-----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, O+tpvLRnCnGT0QYfj048WFAgnA3BObUk32Bu6nop3YkH2qPEuey6nwb/lckRmAtp pAT0GhsJUHfdpTtjKpXe2g== 0000030697-05-000159.txt : 20050624 0000030697-05-000159.hdr.sgml : 20050624 20050624183249 ACCESSION NUMBER: 0000030697-05-000159 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20050622 FILED AS OF DATE: 20050624 DATE AS OF CHANGE: 20050624 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: MAY PETER W CENTRAL INDEX KEY: 0000928264 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-26489 FILM NUMBER: 05915960 BUSINESS ADDRESS: BUSINESS PHONE: 212 451 3000 MAIL ADDRESS: STREET 1: 280 PARK AVENUE CITY: NEW YORK STATE: NY ZIP: 10017 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: ENCORE CAPITAL GROUP INC CENTRAL INDEX KEY: 0001084961 STANDARD INDUSTRIAL CLASSIFICATION: SHORT-TERM BUSINESS CREDIT INSTITUTIONS [6153] IRS NUMBER: 481090909 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 8875 AERO DRIVE, SUITE 200 CITY: SAN DIEGO STATE: CA ZIP: 92123 BUSINESS PHONE: 8007590327 MAIL ADDRESS: STREET 1: 8875 AERO DRIVE, SUITE 200 CITY: SAN DIEGO STATE: CA ZIP: 92123 FORMER COMPANY: FORMER CONFORMED NAME: MCM CAPITAL GROUP INC DATE OF NAME CHANGE: 19990430 FORMER COMPANY: FORMER CONFORMED NAME: MIDLAND CORP OF KANSAS DATE OF NAME CHANGE: 19990423 4 1 may22.xml X0202 4 2005-06-22 0 0001084961 ENCORE CAPITAL GROUP INC (ECPG) 0000928264 MAY PETER W C/O TRIARC COMPANIES, INC. 280 PARK AVENUE NEW YORK NY 10017 1 0 1 0 Common Stock 2005-06-22 4 S 0 8600 17.9100 D 1288200 I By Madison West Common Stock 2005-06-23 4 S 0 3700 17.5500 D 1284500 I By Madison West Common Stock 2005-06-23 4 S 0 1850 17.5700 D 1282650 I By Madison West Common Stock 2005-06-23 4 S 0 1850 17.6700 D 1280800 I By Madison West Common Stock 2005-06-23 4 S 0 2220 17.6900 D 1278580 I By Madison West Common Stock 2005-06-23 4 S 0 1850 17.7000 D 1276730 I By Madison West Common Stock 2005-06-23 4 S 0 962 17.7700 D 1275768 I By Madison West Common Stock 2005-06-23 4 S 0 2220 17.8100 D 1273548 I By Madison West Common Stock 15000 D Common Stock 101275 I By Triarc All such shares are held by Madison West Associates Corp., a wholly-owned subsidiary of Triarc Companies, Inc. (Triarc). Mr. May is an officer, director and significant stockholder of Triarc. The reporting person disclaims beneficial ownership of these securities, and this report shall not be deemed an admission that the reporting person is the beneficial owner of such securities for purposes of Section 16 or for any other purpose. All such securites are held by Triarc. Mr. May is an officer, director and significant stockholder of Triarc. Exhibit List: Exhibit 24 - Power of Attorney By: Brian L. Schorr, as Attorney-in-Fact for 2005-06-24 EX-24 2 pwmpower.txt Exhibit 24 POWER OF ATTORNEY Know all by these presents, that the undersigned hereby constitutes and appoints each of Brian L. Schorr and Stuart I. Rosen, signing singly, the undersigned's true and lawful attorney-in-fact to: (1) complete and execute for and on behalf of the undersigned, in the undersigned's capacity as (i) an officer, (ii) a director, and/or (iii) a 10% shareholder of Encore Capital Group, Inc. (the "Company"), Forms 3, 4, and 5 in accordance with Section 16(a) of the Securities Exchange Act of 1934 and the rules thereunder; and (2) do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form 3, 4 or 5, complete and execute any amendment or amendments thereto, and timely file such form with the United States Securities and Exchange Commission and any stock exchange or similar authority. The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-fact's substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorneys-in-fact, in serving in such capacity at the request of the undersigned, are not assuming, nor is the Company assuming, any of the undersigned's responsibilities to comply with Section 16 of the Securities Exchange Act of 1934 ("Section 16"). The undersigned hereby agrees on behalf of the undersigned and the undersigned's heirs, executors, legal representatives and assigns to indemnify, defend and hold each of the foregoing attorneys-in-fact harmless from and against any and all claims that may arise against such attorney-in-fact by reason of any violation by the undersigned of the undersigned's responsibilities under Section 16 or any other claim relating to any action taken by such attorney-in-fact pursuant to this Power of Attorney. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4, and 5 with respect to the undersigned's holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 24th day of June, 2005. PETER W. MAY ----------------------- Name: Peter W. May -----END PRIVACY-ENHANCED MESSAGE-----