SC 13D/A 1 v160227_13da.htm
 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.  20549
 
SCHEDULE 13D/A
 
(Amendment No. 59)
 
Under the Securities Exchange Act of 1934
 
Casual Male Retail Group, Inc.
(Name of Issuer)
 
Common Stock
(Title of Class of Securities)
 
25057L102
(CUSIP Number)
 
Seymour Holtzman
c/o Jewelcor Companies
100 N. Wilkes Barre Blvd.
Wilkes-Barre, Pennsylvania 18702
(570) 822-6277
(Name, Address and Telephone Number of
Person Authorized to Receive Notices
and Communications)
 
August 27, 2009
(Date of Event which Requires Filing
of this Statement)
 
If the filing person has previously filed a statement on Schedule 13G to report the acquisition which is the subject of this Schedule 13D, and is filing this schedule because of §§ 240.13d-1(e), 240.13d-1(f), or 240.13d-1(g), check the following box:  ¨
 

 
Explanatory Note: The purpose of this Amendment is to correct the percentage of ownership as stated in Seymour Holtzman's ownership table on line 13 and in Item 5, which was previously incorrectly reported as 13.37%.
 
SCHEDULE 13D
CUSIP No. 25057L102
 
 
 
 
1)
NAME OF REPORTING PERSON
S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON
Seymour Holtzman
 
 
2)
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
(a)  o
 
 
 
 
(b)  x
3)
SEC USE ONLY
 
 
4)
SOURCE OF FUNDS                                                      PF
 
 
5)
 
CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e)
o
6)
 
CITIZENSHIP OR PLACE OF ORGANIZATION
United States of America
 
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON
WITH
 
7)
 
SOLE VOTING POWER
     
5,630,069(1) 
     
 
 
8)
 
SHARED VOTING POWER
     
0
     
 
 
9)
 
SOLE DISPOSITIVE POWER
     
5,630,069(1) 
     
 
 
10)
 
SHARED DISPOSITIVE POWER
     
0
 
11)
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
5,630,069(1) — See Item 5
12)
 
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES
o
 
13)
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
12.83%
14)
TYPE OF REPORTING PERSON
IN
 
(1) Includes options to purchase an aggregate of 1,690,000 shares of Common Stock and warrants to purchase an aggregate of 80,000 shares of Common Stock, all of which are immediately exercisable and are directly beneficially owned by Mr. Holtzman.
 

 
SCHEDULE 13D
CUSIP No. 25057L102
 
 
 
 
1)
NAME OF REPORTING PERSON
S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON
Evelyn Holtzman
 
 
2)
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
(a)  o
 
 
 
 
(b)  x
3)
SEC USE ONLY
 
 
4)
SOURCE OF FUNDS                           NA
 
 
5)
 
CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e)
 
o
6)
 
CITIZENSHIP OR PLACE OF ORGANIZATION
United States of America
 
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON
WITH
 
7)
 
SOLE VOTING POWER
     
0
     
 
 
8)
 
SHARED VOTING POWER
     
0
     
 
 
9)
 
SOLE DISPOSITIVE POWER
     
0
     
 
 
10)
 
SHARED DISPOSITIVE POWER
     
0
 
11)
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
0 — See Item 5
12)
 
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES
o
 
13)
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
0%
14)
TYPE OF REPORTING PERSON
IN
 

 
This Amendment No. 59 amends and supplements the Schedule 13D, dated November 27, 1998, as amended to date (the “Schedule 13D”), originally filed with the Securities and Exchange Commission by Jewelcor Management, Inc. (“JMI”) and others with respect to the common stock, $.01 par value (the “Common Stock”), of Casual Male Retail Group, Inc., a Delaware corporation (the “Company”).  The address of the principal business and principal offices of the Company is 555 Turnpike Street, Canton, Massachusetts, 02021.
 
Item 4.  Purpose of Transaction
 
Item 4 is hereby amended and supplemented as follows:
 
On August 27, 2009, JMI executed an Amendment to Consulting Agreement with Casual Male Retail Group, Inc., dated as of May 17, 2009, which amends certain portions of the Consulting Agreement as previously amended.
 
Item 5.  Interest in Securities of the Issuer
 
Item 5(a) of the Schedule 13D is hereby amended and supplemented as follows:
 
As of September 4, 2009, the Reporting Persons included in this filing may be deemed to be the beneficial owners of 5,630,069 shares of Common Stock, representing an aggregate of approximately 12.83% of the outstanding shares of Common Stock based upon the 42,110,170 shares of Common Stock outstanding as of August 25, 2009 as reported by the Company in its Form 10-Q filed on August 25, 2009.  Such amount includes options to purchase an aggregate of 1,690,000 shares of Common Stock and warrants to purchase an aggregate of 80,000 shares of Common Stock, all of which are immediately exercisable and are directly beneficially owned by Mr. Holtzman.
 
As of September 4, 2009, Seymour Holtzman beneficially owns 5,630,069 shares of Common Stock, representing an aggregate of approximately 12.83% of the outstanding shares of Common Stock. Such amount includes options to purchase an aggregate of 1,690,000 shares of Common Stock and warrants to purchase an aggregate of 80,000 shares of Common Stock, all of which are immediately exercisable and are directly beneficially owned by Mr. Holtzman.
 
Item 6.  Contracts, Arrangements, Understandings or Relationships with Respect to Securities of the Issuer
 
Item 6 is hereby amended and supplemented as follows:
 
On August 27, 2009, JMI executed an Amendment to Consulting Agreement with Casual Male Retail Group, Inc., dated as of May 17, 2009, which amends certain portions of the Consulting Agreement as previously amended.
 
See Item 7.
 

 
Item 7.  Material to be Filed as Exhibits.
 
Exhibit 1.  Amendment to Consulting Agreement dated as of May 17, 2009.
 

 
SIGNATURES
 
After reasonable inquiry and to the best knowledge and belief of the undersigned, the undersigned certify that the information set forth in this Statement is true, complete and correct.
 
Dated: September 11, 2009
 
/s/ Seymour Holtzman
Seymour Holtzman
 
/s/ Evelyn Holtzman
Evelyn Holtzman