| FORM 4 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934 or Section 30(h) of the Investment Company Act of 1940 |
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| Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b). | |||||||||||||||||
1. Name and Address of Reporting Person*
(Street)
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2. Issuer Name and Ticker or Trading Symbol
CKE RESTAURANTS INC [ CKR ] |
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
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3. Date of Earliest Transaction
(Month/Day/Year) 10/24/2007 | ||||||||||||||||||||||||||
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4. If Amendment, Date of Original Filed
(Month/Day/Year) |
6. Individual or Joint/Group Filing (Check Applicable Line)
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| Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned | ||||||||||
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| 1. Title of Security (Instr. 3) | 2. Transaction Date (Month/Day/Year) | 2A. Deemed Execution Date, if any (Month/Day/Year) | 3. Transaction Code (Instr. 8) | 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) | 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) | 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 7. Nature of Indirect Beneficial Ownership (Instr. 4) | |||
| Code | V | Amount | (A) or (D) | Price | ||||||
| Common Stock | 10/24/2007 | P | 200,000 | A | $15.7417 | 1,200,000 | I | See footnotes (1) and (2) below(1)(2) | ||
| Common Stock | 10/25/2007 | P | 75,000 | A | $15.9803 | 1,275,000 | I | See footnotes (1) and (2) below(1)(2) | ||
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Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities) | |||||||||||||||
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| 1. Title of Derivative Security (Instr. 3) | 2. Conversion or Exercise Price of Derivative Security | 3. Transaction Date (Month/Day/Year) | 3A. Deemed Execution Date, if any (Month/Day/Year) | 4. Transaction Code (Instr. 8) | 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) | 6. Date Exercisable and Expiration Date (Month/Day/Year) | 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) | 8. Price of Derivative Security (Instr. 5) | 9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) | 10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 11. Nature of Indirect Beneficial Ownership (Instr. 4) | ||||
| Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||||||
1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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| Explanation of Responses: |
| 1. GSO Capital is deemed to hold shares of common stock of CKE (the "Securities") indirectly as the beneficial owner. These Securities are held by GSO Credit Opportunities Fund (Helios), L.P. (''GSO Helios''), GSO Special Situations Overseas Master Fund Ltd. (''GSO Overseas'') and GSO Special Situations Fund LP (''GSO SS'' and, together with GSO Helios and GSO Overseas, the ''GSO Funds''). GSO Capital serves as investment manager to the GSO Funds. GSO Capital disclaims beneficial ownership of such Securities except to the extent of its pecuniary interest therein. |
| 2. GSO LLC (the "General Partner") is the general partner of GSO Capital. Bennett J. Goodman (''Mr. Goodman''), J. Albert Smith III (''Mr. Smith'') and Douglas I. Ostrover (''Mr. Ostrover'' and together with Mr. Goodman and Mr. Smith, the ''GSO Managing Members'') are the managing members of the General Partner. The General Partner and the GSO Managing Members (collectively, the ''GSO Persons'') disclaim beneficial ownership of such securities, and this report shall not be deemed an admission that the GSO Persons are the beneficial owners of the securities for the purpose of Section 16 or for any other purpose, except to the extent of the GSO Persons' pecuniary interest therein. |
| Remarks: |
| GSO Capital Partners LP ("GSO Capital") may be deemed a director by virtue of the fact that an employee of GSO Capital (Matthew Goldfarb) currently serves on the board of directors of CKE Restaurants, Inc. ("CKE"). Shares of CKE common stock directly held by Matthew Goldfarb are reported on Mr. Goldfarb's Form 4, dated October 3, 2007. |
| /s/ George Fan, Chief Legal Officer / Chief Compliance Officer of GSO Capital Partners, LP | 10/25/2007 | |
| ** Signature of Reporting Person | Date | |
| Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | ||
| * If the form is filed by more than one reporting person, see Instruction 4 (b)(v). | ||
| ** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). | ||
| Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. | ||
| Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. | ||