0001104659-12-077404.txt : 20121113 0001104659-12-077404.hdr.sgml : 20121112 20121113162123 ACCESSION NUMBER: 0001104659-12-077404 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20121102 FILED AS OF DATE: 20121113 DATE AS OF CHANGE: 20121113 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Maybaum Richard E. CENTRAL INDEX KEY: 0001561969 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-32483 FILM NUMBER: 121199020 MAIL ADDRESS: STREET 1: 8 SOUND SHORE DRIVE STREET 2: SUITE 303 CITY: GREENWICH STATE: CT ZIP: 06830 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Davis Robert E. CENTRAL INDEX KEY: 0001562024 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-32483 FILM NUMBER: 121199016 MAIL ADDRESS: STREET 1: 8 SOUND SHORE DRIVE STREET 2: SUITE 303 CITY: GREENWICH STATE: CT ZIP: 06830 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: ACCURIDE CORP CENTRAL INDEX KEY: 0000817979 STANDARD INDUSTRIAL CLASSIFICATION: MOTOR VEHICLE PARTS & ACCESSORIES [3714] IRS NUMBER: 611109077 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: ACCURIDE STREET 2: 7140 OFFICE CIRCLE CITY: EVANSVILLE STATE: IN ZIP: 47715 BUSINESS PHONE: 8129625000 MAIL ADDRESS: STREET 1: 7140 OFFICE CIRCLE CITY: EVANSVILLE STATE: IN ZIP: 47715 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Littlejohn Opportunities GP LLC CENTRAL INDEX KEY: 0001561992 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-32483 FILM NUMBER: 121199017 BUSINESS ADDRESS: STREET 1: 8 SOUND SHORE DRIVE STREET 2: SUITE 303 CITY: GREENWICH STATE: CT ZIP: 06830 BUSINESS PHONE: (203) 552-3500 MAIL ADDRESS: STREET 1: 8 SOUND SHORE DRIVE STREET 2: SUITE 303 CITY: GREENWICH STATE: CT ZIP: 06830 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: SG Distressed Fund, LP CENTRAL INDEX KEY: 0001561994 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-32483 FILM NUMBER: 121199018 BUSINESS ADDRESS: STREET 1: 8 SOUND SHORE DRIVE STREET 2: SUITE 303 CITY: GREENWICH STATE: CT ZIP: 06830 BUSINESS PHONE: (203) 552-3500 MAIL ADDRESS: STREET 1: 8 SOUND SHORE DRIVE STREET 2: SUITE 303 CITY: GREENWICH STATE: CT ZIP: 06830 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Littlejohn Opportunities Master Fund LP CENTRAL INDEX KEY: 0001561998 STATE OF INCORPORATION: E9 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-32483 FILM NUMBER: 121199019 BUSINESS ADDRESS: STREET 1: 8 SOUND SHORE DRIVE STREET 2: SUITE 303 CITY: GREENWICH STATE: CT ZIP: 06830 BUSINESS PHONE: (203) 552-3500 MAIL ADDRESS: STREET 1: 8 SOUND SHORE DRIVE STREET 2: SUITE 303 CITY: GREENWICH STATE: CT ZIP: 06830 3 1 a3.xml 3 X0206 3 2012-11-02 0 0000817979 ACCURIDE CORP ACW 0001561998 Littlejohn Opportunities Master Fund LP 800 SOUND SHORE DRIVE GREENWICH CT 06830 0 0 1 0 0001561994 SG Distressed Fund, LP 800 SOUND SHORE DRIVE GREENWICH CT 06830 0 0 1 0 0001561992 Littlejohn Opportunities GP LLC 800 SOUND SHORE DRIVE GREENWICH CT 06830 0 0 1 0 0001562024 Davis Robert E. 800 SOUND SHORE DRIVE GREENWICH CT 06830 0 0 1 0 0001561969 Maybaum Richard E. 800 SOUND SHORE DRIVE GREENWICH CT 06830 0 0 1 0 Common Stock 2742223 D Common Stock 3012702 D Common Stock 746127 D Common Stock 310819 D Common Stock 74365 D Common Stock 8650 D These shares are directly owned by Cetus Capital, LLC ("Cetus"). Littlejohn Fund III, L.P. ("Fund III"), as the sole member of Cetus, and Littlejohn Associates III, L.L.C. ("Associates III"), the general partner of Fund III, may each be deemed to be the indirect beneficial owner of these shares. Each of Fund III and Associates III disclaim any beneficial ownership of the shares included in this report except to the extent of their respective pecuniary interests therein, and this report shall not be deemed an admission that Fund III or Associates III is the beneficial owner of such securities for purposes of Section 16 or for any other purposes. These shares are directly owned by Cetus Capital II, LLC ("Cetus II"). Littlejohn Fund IV, L.P. ("Fund IV"), as the sole member of Cetus II, and Littlejohn Associates IV, L.L.C. ("Associates IV"), the general partner of Fund IV, may each be deemed to be the indirect beneficial owner of these shares. Each of Fund IV and Associates IV disclaim any beneficial ownership of the shares included in this report except to the extent of their respective pecuniary interests therein, and this report shall not be deemed an admission that Fund IV or Associates IV is the beneficial owner of such securities for purposes of Section 16 or for any other purposes. These shares are directly owned by Littlejohn Opportunities Master Fund LP ("Opportunities Master Fund"). Littlejohn Opportunities GP LLC ("Opportunities GP"), the general partner of Opportunities Master Fund, may be deemed to be the indirect beneficial owner of these shares. Opportunities GP disclaims any beneficial ownership of the shares included in this report except to the extent of their respective pecuniary interests therein, and this report shall not be deemed an admission that Opportunities GP is the beneficial owner of such securities for purposes of Section 16 or for any other purposes. These shares are directly owned by SG Distressed Fund, LP ("Distressed Fund"). Opportunities GP, the general partner of Distressed Fund, may be deemed to be the indirect beneficial owner of these shares. Opportunities GP disclaims any beneficial ownership of the shares included in this report except to the extent of their respective pecuniary interests therein, and this report shall not be deemed an admission that Opportunities GP is the beneficial owner of such securities for purposes of Section 16 or for any other purposes. These shares are directly owned by Robert E. Davis, who is a portfolio manager for Cetus, Cetus II, Opportunities Master Fund and Distressed Fund. Mr. Davis disclaims any beneficial ownership of the shares included in this report except to the extent of his respective pecuniary interests therein, and this report shall not be deemed an admission that Mr. Davis is the beneficial owner of such securities for purposes of Section 16 or for any other purposes. These shares are directly owned by Richard E. Maybaum, who is a portfolio manager for Cetus, Cetus II, Opportunities Master Fund and Distressed Fund. Mr. Maybaum disclaims any beneficial ownership of the shares included in this report except to the extent of his respective pecuniary interests therein, and this report shall not be deemed an admission that Mr. Maybaum is the beneficial owner of such securities for purposes of Section 16 or for any other purposes. 2 of 2 joint reports. *Power of Attorney granted by Cetus, Fund III, Associates III, Cetus II, Fund IV, Associates IV, Opportunities Master Fund, Opportunities GP, Distressed Fund, Robert E. Davis and Richard E. Maybaum in favor of Robert E. Davis and Kenneth Warren, dated November 13, 2012, is filed herewith as Exhibit 24. Robert E. Davis, Attorney-in-Fact for each Reporting Person 2012-11-13 EX-24 2 ex-24.htm EX-24 Exhibit 24

