROAD CITY: GREENWICH STATE: CT ZIP: 06830 BUSINESS PHONE: (203) 769-2985 MAIL ADDRESS: STREET 1: C/O MERCURY REAL ESTATE ADVISORS LLC STREET 2: 100 FIELD POINT ROAD CITY: GREENWICH STATE: CT ZIP: 06830 3 1 rrd85492.xml FORM 3 X0202 3 2005-03-02 0 0000787784 AMERICAN RETIREMENT CORP ACR 0001318128 Jarvis David R C/O MERCURY REAL ESTATE ADVISORS LLC 100 FIELD POINT ROAD GREENWICH CT 06830 0 0 1 0 0001318129 MacLean Malcolm F IV C/O MERCURY REAL ESTATE ADVISORS LLC 100 FIELD POINT ROAD GREENWICH CT 06830 0 0 1 0 0001303345 Mercury Real Estate Securities Fund LP C/O MERCURY REAL ESTATE ADVISORS LLC 100 FIELD POINT ROAD GREENWICH CT 06830 0 0 1 0 0001329733 Mercury Mayfair LLC C/O MERCURY REAL ESTATE ADVISORS LLC 100 FIELD POINT ROAD GREENWICH CT 06830 0 0 1 0 0001301328 Mercury Special Situations Fund L P C/O MERCURY REAL ESTATE ADVISORS LLC 100 FIELD POINT ROAD GREENWICH CT 06830 0 0 1 0 0001329735 Mercury Securities II LLC C/O MERCURY REAL ESTATE ADVISORS LLC 100 FIELD POINT ROAD GREENWICH CT 06830 0 0 1 0 0001301276 Mercury Special Situations Offshore Fund Ltd C/O MERCURY REAL ESTATE ADVISORS LLC 100 FIELD POINT ROAD GREENWICH CT 06830 0 0 1 0 0001330258 Silvercreek SAV LLC C/O MERCURY REAL ESTATE ADVISORS LLC 100 FIELD POINT ROAD GREENWICH CT 06830 0 0 1 0 Common Stock 3070900 I See Footnote Common Stock 3070900 I See Footnote Common Stock 1557071 D Common Stock 1557071 I See Footnote Common Stock 825758 D Common Stock 50000 D Common Stock 2500 D Common Stock 2500 I See Footnote These shares are held directly by the Funds (as defined in the footnotes below) and certain other managed accounts (the "Managed Accounts"). Mr. David R. Jarvis is a managing member of Mercury Real Estate Advisors LLC ("Advisors"), a registered investment adviser. Advisors provides investment advisory services to the Funds and Managed Accounts. Mr. Jarvis disclaims beneficial ownership of the shares held directly by the Funds and Managed Accounts, except to the extent of the pecuniary interest, if any, in such shares that may result from his membership interest in Advisors, which has a contingent right to receive a performance-based advisory fee from each of the Funds and Managed Accounts. (Footnote continued in (2)). That performance-based fee qualifies for the exemption set forth in Rule 16a-1(a)(2)(ii)(C) except in the limited circumstances where an investor in a Fund or Managed Account joins or withdraws from such Fund or Managed Account, as applicable. Mr. Jarvis also is a managing member of Mayfair and MS II LLC (as defined in the footnotes below). Mr. Jarvis disclaims beneficial ownership of the shares held directly by MRES and MSSF (as defined in the footnotes below), except to the extent of the pecuniary interest, if any, in such shares that may result from his membership interest in Mayfair and MS II LLC. These shares are held directly by the Funds and Managed Accounts. Mr. MacLean is a managing member of Advisors. Mr. MacLean disclaims beneficial ownership of shares held directly by the Funds and Managed Accounts, except to the extent of the pecuniary interest, if any, in such shares that may result from his membership interest in Advisors, which has a contingent right to receive a performance-based advisory fee from the Funds and Managed Accounts. That performance-based fee qualifies for the exemption set forth in Rule 16a-1(a)(2)(ii)(C) except in the limited circumstances where an investor in a Fund or Managed Account joins or withdraws from such Fund or Managed Account, as applicable. Mr. MacLean also is a managing member of Mayfair and MS II LLC. Mr. MacLean disclaims beneficial ownership of the shares held directly by MRES and MSSF, except to the extent of the pecuniary interest, if any, in such shares that may result from his membership interest in Mayfair and MS II LLC.< /footnote> These shares are held directly by Mercury Special Situations Fund LP ("MSSF"). These shares are held directly by MSSF. Mercury Securities II LLC ("MS II LLC") is the general partner of MSSF. MS II LLC disclaims beneficial ownership of these shares except to the extent of the pecuniary interest, if any, in such shares that may result from its partnership interest in MSSF. These shares are held directly by Mercury Special Situations Offshore Fund, Ltd. ("MSSOF"). These shares are held directly by Silvercreek SAV LLC ("Silvercreek"). These shares are held directly by Mercury Real Estate Securities Fund LP ("MRES", and together with MSSF, MSSOF and Silvercreek, the "Funds"). These shares are held directly by MRES. Mercury Mayfair LLC ("Mayfair") is the general partner of MRES. Mayfair disclaims beneficial ownership of these shares except to the extent of the pecuniary interest, if any, in such shares that may result from its partnership interest in MRES. /s/ David R. Jarvis 2005-07-28 /s/ Malcolm F. MacLean IV 2005-07-28 -----END PRIVACY-ENHANCED MESSAGE-----