-----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, HBPHbFvRwNA14aYuifsq7RDu9e3RsKkiHSsc2/QQfx6m5+VBTGyRhK4b7vGQptML DcvRGoc5JD55/0Gp0wuLGQ== /in/edgar/work/20000918/0000912057-00-041692/0000912057-00-041692.txt : 20000923 0000912057-00-041692.hdr.sgml : 20000923 ACCESSION NUMBER: 0000912057-00-041692 CONFORMED SUBMISSION TYPE: SC TO-I/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20000918 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: LATIN AMERICA INVESTMENT FUND INC CENTRAL INDEX KEY: 0000862599 STANDARD INDUSTRIAL CLASSIFICATION: [ ] IRS NUMBER: 133577304 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC TO-I/A SEC ACT: SEC FILE NUMBER: 005-42282 FILM NUMBER: 724460 BUSINESS ADDRESS: STREET 1: 153 EAST 53RD ST- 58TH FLR STREET 2: C/O BEA ASSOCIATES INC CITY: NEW YORK STATE: NY ZIP: 10022 BUSINESS PHONE: 2128322626 MAIL ADDRESS: STREET 1: C/O BEA ASSOCIATES STREET 2: ONE CITICORP CTR 153 E 53RD ST 58TH FL CITY: NEW YORK STATE: NY ZIP: 10022 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: LATIN AMERICA INVESTMENT FUND INC CENTRAL INDEX KEY: 0000862599 STANDARD INDUSTRIAL CLASSIFICATION: [ ] IRS NUMBER: 133577304 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC TO-I/A BUSINESS ADDRESS: STREET 1: 153 EAST 53RD ST- 58TH FLR STREET 2: C/O BEA ASSOCIATES INC CITY: NEW YORK STATE: NY ZIP: 10022 BUSINESS PHONE: 2128322626 MAIL ADDRESS: STREET 1: C/O BEA ASSOCIATES STREET 2: ONE CITICORP CTR 153 E 53RD ST 58TH FL CITY: NEW YORK STATE: NY ZIP: 10022 SC TO-I/A 1 a2025898zscto-ia.txt TO-I/A As filed with the Securities and Exchange Commission on September 18, 2000 ================================================================================ SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 --------------------- Schedule TO/A Tender Offer Statement under Section 14(d)(1) or 13(e)(1) of the Securities Exchange Act of 1934 (Amendment No. 1) The Latin America Investment Fund, Inc. (Name of Subject Company (issuer)) The Latin America Investment Fund, Inc. (Names of Filing Persons (offerer and issuer)) Common Stock, Par Value $.001 Per Share (Title of Class of Securities) 518279-10-4 (CUSIP Number of Class of Securities) Hal Liebes, Esq. Senior Vice President The Latin America Investment Fund, Inc. 466 Lexington Avenue 16th Floor New York, New York 10017 (212) 875-3500 (Name, address, and telephone number of person authorized to receive notices and communications on behalf of filing persons) With a copy to: Daniel Schloendorn, Esq. Willkie Farr & Gallagher 787 Seventh Avenue New York, New York 10019-6099 Calculation of Filing Fee
============================================================================================================ Transaction Valuation Amount of Filing Fee - ------------------------------------------------------------------------------------------------------------ $55,408,377(a)................................................ $11,082(b) ============================================================================================================
(a) Calculated as the aggregate maximum purchase price to be paid for 3,125,120 shares in the offer, based upon a price per share of $17.73, which represents 95% of the net asset value per share at September 5, 2000. (b) Calculated as 1/50th of 1% of the Transaction Valuation. [X] Check the box if any part of the fee is offset as provided by Rule O-11(a)(2) and identify the filing with which the offsetting fee was previously paid. Identify the previous filing by registration statement number, or the Form or Schedule and the date of its filing. Amount Previously Paid: $11,082 Form or Registration No. Schedule TO Filing Party: The Latin America Investment Fund, Inc. Date Filed: September 8, 2000 [ ] Check the box if the filing relates solely to preliminary communications made before the commencement of a tender offer. Check the appropriate boxes below to designate any transactions to which the statement relates: [ ] third-party tender offer subject to Rule 14d-1. [X] issuer tender offer subject to Rule 13e-4. [ ] going-private transaction subject to Rule 13e-3. [ ] amendment to Schedule 13D under Rule 13d-2. Check the following box if the filing is a final amendment reporting the results of the tender offer: [ ] ================================================================================ This Amendment No. 1 (this "Amendment") amends and supplements the Tender Offer Statement on Schedule TO filed by The Latin America Investment Fund, Inc., a Maryland corporation (the "Fund"), on September 8, 2000 (the "Schedule TO"), relating to the offer by the Fund to purchase for cash up to 3,125,120 of the Fund's issued and outstanding shares of Common Stock, par value $0.001 per share, upon the terms and subject to the conditions set forth in the Offer to Purchase (the "Offer to Purchase") and in the related Letter of Transmittal, copies of which are attached as Exhibits (a)(1) and (a)(2) to the Schedule TO. The items required to be disclosed in the Schedule TO, which incorporate by reference the information contained in the Offer to Purchase, are hereby amended as follows: (1) the first sentence under the caption "What if more than 3,125,120 shares are tendered (and not timely withdrawn)?" under the Summary Term Sheet of the Offer to Purchase is hereby amended to read its entirety as follows: "The Fund will purchase duly tendered shares from shareholders pursuant to the terms and conditions of the tender offer on a pro rata basis (disregarding fractions) in accordance with the number of shares tendered by each shareholder (and not timely withdrawn)." (2) The last paragraph of Section 4 of the Offer to Purchase is hereby deleted in its entirety. (3) The first sentence of the first paragraph of Section 16 of the Offer to Purchase is hereby replaced in its entirety by the following two sentences: "The Fund reserves the right, at any time during the pendency of the Offer, to amend or extend the Offer. The Fund also expressly reserves the right, in its sole discretion, to terminate the Offer and not accept for payment or pay for any shares not theretofore accepted for payment or paid for if any of the conditions specified in Section 4 hereof are not satisfied." SIGNATURE After due inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct. THE LATIN AMERICA INVESTMENT FUND, INC. By: /s/William W. Priest, Jr. Name: William W. Priest, Jr. Title: Chairman of the Board of Directors Dated: September 18, 2000
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