-----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, WPn9bBk5wlETUWi8RS/eWiANB9dWFzGIxBsZ5DHLZ5YfHoawBAU1/ATxx593l2Z3 WJvK6wRPEzr7pPhBH5mPew== 0001104659-06-082519.txt : 20061219 0001104659-06-082519.hdr.sgml : 20061219 20061219164823 ACCESSION NUMBER: 0001104659-06-082519 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20061219 FILED AS OF DATE: 20061219 DATE AS OF CHANGE: 20061219 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: DAYTON SUPERIOR CORP CENTRAL INDEX KEY: 0000854709 STANDARD INDUSTRIAL CLASSIFICATION: STEEL PIPE & TUBES [3317] IRS NUMBER: 310676346 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 7777 WASHINGTON VILLAGE DRIVE STREET 2: SUITE 130 CITY: DAYTON STATE: OH ZIP: 45459 BUSINESS PHONE: 9374287172 MAIL ADDRESS: STREET 1: 7777 WASHINGTON VILLAGE DRIVE STREET 2: SUITE 130 CITY: DAYTON STATE: OH ZIP: 45459 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: DS Coinvestment I, LLC CENTRAL INDEX KEY: 0001384068 STATE OF INCORPORATION: DE FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-11781 FILM NUMBER: 061287017 BUSINESS ADDRESS: STREET 1: 280 PARK AVENUE STREET 2: WEST TOWER 38TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 BUSINESS PHONE: 212-351-7900 MAIL ADDRESS: STREET 1: 280 PARK AVENUE STREET 2: WEST TOWER 38TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 3 1 a3.xml 3 X0202 3 2006-12-19 0 0000854709 DAYTON SUPERIOR CORP DSUP 0001384068 DS Coinvestment I, LLC C/O ODYSSEY INVESTMENT PARTNERS, LLC 280 PARK AVENUE, WEST TOWER, 38TH FLOOR NEW YORK NY 10017 0 0 1 0 Common Stock 2327841 D Pursuant to the terms of a voting agreement, Eric R. Zimmerman, President and Chief Executive Officer of Dayton Superior Corporation, a Delaware corporation (the "Company"), Edward J. Puisis, Executive Vice President and Chief Financial Officer of the Company, and Raymond E. Bartholomae, Executive Vice President and President, Symons, of the Company, have designated affiliates of DS Coinvestment I, LLC as attorneys-in-fact to vote or act by written consent with respect to an additional 502,985, 285,973 and 326,543 shares of the Company's common stock owned by Messrs. Zimmerman, Puisis and Bartholomae, respectively. DS Coinvestment I, LLC and its affiliates have no pecuniary interest in these shares, which are not reported in the table above. Exhibit 24 - Power of Attorney /s/ R. Charles Cassidy III, Attorney-in-fact for DS Coinvestment I, LLC 2006-12-19 EX-24 2 ex-24.htm EX-24

Exhibit 24

 

POWER OF ATTORNEY

 

Date: December 18, 2006

 

Know all men by these presents that Stephen Berger does hereby make, con stitute and appoint R. Charles Cassidy, III as a true and lawful attorney-in-fact of the undersigned with full powers of substitution and revocation, for and in the name, place and stead of the undersigned (both in the undersigned’s individual capacity and as a member of any limited liability company or as a partner of any partnership for which the undersigned is otherwise authorized to sign), to execute and deliver such forms as may be required to be filed from time to time with the Securities and Exchange Commission with respect to Dayton Superior Corporation and any investments therein by Odyssey Investment Partners Fund, L.P., Odyssey Capital Partners, LLC, Odyssey Investment Partners, LLC, Odyssey Coinvestors, LLC, DS Coinvestment I, LLC and DS Coinvestment II, LLC, pursuant to Sections 13(d) and 16(a) of the Securities Exchange Act of 1934, as amended (the “Act”), including without limitation, Schedule 13D, Schedule 13G, statements on Form 3, Form 4 and Form 5.

