-----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, LbNP39RTb8L1xtsFiLH1L+u7ukXAii63M2SBs8gJCH+DGvr7q0++DJ4rN+FE5uRy cV3a6le8rZFKezc63l+DZA== 0000769993-04-000058.txt : 20040206 0000769993-04-000058.hdr.sgml : 20040206 20040206165513 ACCESSION NUMBER: 0000769993-04-000058 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20040204 FILED AS OF DATE: 20040206 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: CARMIKE CINEMAS INC CENTRAL INDEX KEY: 0000799088 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-MOTION PICTURE THEATERS [7830] IRS NUMBER: 581469127 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 1301 FIRST AVE CITY: COLUMBUS STATE: GA ZIP: 31901 BUSINESS PHONE: 7065763400 MAIL ADDRESS: STREET 1: P O BOX 391 CITY: COLUMBUS STATE: GA ZIP: 31994 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: PONTARELLI KENNETH A CENTRAL INDEX KEY: 0001172484 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-14993 FILM NUMBER: 04574973 MAIL ADDRESS: STREET 1: 85 BROAD ST CITY: NEW YORK STATE: NY ZIP: 10004 4 1 cmck4030204kap_ex.xml X0201 4 2004-02-04 0 0000799088 CARMIKE CINEMAS INC CKEC 0001172484 PONTARELLI KENNETH A C/O GOLDMAN, SACHS & CO. 85 BROAD STREET NEW YORK NY 10004 1 0 0 0 Common Stock 2004-02-04 4 S 0 1123209 32.00 D 3076618 I See Footnotes The Reporting Person is a vice president of Goldman, Sachs & Co. ("Goldman Sachs"). Goldman Sachs is an indirect wholly-owned subsidiary of The Goldman Sachs Group, Inc. ("GS Group"). The Reporting Person disclaims beneficial ownership of the securities reported herein as indirectly owned except to the extent of his pecuniary interest therein, if any. Pursuant to an Underwriting Agreement, dated January 29, 2004, and in connection with the registered public offering of shares of Carmike Cinemas, Inc. (the "Company") common stock, par value $.03 (the "Common Stock"), by the Company and certain selling stockholders (including the Limited Partnerships (as defined below)) pursuant to a registration statement on Form S-3 (Registration No. 333-90028) filed by the Company which was declared effective by the Securities and Exchange Commission on January 29, 2004, which offering was consummated on February 4, 2004, the Limited Partnerships sold, in the aggregate, 1,123,209 shares of Common Stock. Goldman Sachs is one of the several underwriters under the Underwriting Agreement. Goldman Sachs beneficially owns directly and GS Group may be deemed to beneficially own indirectly 100 shares of Common Stock. Spear, Leeds & Kellogg, L.P. ("SLK") beneficially owns directly and GS Group may be deemed to beneficially own indirectly 200 shares of Common Stock. SLK is an indirect wholly-owned subsidiary of GS Group. Additionally, each of Goldman Sachs and GS Group may be deemed to beneficially own indirectly, in the aggregate, 3,076,318 shares of Common Stock, consisting of the 3,076,318 shares of Common Stock beneficially owned directly by certain investment partnerships of which affiliates of Goldman Sachs and GS Group are the general partner, managing partner or managing general partner (the "Limited Partnerships"). Goldman Sachs and GS Group each disclaims beneficial ownership of the securities owned by the Limited Partnerships except to the extent of its pecuniary interest therein. s/ Roger S. Begelman, Attorney-in-fact 2004-02-06 -----END PRIVACY-ENHANCED MESSAGE-----