-----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, ORK5HKhkFb9U5xZaSEI9/K7ascASKhTtoyRHr/oAo5Hi23SpV6ubPD+MqMX7g02T AZlrN0o88JKaQrfGDdJ/5w== 0001013594-00-000013.txt : 20000202 0001013594-00-000013.hdr.sgml : 20000202 ACCESSION NUMBER: 0001013594-00-000013 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19991231 FILED AS OF DATE: 20000112 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: AVATEX CORP CENTRAL INDEX KEY: 0000716644 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE [6500] IRS NUMBER: 251425889 STATE OF INCORPORATION: DE FISCAL YEAR END: 0331 FILING VALUES: FORM TYPE: 4 SEC ACT: SEC FILE NUMBER: 000-27655 FILM NUMBER: 506253 BUSINESS ADDRESS: STREET 1: 5910 NORTH CENTRAL EXPRESSWAY STREET 2: SUITE 1780 CITY: DALLAS STATE: TX ZIP: 75206 BUSINESS PHONE: 2143657450 MAIL ADDRESS: STREET 1: 5910 NORTH CENTRAL EXPRESSWAY STREET 2: SUITE 1780 CITY: DALLAS STATE: TX ZIP: 75206 FORMER COMPANY: FORMER CONFORMED NAME: FOXMEYER HEALTH CORP DATE OF NAME CHANGE: 19941014 FORMER COMPANY: FORMER CONFORMED NAME: NATIONAL INTERGROUP INC DATE OF NAME CHANGE: 19920703 COMPANY DATA: COMPANY CONFORMED NAME: ELLIOTT ASSOCIATES LP CENTRAL INDEX KEY: 0000904495 STANDARD INDUSTRIAL CLASSIFICATION: UNKNOWN SIC - 0000 [0000] OWNER IRS NUMBER: 222140975 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 BUSINESS ADDRESS: STREET 1: 712 FIFTH AVENUE CITY: NEW YORK STATE: NY ZIP: 10019 BUSINESS PHONE: 2125062999 MAIL ADDRESS: STREET 1: ELLIOTT ASSOCIATES LP STREET 2: 712 5TH AVE CITY: NEW YORK STATE: NY ZIP: 10019 4 1 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP [x] Check box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b) FORM 4 Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(f) of the Investment Company Act of 1940 1. Name and Address of Reporting Person Westgate International, L.P. c/o HSBC (Cayman) Limited P.O. Box 1109, Mary Street Grand Cayman, Cayman Islands, BWI 2. Issuer Name and Ticker Trading Symbol Avatex Corporation (AAV) 3. IRS or Social Security Number of Reporting Person (Voluntary) 4. Statement for (Month/Day/Year) 12/99 5. If Amendment, Date of Original (Month/Year) 6. Relationship of Reporting Person to Issuer (Check all applicable) [ ] Director* [ ] Officer (give title below) [ ] Chairman [x] 10% Owner [ ] Other (specify below) 7. Individual or Joint/Group Filing (Check applicable line) [x] Form filed by one Reporting Person [ ] Form filed by more than one Reporting Person (Page 1 of 4) Table I Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned 1. Title of Security (Instr. 3) (a) Common Stock (b) $4.20 Cumulative Exchangeable Series A Preferred Stock 2. Transaction Date (Month/Day/Year) (a) 12/7/99* (b) 12/7/99 3. Transaction Code (Inst. 8) (a) S (b) J# V 4. Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) Amount: (a) 416,300 (b) 661,797 (A) or (D): (a) D (b) D Price: (a) $2.00 (b) # 5. Amount of Securities Beneficially Owned at End of Month (Instr. 3 and 4) (a) None (b) None 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) (a) D (b) D 7. Nature of Indirect Beneficial Ownership (Instr. 4) Not applicable. Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. (Page 2 of 4) Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned (e.g. puts, calls, warrants, options, convertible securities) 1. Title of Derivative Security (Instr. 3) Warrants# 2. Conversion or Exercisable Price of Derivative Security $2.25 3. Transaction Date (Month/Day/Year) 12/7/99 4. Transaction Code (Instr. 8) Code J# V 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) (A) 354,505 (D) 6. Date Exercisable and Expiration Date (Month/Day/Year) Date Exercisable: 3/7/00 Expiration Date: 3/7/05 7. Title and Amount of Underlying Securities (Instr. 3 and 4) Title: Common Stock Amount or Number of Shares: 354,505 8. Price of Derivative Security (Inst. 5) # (Page 3 of 4) 9. Number of Derivative Securities Beneficially Owned at End of Month (Instr. 4) 354,505 10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4) D 11. Nature of Indirect Beneficial Ownership (Instr. 4) Not applicable. Explanation of Responses: * The Reporting Person's present and former representatives each resigned as a Director of the Issuer prior to the consummation of the Merger (as defined below) and each of the other transactions reported on this Form 4. # The transactions reported in Table I entry (b) and Table II above represent consideration received by Westgate International, L.P. ("Westgate") pursuant to the merger of Xetava Corporation into Avatex Corporation (the "Merger") which was consummated on December 7, 1999. In exchange for each share of its $4.20 Cumulative Exchangeable Series A Preferred Stock, Westgate received pursuant to the Merger (i) $2.9705 in cash, (ii) $6.623 principal amount of 6.75% notes due 2002 of Avatex Funding, Inc., (iii) warrants to purchase 0.53567 shares of "new" Avatex common stock, and (iv) a deferred contingent cash right equal to its pro rata share of 84% of an amount equal to the lesser of $7.5 million or 20% of any net recovery that Avatex may receive in certain litigation against McKesson HBOC, Inc. et al. **Intentional misstatement or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). WESTGATE INTERNATIONAL, L.P. By: Martley International, Inc., as Attorney-in-Fact /s/ Paul E. Singer January 12, 2000 ----------------------------------------------------------------------- Paul E. Singer, President **Signature of Reporting Person Date (Page 4 of 4) -----END PRIVACY-ENHANCED MESSAGE-----