-----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, PyaSB6c9GjbKPmxVmWJxzcvAQmk5PVRyDlDq1OQGkGAyoqK36sxjuNjWVUBYxfVz stwLWPQJAkPbt/+qxzl2Sg== 0000769993-04-000483.txt : 20040810 0000769993-04-000483.hdr.sgml : 20040810 20040810181856 ACCESSION NUMBER: 0000769993-04-000483 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040806 FILED AS OF DATE: 20040810 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: FASCITELLI ELIZABETH C CENTRAL INDEX KEY: 0001029604 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-14993 FILM NUMBER: 04965460 BUSINESS ADDRESS: STREET 1: 85 BROAD STREET CITY: NEW YORK STATE: NY ZIP: 10004 BUSINESS PHONE: 2129027202 MAIL ADDRESS: STREET 1: 85 BROAD STREET CITY: NEW YORK STATE: NY ZIP: 10004 4 1 cmck4040806ecf_ex.xml FASCITELLI - AUGUST 6, 2004 X0202 4 2004-08-06 0 0000799088 CARMIKE CINEMAS INC CKEC 0001029604 FASCITELLI ELIZABETH C C/O GOLDMAN, SACHS & CO. 85 BROAD STREET NEW YORK NY 10004 1 0 0 0 Common Stock 2004-08-06 4 P 0 454 33.14 A 2693666 I See Footnotes Common Stock 2004-08-06 4 S 0 56 33.03 D 2693610 I See Footnotes Common Stock 2004-08-06 4 S 0 198 33.06 D 2693412 I See Footnotes Common Stock 2004-08-06 4 S 0 200 33.07 D 2693212 I See Footnotes The Reporting Person is a managing director of Goldman, Sachs & Co. ("Goldman Sachs"). Goldman Sachs is a direct and 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 her pecuniary interest therein, if any. The securities reported herein as indirectly purchased and sold were beneficially owned directly by Goldman Sachs. Without admitting any legal obligation, Goldman Sachs will remit appropriate profits, if any, to Carmike Cinemas, Inc. Goldman Sachs beneficially owns directly and GS Group may be deemed to beneficially own indirectly 100 shares of Carmike Cinemas, Inc., common stock, par value $.03 per share ("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 2,692,912 shares of Common Stock, consisting of the 2,692,912 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 general partner or managing 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/ Edward T. Joel, Attorney-in-fact 2004-08-10 EX-24 2 fascitellipoa.txt FASCITELLI - POA POWER OF ATTORNEY ----------------- The undersigned does hereby appoint Roger S. Begelman, Edward T. Joel, Saskia Brookfield Martin and Susan P. Goddard, (and any other employee if the Goldman Sachs Group, Inc. or one of its affiliates designated in writing by one of the attorneys-in-fact), her true and lawful attorneys, and each of them her true and lawful attorney, with power to act without the other, and with full power of substitution and resubstitution, to execute and file for her and in her name any Initial Statement of Beneficial Ownership of Securities on Form 3, any Statement of Changes in Beneficial Ownership on Form 4 and any Annual Statement of Changes in Beneficial Ownership on Form 5, or any similar or successor form, which may be required to be filed by her with the Securities and Exchange Commission pursuant to Section 16 of the Securities Exchange Act of 1934, as amended, and any and all instruments necessary or incidental therewith, hereby granting unto said attorneys and each of them full power and authority to do and perform in the name and on behalf of the undersigned, and in any and all capacities, every act and thing whatsoever required or necessary to be done in and about the premises, as fully and to all intents and purposes as the undersigned might or could do in person, hereby ratifying and approving the act of said attorneys and each of them. This power of attorney shall not be affected by the subsequent disability or incompetence of the principal. This power of attorney shall remain in full force and effect until either revoked in writing by the undersigned or until such time as the person or persons to whom power of attorney has been hereby granted cease(s) to be an employee of The Goldman Sachs Group, Inc. or one of its affiliates. In witness thereof the undersigned hereunto signed her name this 22nd day of January, 2003. s/ Elizabeth C. Fascitelli -------------------------- ELIZABETH C. FASCITELLI -----END PRIVACY-ENHANCED MESSAGE-----