-----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, PGMWXpxKYS7S/JgmPKJMWG8Ismfyaak8fgVGTP9SamIZ1yw6tHmZVTQih05s1cFm jVFhI/+h3ahfsuXM9CFOIg== 0000030697-05-000016.txt : 20050124 0000030697-05-000016.hdr.sgml : 20050124 20050124192127 ACCESSION NUMBER: 0000030697-05-000016 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20050120 FILED AS OF DATE: 20050124 DATE AS OF CHANGE: 20050124 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: PELTZ NELSON CENTRAL INDEX KEY: 0000928265 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-26489 FILM NUMBER: 05545654 BUSINESS ADDRESS: BUSINESS PHONE: 212 451 3000 MAIL ADDRESS: STREET 1: 280 PARK AVENUE CITY: NEW YORK STATE: NY ZIP: 10017 FORMER NAME: FORMER CONFORMED NAME: NELSON PELTZ DATE OF NAME CHANGE: 19940810 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 pel12.xml X0202 4 2005-01-20 0 0001084961 ENCORE CAPITAL GROUP INC (ECPG) 0000928265 PELTZ NELSON C/O TRIARC COMPANIES, INC. 280 PARK AVENUE NEW YORK NY 10017 1 0 1 0 Common Stock 2005-01-20 4 S 0 964 20.00 D 1497024 I By Ltd Partnership Common Stock 2005-01-20 4 S 0 604790 20.00 D 1296800 I By Madison West Common Stock 2005-01-20 4 S 0 581310 20.00 D 0 I By Nelson Peltz Children's Trust Common Stock 101275 I By Triarc On January 20, 2005, in connection with an underwritten offering of the Issuer's Common Stock, Madison West Associates Corp. (Madison West), a wholly-owned subsidiary of Triarc Companies, Inc. (Triarc), the Nelson Peltz Children's Trust (the Trust), and the Peltz Family Limited Partnership (the Limited Partnership) entered into an Underwriting Agreement providing for the sale by Madison West of 604,790 shares of the Issuer's Common Stock, the sale by the Trust of 581,310 shares of the Issuer's Common Stock and the sale by the Limited Partnership of 964 shares of the Issuer's Common Stock at a price of $20.00 per share, less Underwriter's discounts and commissions of $0.35 per share. The offering is scheduled to close on January 25, 2005. All such shares are held by the Limited Partnership, an entity in which Mr. Peltz is a general partner. 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 shares are held by Madison West, a wholly-owned subsidiary of Triarc. Mr. Peltz is an officer, director and significant stockholder of Triarc. All such shares were held by the Trust, an entity in which Mr. Peltz is a trustee. All such shares are held by Triarc. Mr. Peltz is an officer, director and significant stockholder of Triarc. Exhibit List: Exhibit 24 - Power of Attorney By: Robin R. Pruitt, as Attorney-in-Fact for 2005-01-24 EX-24 2 exh24-np.txt Exhibit 24 POWER OF ATTORNEY Know all men by these presents, that the undersigned hereby constitutes and appoints Barry R. Barkley, J. Brandon Black, George Brooker and Robin R. Pruitt and each of them, his or her true and lawful attorney-in-fact to: (1) execute for and on behalf of the undersigned in the undersigned's capacity as an officer and/or director of Encore Capital Group, Inc. (the "Company"), any and all reports and forms required to be filed by the undersigned in accordance with Section 16 of the Securities Exchange Act of 1934 and the rules thereunder, including but not limited to all Forms 3, 4 and 5; (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 report or form and timely file the same with the United States Securities and Exchange Commission and any stock exchange or similar trading market; and (3) take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned, pursuant to this Power of Attorney, shall be in form and shall contain such terms and conditions as such attorney-in-fact may approve in his or her discretion. The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform all and every act and thing whatsoever requisite, necessary, and 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 his or her 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. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file reports or forms pursuant to Section 16 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 6th day of February, 2003. /s/Nelson Peltz ------------------------------------ Name: Nelson Peltz -----END PRIVACY-ENHANCED MESSAGE-----