-----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, IAIa/qhw5oXnr2Ok/Gqt6zzanwszdKA6dvTVez85XxF9yZEA7L/ArT8CUsEMT04F ub7q6oVuNnWAmwpoKhDlFw== 0000950144-97-004391.txt : 19970418 0000950144-97-004391.hdr.sgml : 19970418 ACCESSION NUMBER: 0000950144-97-004391 CONFORMED SUBMISSION TYPE: SC 13D/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19970417 SROS: NASD SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: MOTIVEPOWER INDUSTRIES INC CENTRAL INDEX KEY: 0000919563 STANDARD INDUSTRIAL CLASSIFICATION: RAILROAD EQUIPMENT [3743] IRS NUMBER: 820461010 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13D/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-44069 FILM NUMBER: 97583051 BUSINESS ADDRESS: STREET 1: 1200 REEDSDALE ST CITY: PITTSBURGH STATE: PA ZIP: 15233 BUSINESS PHONE: 4122372250 MAIL ADDRESS: STREET 1: 1200 REEDSDALE STREET CITY: PITTSBURGH STATE: PA ZIP: 15233 FORMER COMPANY: FORMER CONFORMED NAME: MK RAIL CORP DATE OF NAME CHANGE: 19940228 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: INTERNATIONALE NEDERLANDEN CAPITAL CORP CENTRAL INDEX KEY: 0000939812 STANDARD INDUSTRIAL CLASSIFICATION: UNKNOWN SIC - 0000 [0000] STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13D/A BUSINESS ADDRESS: STREET 1: 135 EAST 57TH STREET CITY: NEW YORK STATE: NY ZIP: 10022 BUSINESS PHONE: 212-446-1500 MAIL ADDRESS: STREET 1: MURPHY WEIR & BUTLER STREET 2: 101 CALIFORNIA STREET CITY: SAN FRANCISCO STATE: CA ZIP: 94111 SC 13D/A 1 MOTIVEPOWER INDUSTRIES, INC. / ING (U.S.) CAPITAL 1 UNITED STATES SECURITIES AND EXCHANGE COMMISSION ---------------------------------- Washington, D.C. 20549 ---------------------- SCHEDULE 13D ------------ Under the Securities Exchange Act of 1934 ----------------------------------------- (Amendment No. 1 )* MotivePower Industries, Inc. ---------------------------- (Name of Issuer) Common Stock, Par Value $0.01 Per Share --------------------------------------- (Title of Class of Securities) 00055305T-100 ------------- (CUSIP Number) Mr. William Austin 212-409-6155 ING (U.S.) Capital Corporation 135 East 57th Street New York, New York 10022 ------------------------ (Name, Address and Telephone Number of Person Authorized to Receive Notices and Communications) Copy to: Walter W. Driver, Jr. King & Spalding 191 Peachtree Street, N.E. Atlanta, Georgia 30303 November 1, 1996 ---------------- (Date of Event Which Requires Filing of this Statement) If the filing person has previously filed a statement on Schedule 13G to report the acquisition which is the subject of this Schedule 13D, and is filing this schedule because of Rule 13d-1(b)(3) or (4), check the following box: / / 2 Check the following box if a fee is being paid with the Statement. / / (A fee is not required only if the reporting person (1) has a previous statement on file reporting beneficial ownership of more than five percent of the class of securities described in Item 1; and (2) has filed no amendment subsequent thereto reporting beneficial ownership of five percent or less of such class.) (See Rule 13d-7.) NOTE: Six copies of this statement, including all exhibits, should be filed with the Commission. See Rule 13d-1(a) for other parties to whom copies are to be sent. * The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosure provided in a prior cover page. The information required on the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 (the "Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes). (Continued on following pages) Page 2 of 7 Pages 3 CUSIP NO. 00055305T-100 ------------- 1. NAME OF REPORTING PERSON S.S. OR IRS IDENTIFICATION NO. OF ABOVE PERSON ING (U.S.) Capital Corporation 2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) / / (b) / X / 3. SEC USE ONLY 4. SOURCE OF FUNDS* OO 5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) / / 6. CITIZENSHIP OR PLACE OF ORGANIZATION Delaware NUMBER OF 7. SOLE VOTING POWER -0- SHARES BENEFICIALLY 8. SHARED VOTING POWER -0- OWNED BY EACH 9. SOLE DISPOSITIVE POWER -0- REPORTING PERSON WITH 10. SHARED DISPOSITIVE POWER -0- 11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON -0- 12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* / / 13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 0%
4 14. TYPE OF REPORTING PERSON* CO
*SEE INSTRUCTIONS BEFORE FILLING OUT! INCLUDE BOTH SIDES OF THE COVER PAGE, RESPONSES TO ITEMS 1-7 (INCLUDING EXHIBITS) OF THE SCHEDULE, AND THE SIGNATURE ATTESTATION Page 4 of 7 Pages 5 STATEMENT PURSUANT TO RULE 13d-1 OF THE GENERAL RULES AND REGULATIONS UNDER THE SECURITIES EXCHANGE ACT OF 1934 Item 3. Purpose of Transaction. Item 3 is amended and supplemented by adding to the information previously filed under this item the following: Pursuant to the Issuer's plan of reorganization, filed under Chapter 11 of the United States Bankruptcy Code, confirmed on August 26, 1996, ING (U.S.) Capital Corporation received 256,327 shares of the Issuer's Common Stock and other consideration in exchange for the release of the portion of the Issuer's debt obligations attributable to ING (U.S.) Capital Corporation. Item 4. Purpose of Transaction. Item 4 is amended and supplemented by adding to the information previously filed under this item the following: As of November 1, 1996 Holder transferred all shares of the Issuer's Common Stock to an affiliate of the Holder, ING Baring (U.S.) Capital Corporation. Item 5. Interest in Securities of the Issuer. Item 5 is amended and supplemented by adding to the information previously filed under this item the following: (a) As of the date on which this statement is executed, Holder no longer beneficially owns shares of Common Stock of the Issuer. All shares of Issuer's Common Stock were transferred to an indirect wholly owned subsidiary of U.S. Holdings, ING Baring (U.S.) Capital Corporation, as of November 1, 1996. As of the date of this filing, ING Baring (U.S.) Capital Corporation will be the reporting person. (c) Except as indicated herein and reports filed by ING Baring (U.S.) Capital Corporation, no transactions in the shares of Common Stock have been effected by (i) Holder, (ii) U.S. Capital Holdings, (iii) U.S. Holdings, (iv) INB, (v) ING and, (vi) to the best knowledge of Holder, by any Page 5 of 7 Pages 6 of the persons listed on Schedule 1 attached to the originally filed Schedule 13D, during the past 60 days. Item 7. Material to be filed as Exhibits. None. Page 6 of 7 Pages 7 SIGNATURES After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct. Dated: April 17, 1997 ING (U.S.) CAPITAL CORPORATION By: /s/ William A. Austin -------------------------- Name: William A. Austin Title: General Counsel Page 7 of 7 Pages -----END PRIVACY-ENHANCED MESSAGE-----