0001179110-12-004181.txt : 20120305 0001179110-12-004181.hdr.sgml : 20120305 20120305145201 ACCESSION NUMBER: 0001179110-12-004181 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20120223 FILED AS OF DATE: 20120305 DATE AS OF CHANGE: 20120305 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Tongue Glenn H CENTRAL INDEX KEY: 0001409325 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-11174 FILM NUMBER: 12666163 MAIL ADDRESS: STREET 1: 600 MONTGOMERY STREET STREET 2: SUITE 1100 CITY: SAN FRANCISCO STATE: CA ZIP: 94111 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 3 1 edgar.xml FORM 3 - X0204 3 2012-02-23 0 0000887969 MRV COMMUNICATIONS INC MRVC.PK 0001409325 Tongue Glenn H 20415 NORDHOFF STREET CHATSWORTH CA 91311 1 0 0 0 Common Stock 6938147 I See Footnote 1 Common Stock 590 D Mr. Tongue is the co-manager and general partner of T2 Accredited Fund, L.P., T2 Qualified Fund, L.P., Tilson Offshore Fund, Ltd. and Tilson Focus Fund which own 3,098,652 shares, 1,382,505 shares, 1,896,090 shares and 560,900 shares of the Company's Common Stock, respectively. He may be deemed the beneficial owner of these shares. Mr. Tongue also owns 590 shares of the Company's Common Stock in his own name. Anne-Marie Frisch, Attorney-In-Fact for Glenn H. Tongue 2012-03-05 EX-24 2 poa_tongue.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 5th day of March, 2012. /s/ Glenn Tongue ------------------------------- GLENN TONGUE STATE OF NEW YORK On March 5, 2012, before me R. ANOUSKA BISWAS, NOTARY PUBLIC, Personally appeared GLENN TONGUE 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 New York that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /s/ R. Anouska Biswas [SEAL] ------------------------------------ R. ANOUSKA BISWAS, Notary Public