-----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, LCf4/3x87kgJOLftusUL1Zwd9V1uPck6yRBKTEt7h0ZmcWApahdtId0omzFtXW2Z 6USxpbY+NVnxqV51CYtknA== 0000895345-09-000839.txt : 20091009 0000895345-09-000839.hdr.sgml : 20091009 20091009180551 ACCESSION NUMBER: 0000895345-09-000839 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20091007 FILED AS OF DATE: 20091009 DATE AS OF CHANGE: 20091009 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: BEEKHUIZEN MICK J CENTRAL INDEX KEY: 0001472653 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-34466 FILM NUMBER: 091114950 BUSINESS ADDRESS: BUSINESS PHONE: 212-902-1000 MAIL ADDRESS: STREET 1: C/O GOLDMAN, SACHS & CO. STREET 2: 85 BROAD STREET CITY: NEW YORK STATE: NY ZIP: 10004 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: EDUCATION MANAGEMENT CORPORATION CENTRAL INDEX KEY: 0000880059 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-EDUCATIONAL SERVICES [8200] IRS NUMBER: 251119571 FISCAL YEAR END: 0630 BUSINESS ADDRESS: STREET 1: 300 SIXTH AVENUE CITY: PITTSBURGH STATE: PA ZIP: 15222 BUSINESS PHONE: 4125620900 MAIL ADDRESS: STREET 1: 300 SIXTH AVE CITY: PITTSBURGH STATE: PA ZIP: 15222 3 1 mg3-edmc_beekhuizenex.xml X0203 3 2009-10-07 0 0000880059 EDUCATION MANAGEMENT CORPORATION EDMC 0001472653 BEEKHUIZEN MICK J C/O GOLDMAN, SACHS & CO. 85 BROAD STREET NEW YORK NY 10004 1 0 0 0 Common Stock 48010798 I See footnotes The Reporting Person is a vice president of Goldman, Sachs & Co. ("Goldman Sachs"). Goldman Sachs is a wholly-owned subsidiary of The Goldman Sachs Group, Inc. ("GS Group"). GS Group may be deemed to beneficially own 5,277 shares of common stock, par value $0.01 per share ("Common Stock") of Education Management Corporation (the "Company") pursuant to the Company's 2009 Omnibus Long - Term Incentive Plan, consisting of (i) 2,222 shares of Common Stock and (ii) 3,055 restricted shares (the "Restricted Shares"), in each case granted to Adrian M. Jones, a managing director of Goldman Sachs, in his capacity as a director of the Company. Mr. Jones has an understanding with GS Group pursuant to which such shares are held for the benefit of the GS Group. The Restricted Shares vest one year following the grant date of October 2, 2009 and settle upon termination of board service. Goldman Sachs and GS Group may be deemed to beneficially own indirectly, in the aggregate, 48,005,521 shares of Common Stock by reason of the beneficial ownership of Common Stock by certain investment limited partnerships of which affiliates of Goldman Sachs and GS Group are the general partner, managing limited partner, managing partner, managing member or member (the "Limited Partnerships"). Goldman Sachs is the investment manager of certain of the Limited Partnerships. Each of the Reporting Person, Mr. Jones, GS Group and Goldman Sachs disclaims beneficial ownership of all shares of Common Stock in excess of his or its pecuniary interest, if any, and this report shall not be deemed an admission that the Reporting Person, individual or entity, as applicable, is the beneficial owner of, or has any pecuniary interest in, such securities for purposes of Section 16 of the Securities Exchange Act of 1934, as amended, or for any other purpose. Yvette Kosic, Attorney-in-fact 2009-10-09 EX-99.1 2 beekhuizen99-1.htm

Exhibit 99.1

POWER OF ATTORNEY

The undersigned does hereby appoint Bruce A. Albert, Andrea DeMar, Yvette Kosic, Rachel Parrish, Justine Hansen and Kevin P. Treanor, (and any other employee of The Goldman Sachs Group, Inc. or one of its affiliates designated in writing by one of the attorneys-in-fact), his true and lawful attorneys, and each one of them his true and lawful attorney, with power to act without the other, and with full power of substitution and resubstitution, to execute for his and in his name any Initial Statement of Beneficial Ownership of Securities on Form 3, any Statement of Changes in Beneficial Ownership on Form 4 and any Annual Statement of Changes in Beneficial Ownership on Form 5, or any similar or successor form, which may be required to be filed by him with the Securities and Exchange Commission and any and all instruments necessary or incidental therewith, hereby granting unto said attorneys and each of them full power and authority to do and perform in the name and on behalf of the undersigned, and in any and all capacities, every act and thing whatsoever required or necessary to be done in and about the premises, as fully and to all intents and purposes as the undersigned might or could do in person, hereby ratifying and approving the act of said attorneys and each of them.

This power of attorney shall not be affected by the subsequent disability or incompetence of the principal. This power of attorney shall remain in full force and effect until either revoked in writing by the undersigned or until such time as the person or persons to whom power of attorney has been hereby granted cease(s) to be an employee of The Goldman Sachs Group, Inc. or one of its affiliates.

In witness thereof the undersigned hereunto signed his name this 11th day of September, 2009.

/s/ Mick J. Beekhuizen

Mick J. Beekhuizen

-----END PRIVACY-ENHANCED MESSAGE-----