0001079973-13-000396.txt : 20130613 0001079973-13-000396.hdr.sgml : 20130613 20130613200255 ACCESSION NUMBER: 0001079973-13-000396 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20130611 FILED AS OF DATE: 20130613 DATE AS OF CHANGE: 20130613 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: AUTHENTIDATE HOLDING CORP CENTRAL INDEX KEY: 0000885074 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-COMPUTER INTEGRATED SYSTEMS DESIGN [7373] IRS NUMBER: 141673067 STATE OF INCORPORATION: DE FISCAL YEAR END: 0630 BUSINESS ADDRESS: STREET 1: CONNELL CORPORATE CENTER STREET 2: 300 CONNELL DRIVE, 5TH FLOOR CITY: BERKELEY HEIGHTS STATE: NJ ZIP: 07922 BUSINESS PHONE: 9087871700 MAIL ADDRESS: STREET 1: CONNELL CORPORATE CENTER STREET 2: 300 CONNELL DRIVE, 5TH FLOOR CITY: BERKELEY HEIGHTS STATE: NJ ZIP: 07922 FORMER COMPANY: FORMER CONFORMED NAME: BITWISE DESIGNS INC DATE OF NAME CHANGE: 19930328 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Lazarus Management Co LLC CENTRAL INDEX KEY: 0001531964 STATE OF INCORPORATION: CO FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-20190 FILM NUMBER: 13912560 BUSINESS ADDRESS: STREET 1: 3200 CHERRY CREEK SOUTH DRIVE STREET 2: SUITE 670 CITY: DENVER STATE: CO ZIP: 80209 BUSINESS PHONE: 303-500-8821 MAIL ADDRESS: STREET 1: 3200 CHERRY CREEK SOUTH DRIVE STREET 2: SUITE 670 CITY: DENVER STATE: CO ZIP: 80209 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: BORUS JUSTIN B CENTRAL INDEX KEY: 0001531960 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-20190 FILM NUMBER: 13912561 MAIL ADDRESS: STREET 1: 3200 CHERRY CREEK SOUTH DRIVE STREET 2: SUITE 670 CITY: DENVER STATE: CO ZIP: 80209 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: LAZARUS INVESTMENT PARTNERS LLLP CENTRAL INDEX KEY: 0001232118 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-20190 FILM NUMBER: 13912562 BUSINESS ADDRESS: STREET 1: 3200 CHERRY CREEK SOUTH DRIVE STREET 2: SUITE 670 CITY: DENVER STATE: CO ZIP: 80209 BUSINESS PHONE: 303-500-8821 MAIL ADDRESS: STREET 1: 3200 CHERRY CREEK SOUTH DRIVE STREET 2: SUITE 670 CITY: DENVER STATE: CO ZIP: 80209 4 1 adat_lazarus4.xml OWNERSHIP DOCUMENT X0306 4 2013-06-11 0 0000885074 AUTHENTIDATE HOLDING CORP ADAT 0001232118 LAZARUS INVESTMENT PARTNERS LLLP 3200 CHERRY CREEK SOUTH DRIVE SUITE 670 DENVER CO 80209 0 0 1 0 0001531960 BORUS JUSTIN B 3200 CHERRY CREEK SOUTH DRIVE SUITE 670 DENVER CO 80209 0 0 1 0 0001531964 Lazarus Management Co LLC 3200 CHERRY CREEK SOUTH DRIVE SUITE 670 DENVER CO 80209 0 0 1 0 Series D Preferred 1.0857 2013-06-11 4 P 0 200000 10.00 A 2013-12-17 Common Stock 1842113 200000 D Warrants (to buy) 0.95 2013-06-11 4 P 0 2000000 0 A 2013-12-17 2018-06-17 Common Stock 2000000 2000000 D The Series D Preferred is not convertible prior to this date. The Company can force conversion after three years. Conversion may require a written waiver of the holder at least 61 days before conversion and under certain circumstances may require shareholder approval. There is no expiration date for conversion and Series D remains convertible as long as it's outstanding. The warrants cannot be exercised except during the exercise period specified and may require a written waiver by the holder given at least 61 days before exercise. Under certain circumstances exercise may require approval of the issuer's common shareholders. Also contains cashless exercise provisions. Warrants were issued together with Series D Preferred Stock for a purchase price of $10.00 per share of Series D Preferred with no additional consideration for the Warrants. Exercise and conversion dates assume closing will occur on 6/17/13. If closing is delayed the dates will be delayed by the same number of days. The reported securities are owned directly by Lazarus Investment Partners LLLP, and indirectly by Lazarus Management Company LLC, as investment adviser and general partner of Lazarus Investment Partners LLLP, and Justin B. Borus, as managing member of Lazarus Management Company LLC. Lazarus Management Company LLC and Justin B. Borus disclaim beneficial ownership of the reported securities except to the extent of their pecuniary interest therein. /s/ Justin Borus, individually, and as managing member of Lazarus Management Company LLC for itself and as general partner of Lazarus Investment Partners LLLP 2013-06-13