-----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, WVUNr+BUOMYtzXM85Gj0zjATBEhbB3VUW/QdzAFNNi6PrBaiNHRsdd4mTnCmnb4j oLFgXmECLS09MAPkjs4pxA== 0001181431-05-034915.txt : 20050616 0001181431-05-034915.hdr.sgml : 20050615 20050616094111 ACCESSION NUMBER: 0001181431-05-034915 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20050614 FILED AS OF DATE: 20050616 DATE AS OF CHANGE: 20050616 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: ROTH JOHN M CENTRAL INDEX KEY: 0000916864 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-32369 FILM NUMBER: 05899131 BUSINESS ADDRESS: BUSINESS PHONE: 2127582555 MAIL ADDRESS: STREET 1: 599 LEXINGTON AVENUE STREET 2: 18TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10022 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: AFC ENTERPRISES INC CENTRAL INDEX KEY: 0001041379 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 582016606 STATE OF INCORPORATION: MN FISCAL YEAR END: 1229 BUSINESS ADDRESS: STREET 1: SIX CONCOUSE PARKWAY SUITE 1700 CITY: ATLANTA STATE: GA ZIP: 30328 BUSINESS PHONE: 7703919500 MAIL ADDRESS: STREET 1: SIX CONCOUSE PARKWAY SUITE 1700 CITY: ATLANTA STATE: GA ZIP: 30328 4 1 rrd82692.xml FORM 4 X0202 4 2005-06-14 0 0001041379 AFC ENTERPRISES INC AFCE 0000916864 ROTH JOHN M C/O FREEMAN SPOGLI & CO. 11100 SANTA MONICA BOULEVARD, SUITE 1900 LOS ANGELES CA 90025 1 0 0 0 Common Stock 2005-06-14 4 S 0 1678545 14.42 D 4792558 I See Note Common Stock 2005-06-14 4 S 0 67436 14.42 D 192544 I See Note Common Stock 2005-06-14 4 S 0 204019 14.42 D 582513 I See Note FS Equity Partners III, L.P., a Delaware limited partnership (the "Partnership"), is the record owner of the common stock listed above (the "Common Stock"). FS Capital Partners, L.P., a California limited partnership (the "General Partner"), is the sole general partner of the Partnership. FS Holdings, Inc., a California corporation ("Holdings Corp."), is the sole general partner of the General Partner. John M. Roth, a director of AFC Enterprises, Inc. (the "Issuer"), is a director, officer and shareholder of Holdings Corp. Mr. Roth disclaims beneficial ownership of the Common Stock beneficially owned by the Partnership, the General Partner and Holdings Corp. except to the extent of his individual pecuniary interests therein. FS Equity Partners International, L.P., a Delaware limited partnership (the "International Partnership"), is the record owner of the common stock listed above. FS&Co. International, L.P., a Cayman Islands limited partnership (the "International GP"), is the sole general partner of the International Partnership. John M. Roth, a director of the Issuer, is a limited partner of the International GP. Mr. Roth disclaims beneficial ownership of the Common Stock beneficially owned by the International Partnership and the International GP except to the extent of his individual pecuniary interests therein. FS Equity Partners IV, L.P., a Delaware limited partnership (the "FSEP Partnership"), is the record owner of the Common Stock listed above. FS Capital Partners LLC, a Delaware limited liability company (the "GP"), is the sole general partner of the FSEP Partnership. John M. Roth, a director of the Issuer, is an officer and managing member of the GP. Mr. Roth disclaims beneficial ownership of the Common Stock beneficially owned by the FSEP Partnership and the GP except to the extent of his individual pecuniary interests therein. On June 14, 2005, each of the Partnership, the International Partnership and the FSEP Partnership agreed to sell 1,678,545, 67,436 and 204,019 shares of Common Stock, respectively, to Credit Suisse First Boston LLC pursuant to Rule 144 of the Securities Act of 1933. It is estimated that the transaction will close on June 17, 2005. /s/ John M. Roth 2005-06-15 -----END PRIVACY-ENHANCED MESSAGE-----