-----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, TeSR4QwzCQabYAygfdeSoS3+vJjGByYYPcWskEjU93HSNgu4BO879JRfYvWvu1nR 2q8uzqjIGGBMTRcsG1F/Ww== 0000769993-04-000498.txt : 20040811 0000769993-04-000498.hdr.sgml : 20040811 20040811170144 ACCESSION NUMBER: 0000769993-04-000498 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20040809 FILED AS OF DATE: 20040811 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: 04967683 MAIL ADDRESS: STREET 1: 85 BROAD ST CITY: NEW YORK STATE: NY ZIP: 10004 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 4 1 cmck4040809kap_ex.xml CARMIKE CINEMAS, INC. - AUGUST 9, 2004 X0202 4 2004-08-09 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 2004-08-09 4 S 0 2341663 33.00 D 351549 I See Footnotes The Reporting Person is a vice president 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 his pecuniary interest therein, if any. Pursuant to an Underwriting Agreement, dated August 3, 2004 (the "Underwriting Agreement"), 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 an effective registration statement on Form S-3 (Registration No. 333-117403) filed by the Company on August 4, 2004, which offering was consummated on August 9, 2004, the Limited Partnerships sold, in aggregate, 2,341,663 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, 351,249 shares of Common Stock, consisting of the 351,249 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 2004-08-11 -----END PRIVACY-ENHANCED MESSAGE-----