Exhibit 24

 

POWER OF ATTORNEY

 

Know all by these presents, that the undersigned hereby constitutes and appoints Robert E. Davis and Kenneth Warren, and each of them, acting singly, as the undersigned’s true and lawful attorney-in-fact to:

 

(1)         execute for and on behalf of the undersigned, in the undersigned’s capacity as holder of securities issued by Accuride Corporation (the “Company”), Forms 3, 4 and 5 in accordance with Section 16(a) of the Securities Exchange Act of 1934 and the rules thereunder;

 

(2)         do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form 3, 4, and 5 or other form or report, and timely file such form or report with the United States Securities and Exchange Commission and any stock exchange or similar authority; and

 

(3)         take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in such attorney-in-fact’s discretion.

 

The undersigned hereby grants to such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-fact’s substitute or substitutes, shall lawfully do or cause to be one by virtue of this power of attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorney-in-fact, in serving in such capacity at the request of the undersigned, is not assuming, nor is the Company assuming, any of the undersigned’s responsibilities to comply with Section 16 of the Securities Exchange Act of 1934 or Form 144 in accordance with Rule 144 under the Securities Act of 1933.

 

This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4, 5 with respect to the undersigned’s holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact.

 

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IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 13th day of November, 2012.

 

 

 

/s/ Robert E. Davis

 

Robert E. Davis

 

 

 

 

 

/s/ Richard E. Maybaum

 

Richard E. Maybaum

 

 

 

 

 

Cetus Capital, LLC

 

 

 

By: Littlejohn Fund III, L.P., manager

 

By: Littlejohn Associates III, L.L.C., its general partner

 

 

 

 

 

 

 

Name:

/s/ Robert E. Davis

 

By:

Robert E. Davis, authorized signatory

 

 

 

 

 

 

 

Littlejohn Fund III, L.P.

 

 

 

By: Littlejohn Associates III, L.L.C., its general partner

 

 

 

 

 

 

Name:

/s/ Robert E. Davis

 

By:

Robert E. Davis, authorized signatory

 

 

 

 

 

Littlejohn Associates III, L.L.C.

 

 

 

 

 

Name:

/s/ Robert E. Davis

 

By:

Robert E. Davis, authorized signatory

 

 

 

 

 

 

 

Cetus Capital II, LLC

 

 

 

By: Littlejohn Fund IV, L.P., manager

 

By: Littlejohn Associates IV, L.L.C., its general partner

 

 

 

 

 

 

 

Name:

/s/ Robert E. Davis

 

By:

Robert E. Davis, authorized signatory

 

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Littlejohn Fund IV, L.P.

 

 

 

By: Littlejohn Associates IV, L.L.C., its general partner

 

 

 

 

 

 

 

Name:

/s/ Robert E. Davis

 

By:

Robert E. Davis, authorized signatory

 

 

 

 

 

 

 

Littlejohn Associates IV, L.L.C.

 

 

 

 

 

 

 

Name:

/s/ Robert E. Davis

 

By:

Robert E. Davis, authorized signatory

 

 

 

 

 

 

 

Littlejohn Opportunities Master Fund LP

 

 

 

By: Littlejohn Opportunities GP LLC, its general partner

 

 

 

 

 

 

 

Name:

/s/ Robert E. Davis

 

By:

Robert E. Davis, authorized signatory

 

 

 

 

 

 

 

SG Distressed Fund, LP

 

 

 

By: Littlejohn Opportunities GP LLC, its general partner

 

 

 

 

 

 

 

Name:

/s/ Robert E. Davis

 

By:

Robert E. Davis, authorized signatory

 

 

 

 

 

 

 

Littlejohn Opportunities GP LLC

 

 

 

 

 

 

 

Name:

/s/ Robert E. Davis

 

By:

Robert E. Davis, authorized signatory

 

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