-----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, IYTWNDBWqZiLz22NJNoXCXXEgq4bf6Deri9Pvc0csn/jJEZ/B6x1zVM2a1czaACU is3e6Bx5kusPJioTwXVTSw== 0000769993-04-000525.txt : 20040820 0000769993-04-000525.hdr.sgml : 20040820 20040820184550 ACCESSION NUMBER: 0000769993-04-000525 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20040818 FILED AS OF DATE: 20040820 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: 04989908 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 cmck4040818kap_ex.xml X0202 4 2004-08-18 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 2004-08-18 4 S 0 75180 33 D 276369 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 common stock, par value $.03 per share (the "Common Stock"), of Carmike Cinemas, Inc. (the "Company") by the Company and certain selling stockholders (including the Limited Partnerships (as defined below)) (the "Selling Stockholders") 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 underwriters party to the Underwriting Agreement (the "Underwriters") elected to exercise an option (the "Over-Allotment Option") to purchase an additional amount of shares of the Company's Common Stock from the Selling Stockholders. On August 18, 2004, the sale of shares of the Company's Common Stock by the Selling Stockholders to the Underwriters pursuant to the exercise by the Underwriters of the Over-Allotment Option was consummated and in connection with such sale, the Limited Partnerships sold an aggregate of 75,180 shares of the Company's Common Stock to the Underwriters. 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, 276,069 shares of Common Stock, consisting of the 276,069 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/ Edward T. Joel, Attorney-in-fact 2004-08-20 -----END PRIVACY-ENHANCED MESSAGE-----