-----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, Sjpg867rCiwtEb/9Z6CRIWXWWZauGUwjJM0QZ8ThcFYhCfmLMxVUMvv0ec6BR0Po Ew1I4VSrFRtO7y8Q4VQJ/g== 0000935836-03-000264.txt : 20030910 0000935836-03-000264.hdr.sgml : 20030910 20030910184147 ACCESSION NUMBER: 0000935836-03-000264 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20030908 FILED AS OF DATE: 20030910 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: MPOWER HOLDING CORP CENTRAL INDEX KEY: 0001117042 STANDARD INDUSTRIAL CLASSIFICATION: TELEPHONE COMMUNICATIONS (NO RADIO TELEPHONE) [4813] IRS NUMBER: 522232143 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 171 SULLY'S TRAIL STREET 2: STE 202 CITY: PITTSFORD STATE: NY ZIP: 14534 BUSINESS PHONE: 7162186550 MAIL ADDRESS: STREET 1: 171 SULLY'S TRAIL STREET 2: STE 202 CITY: PITTSFORD STATE: NY ZIP: 14534 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: WEST HIGHLAND CAPITAL INC/LHG/WHP/PB/BP CENTRAL INDEX KEY: 0000904938 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-32941 FILM NUMBER: 03890728 BUSINESS ADDRESS: STREET 1: 300 DRAKES LANDING RD SUITE 290 CITY: GREENBRAE STATE: CA ZIP: 94904 BUSINESS PHONE: 4154619453 MAIL ADDRESS: STREET 1: 300 DRAKES LANDING ROAD STREET 2: SUITE 290 CITY: GREENBRAE STATE: CA ZIP: 94904 4 1 primary_doc.xml PRIMARY DOCUMENT X0201 4 2003-09-08 0 0001117042 MPOWER HOLDING CORP MPOW 0000904938 WEST HIGHLAND CAPITAL INC/LHG/WHP/PB/BP 300 DRAKES LANDING ROAD SUITE 290 GREENBRAE CA 94904 0 0 1 0 Common Stock 2003-09-08 4 S 0 100000 1.27 D 0 I See Notes The reporting persons consist of (i) Lang H. Gerhard ("Gerhard"), manager of Estero Partners, LLC, sole shareholder of West Highland Capital, Inc., and a general partner of investment limited partnerships; (ii) West Highland Capital, Inc. ("WHC"), a registered investment adviser and general partner of investment limited partnerships; (iii) Estero Partners, LLC ("Estero"), a general partner of investment limited partnerships, and (iv) West Highland Partners, L.P. ("WHP"), an investment limited partnership of which Gerhard, WHC and Estero are the general partners. Gerhard, WHC and Estero disclaim membership in a group with any other person within the meaning of Rule 13d-5(b)(i) and Rule 16a-1(a)(1) under the Exchange Act. WHP is filing jointly and disclaims membership in a group with any person within the meaning of Rule 13d-5(b)(i) and Rule 16a-1(a)(1) under the Exchange Act. The securities were sold by WHP and as such were owned indirectly by WHC, Estero and Gerhard. The zeros in the above table are placeholders only that are required by the EDGAR software and should be disregarded. After the transaction reported on this form, WHP directly owned 8,061,013 shares, Estero beneficially owned 8,061,613 shares indirectly, and the number of shares beneficially owned by each of Gerhard and WHC was 8,975,536. WHP disclaims beneficial ownership of the securities with respect to which its ownership is reported. Each of Gerhard, Estero and WHC disclaims beneficial ownership of the securities he or it beneficially owns, except to the extent, if any, of his or its pecuniary interest therein. West Highland Capital, Inc. by Bonnie George, Chief Operating Officer 2003-09-10 Lang H. Gerhard by West Highland Capital, Inc., Attorney-in-Fact 2003-09-08 Estero Partners, LLC by West Highland Capital, Inc., Attorney-in-Fact 2003-09-08 West Hihgland Partners, L.P. by West Highland Capital, Inc., Attorney-in-Fact 2003-09-08 -----END PRIVACY-ENHANCED MESSAGE-----