0001140361-11-028256.txt : 20110517 0001140361-11-028256.hdr.sgml : 20110517 20110517163719 ACCESSION NUMBER: 0001140361-11-028256 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20110513 FILED AS OF DATE: 20110517 DATE AS OF CHANGE: 20110517 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: ShoreTel Inc CENTRAL INDEX KEY: 0001388133 STANDARD INDUSTRIAL CLASSIFICATION: TELEPHONE & TELEGRAPH APPARATUS [3661] IRS NUMBER: 770443568 STATE OF INCORPORATION: CA FISCAL YEAR END: 0630 BUSINESS ADDRESS: STREET 1: 960 STEWART DRIVE CITY: SUNNYVALE STATE: CA ZIP: 94085 BUSINESS PHONE: 408 331 3300 MAIL ADDRESS: STREET 1: 960 STEWART DRIVE CITY: SUNNYVALE STATE: CA ZIP: 94085 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: LEHMAN BROTHERS HOLDINGS INC CENTRAL INDEX KEY: 0000806085 STANDARD INDUSTRIAL CLASSIFICATION: SECURITY BROKERS, DEALERS & FLOTATION COMPANIES [6211] STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-33506 FILM NUMBER: 11852026 BUSINESS ADDRESS: STREET 1: LEHMAN BROTHERS STREET 2: 745 SEVENTH AVENUE CITY: NEW YORK STATE: NY ZIP: 10019 BUSINESS PHONE: 2125267000 MAIL ADDRESS: STREET 1: LEHMAN BROTHERS STREET 2: 745 SEVENTH AVENUE CITY: NEW YORK STATE: NY ZIP: 10019 FORMER NAME: FORMER CONFORMED NAME: SHEARSON LEHMAN HUTTON HOLDINGS INC DATE OF NAME CHANGE: 19901017 4 1 doc1.xml FORM 4 X0303 4 2011-05-13 0 0001388133 ShoreTel Inc SHOR 0000806085 LEHMAN BROTHERS HOLDINGS INC 1271 AVENUE OF THE AMERICAS, 35TH FLOOR NEW YORK NY 10020 0 0 1 0 Common Stock 2011-05-13 4 S 0 2549124 11.16 D 5017507 I See Explanation Other than the shares of common stock being reported herein by Lehman Brother's VC Partners 2002 L.P., LB I Group Inc., Lehman Brothers Venture Capital Partners II, L.P., Lehman Brothers Partnership Account 2000/2001, L.P. and Lehman Brothers Offshore Partnership Account 2000/2001, L.P., the Reporting Person is unable to confirm whether or not it is the beneficial owner of any additional shares of the Issuer's common stock that may or may not be actually owned by any of the Reporting Person's other affiliates, including the shares of common stock being reported herein by Lehman Brothers P.A., LLC. On September 15, 2008, the Reporting Person, and at later dates a number of its affiliates, filed voluntary petitions for relief under Chapter 11 of the United States Code (the "Bankruptcy Code") in the United States Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court") (Continuation of Footnote 1) - in a jointly administered proceeding captioned In re Lehman Brothers Holdings Inc., et. al. under Case No. 08-13555. On September 19, 2008, the Securities Investor Protection Corporation under the Securities Investor Protection Act of 1970, as amended ("SIPA") commenced a proceeding against Lehman Brothers Inc. ("LBI") in the United States District Court for the Southern District of New York (the "District Court") in the case captioned Securities Investors Protection Corporation v. Lehman Brothers Inc., Case No. 08-CIV-8119 (GEL). On September 19, 2008, the District Court entered the Order Commencing Liquidation (the "LBI Liquidation Order") pursuant to the provisions of SIPA. The LBI Liquidation Order provided, among other things, the appointment of James W. Giddens as trustee for the SIPA liquidation of LBI and removed the proceeding to the Bankruptcy Court under Case No. 08-1420 (JMP) SIPA. (Continuation of Footnote 1) - The Reporting Person is unable to provide information on its beneficial ownership, if any, of the Issuer's common stock primarily due to (1) the commencement of various administrative or civil rehabilitation proceedings of subsidiaries comprising significant parts of the Reporting Person's European and Asian businesses, which have resulted in significant portions of the Reporting Person's securities trading records and systems being unavailable to, and non-accessible by, the Reporting Person, and (2) the sale since September 15, 2008 of significant businesses comprising the Reporting Person's historical business (the "Sale"). (Continuation of Footnote 1) - As a result of the Sale, and actions taken by certain creditors with respect to securities that had been pledged by the Reporting Person, or its affiliates, as collateral to those creditors, the Reporting Person cannot compile an accurate accounting of securities held. The Reporting Person is currently engaged in an expensive and time consuming process to reconcile discrepancies in information the Reporting Person has with respect to security holdings. Even with continued significant efforts and expense, the Reporting Person may not be able to provide a record of securities held. As a result of the LBI Liquidation Order and the appointment of Mr. Giddens as trustee, LBI is no longer an affiliate of the Reporting Person and the Reporting Person can no longer be deemed to be the beneficial owner of any shares of the Issuer's common stock that may or may not be owned by LBI. The shares of common stock previously reported as being owned by LBI have therefore been omitted from this filing. By direct and indirect subsidiaries of the Reporting Person: 1,868,799 shares held by Lehman Brothers VC Partners 2002 L.P.; 686,039 shares held by LB I Group Inc.; 535,044 shares held by Lehman Brothers Venture Capital Partners II, L.P.; 380,650 shares held by Lehman Brothers Partnership Account 2000/2001, L.P.; 98,721 shares held by Lehman Brothers Offshore Partnership Account 2000/2001, L.P.; and 1,448,254 shares held by Lehman Brothers P.A. LLC. The Reporting Person disclaims beneficial ownership of the securities reported herein, except to the extent of its pecuniary interest therein. /s/ William Fox, Excutive Vice President 2011-05-17