 

 

 

 

/s/ STEPHEN BERGER

 

 

Name: Stephen Berger

 


 

POWER OF ATTORNEY

 

Date: December 18, 2006

 

Know all men by these presents that Douglas W. Rotatori does hereby make, constitute and appoint R. Charles Cassidy, III as a true and lawful attorney-in-fact of the undersigned with full powers of substitution and revocation, for an d in the name, place and stead of the undersigned (both in the undersigned’s individual capacity and as a member of any limited liability company or as a partner of any partnership for which the undersigned is otherwise authorized to sign), to execute and deliver such forms as may be required to be filed from time to time with the Securities and Exchange Commission with respect to Dayton Superior Corporation and any investments therein by Odyssey Investment Partners Fund, L.P., Odyssey Capital Partners, LLC, Odyssey Investment Partners, LLC, Odyssey Coinvestors, LLC, DS Coinvestment I, LLC and DS Coinvestment II, LLC, pursuant to Sections 13(d) and 16(a) of the Securities Exchange Act of 1934, as amended (the “Act”), including without limitation, Schedule 13D, Schedule 13G, statements on Form 3, Form 4 and Form 5.

 

 

 

/s/ DOUGLAS W. ROTATORI

 

Name: Douglas W. Rotatori

 


 

POWER OF ATTORNEY

 

Date: December 18, 2006

 

Know all men by these presents that William F. Hopkins does hereby make, constitute and appoint R. Charles Cassidy, III as a true and lawful attorney-in-fact of the undersigned with full powers of substitution and revocation, for and in the name, place and stead of the undersigned (both in the undersigned’s individual capacity and as a member of any limited liability company or as a partner of any partnership for which the undersigned is otherwise authorized to sign), to execute and deliver such forms as may be required to be filed from time to time with the Securities and Exchange Commission with respect to Dayton Superior Corporation and any investments therein by Odyssey Investment Partners Fund, L.P., Odyssey Capital Partners, LLC, Odyssey Investment Partners, LLC, Odyssey Coinvestors, LLC, DS Coinvestment I, LLC and DS Coinvestment II, LLC, pursuant to Sections 13(d) and 16(a) of the Securities Exchange Act of 1934, as amended (the “Act”), including without limitation, Schedule 13D, Schedule 13G, statements on Form 3, Form 4 and Form 5.

 

 

 

/s/ WILLIAM F. HOPKINS

 

Name: William F. Hopkins

 


 

POWER OF ATTORNEY

 

Date: December 18, 2006

 

Know all men by these presents that Brian Kwait does hereby make, constitute and appoint R. Charles Cassidy, III as a true and lawful attorney-in-fact of the undersigned with full powers of substitution and revocation, for and in the name, place and stead of the undersigned (both in the undersigned’s individual capacity and as a member of any limited liability company or as a partner of any partnership for which the undersigned is otherwise authorized to sign), to execute and deliver such forms as may be required to be filed from time to time with the Securities and Exchange Commission with respect to Dayton Superior Corporation and any investments therein by Odyssey Investment Partners Fund, L.P., Odyssey Capital Partners, LLC, Odyssey Investment Partners, LLC, , Odyssey Coinvestors, LLC, DS Coinvestment I, LLC and DS Coinvestment II, LLC, pursuant to Sections 13(d) and 16(a) of the Securities Exchange Act of 1934, as amended (the “Act”), including without limitation, Schedule 13D, Schedule 13G, statements on Form 3, Form 4 and Form 5.

 

 

 

/s/ BRIAN KWAIT

 

Name: Brian Kwait

 


 

POWER OF ATTORNEY

 

Date: December 18, 2006

 

Know all men by these presents that Muzzafar Mirza does hereby make, constitute and appoint R. Charles Cassidy, III as a true and lawful attorney-in-fact of the undersigned with full powers of substitution and revocation, for and in the name, place and stead of the undersigned (both in the undersigned’s individual capacity and as a member of any limited liability company or as a partner of any partnership for which the undersigned is otherwise authorized to sign), to execute and deliver such forms as may be required to be filed from time to time with the Securities and Exchange Commission with respect to: (i) Dayton Superior Corporation and any investments therein by Odyssey Investment Partners Fund, L.P., Odyssey Capital Partners, LLC, Odyssey Investment Partners, LLC, , Odyssey Coinvestors, LLC, DS Coinvestment I, LLC and DS Coinvestment II, LLC, pursuant to Sections 13(d) and 16(a) of the Securities Exchange Act of 1934, as amended (the “Act”), including without limitation, Schedule 13D, Schedule 13G, statements on Form 3, Form 4 and Form 5 and (ii) in connection with any applications for EDGAR access codes, including without limitation the Form ID.

 

 

 

/s/ MUZZAFAR MIRZA

 

Name: Muzzafar Mirza

 

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