-----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, Oh20aCxivjbLvSlBDiiH7jlhLs2CqgDalxPtyYiPY2dSVnDiKOdtRlxvvkZYzlru QscZaNcIBUYZdBDjiDRLRQ== 0001179110-10-010709.txt : 20100617 0001179110-10-010709.hdr.sgml : 20100617 20100617190842 ACCESSION NUMBER: 0001179110-10-010709 CONFORMED SUBMISSION TYPE: 4/A PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20100615 FILED AS OF DATE: 20100617 DATE AS OF CHANGE: 20100617 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Shubin Stein Kenneth H CENTRAL INDEX KEY: 0001345051 FILING VALUES: FORM TYPE: 4/A SEC ACT: 1934 Act SEC FILE NUMBER: 001-11174 FILM NUMBER: 10904364 MAIL ADDRESS: STREET 1: 1995 BROADWAY STREET 2: SUITE 1801 CITY: NEW YORK STATE: NY ZIP: 10023 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: MRV COMMUNICATIONS INC CENTRAL INDEX KEY: 0000887969 STANDARD INDUSTRIAL CLASSIFICATION: SEMICONDUCTORS & RELATED DEVICES [3674] IRS NUMBER: 061340090 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 20415 NORDHOFF ST CITY: CHATSWORTH STATE: CA ZIP: 91311 BUSINESS PHONE: 8187730900 MAIL ADDRESS: STREET 1: 20415 NORDHOFF ST CITY: CHATSWORTH STATE: CA ZIP: 91311 4/A 1 edgar.xml FORM 4/A - X0303 4/A 2010-06-15 2010-06-17 0 0000887969 MRV COMMUNICATIONS INC MRVC.PK 0001345051 Shubin Stein Kenneth H 20415 NORDHOFF STREET CHATSWORTH CA 91311 1 0 0 0 Common Stock 2010-06-15 4 P 0 2000 1.27 A 128403 I See Footnote Common Stock 2010-06-15 4 P 0 18000 1.28 A 146403 I See Footnote Common Stock 2010-06-15 4 P 0 15000 1.29 A 161403 I See Footnote Common Stock 2010-06-15 4 P 0 65000 1.30 A 226403 I See Footnote Spencer Capital Select Fund, LP, of which Dr. Shubin Stein is the 100% beneficial owner, purchased 100,000 shares of MRV Communications, Inc.'s common stock on June 15, 2010. In addition, Dr. Shubin Stein, as managing member of Spencer Capital Partners, LLC and Spencer Capital Management, LLC has the right to vote the investments held by Spencer Capital Opportunity Fund, LP, and may be deemed to be the beneficial owner of 126,403 shares owned by Spencer Capital Opportunity Fund, LP. Spencer Capital Management, LLC, as an investment management firm for Spencer Capital Opportunity Fund, LP and Spencer Capital Partners, LLC, as the general partner of Spencer Capital Opportunity Fund, LP, may be deemed to be the beneficial owner of the 126,403 shares owned by Spencer Capital Opportunity Fund, LP. Anne-Marie Frisch, Attorney-in-Fact for Kenneth H. Shubin Stein 2010-06-17 EX-24 2 poa_shubinstein.txt LIMITED POWER OF ATTORNEY FOR SECTION 16 REPORTING OBLIGATIONS The undersigned's hereby makes, constitutes and appoints Anne-Marie Frisch and Jennifer Hankes Painter as the undersigned's true and lawful attorneys-in-fact, with full power and authority as hereinafter described on behalf of and in the name, place and stead of the undersigned to: (l) prepare, execute, acknowledge, deliver and file Forms 3,4, and 5 (including any amendments thereto) with respect to the securities of MRV Communications, Inc., a Delaware corporation (the "Company"), with the United States Securities and Exchange Commission, any national securities exchanges and the Company, as considered necessary or advisable under Section l6(a) of the Securities Exchange Act of 1934 and the rules and regulations promulgated thereunder, as amended from time to time (the "Exchange Act"); (2) seek or obtain, as the undersigned's representative and on the undersigned's behalf, information on transactions in the Company's securities from any third party, including brokers, employee benefit plan administrators and trustees, and the undersigned hereby authorizes any such person to release any such information to the undersigned and approves and ratifies any such release of information; and (3) perform any and all other acts which in the discretion of such attorneys-in-fact are necessary or desirable for and on behalf of the undersigned in connection with the foregoing. The undersigned acknowledges that: (1) this Power of Attorney authorizes, but does not require, such attorneys-in-fact to act in their discretion on information provided to them without independent verification of such information; (2) any documents prepared and/or executed by such attorneys-in-fact on behalf of the undersigned pursuant to this Power of Attorney will be in such form and will contain such information and disclosure as they, in their discretion, deem necessary or desirable; (3) neither the Company nor the attorneys-in-fact assume (i) any liability for the undersigned's responsibility to comply with the requirement of the Exchange Act, (ii) any liability of the undersigned for any failure to comply with such requirements, or (iii) any obligation or liability of the undersigned for profit disgorgement under Section l6(b) of the Exchange Act; and (4) this Power of Attorney does not relieve the undersigned from responsibility for compliance with the undersigned's obligations under the Exchange Act, including without limitation the reporting requirements under Section 16 of the Exchange Act. The undersigned hereby gives and grants the foregoing attorneys-in-fact full power and authority to do and perform all and every act and thing whatsoever requisite, necessary or appropriate to be done in and about the foregoing matters as fully to all intents and purposes as the undersigned might or could do if present, hereby ratifying all that such attorneys-in-fact of, for and on behalf of the undersigned, shall lawfully do or cause to be done by virtue of this Limited Power of Attorney. This Power of Attorney shall remain in full force and effect until revoked by the undersigned in a signed writing delivered to such attorneys-in-fact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 12th day of November, 2009. /s/ Kenneth Shubin Stein ------------------------------- KENNETH SHUBIN STEIN STATE OF CALIFORNIA COUNTY OF LOS ANGELES On NOVEMBER 12, 2009, before me ANNE-MARIE FRISCH, NOTARY PUBLIC, Personally appeared KENNETH SHUBIN STEIN who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /s/ Anne-Marie Frisch [SEAL] ------------------------------------ ANNE-MARIE FRISCH, Notary Public -----END PRIVACY-ENHANCED MESSAGE-----