-----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, O2w90r9+3oYDel5wucfkBfn2oVFPs1LKPJujNZc5lK5WZmzgyrvr15WAKmm1TNH9 lNySuWsnm4OfofYMwT1ieQ== 0001014108-09-000175.txt : 20090722 0001014108-09-000175.hdr.sgml : 20090722 20090722175949 ACCESSION NUMBER: 0001014108-09-000175 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20090720 FILED AS OF DATE: 20090722 DATE AS OF CHANGE: 20090722 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: ATAYAN CHRISTOPHER H CENTRAL INDEX KEY: 0001307899 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-15589 FILM NUMBER: 09957764 MAIL ADDRESS: STREET 1: C/O SLUSSER ASSOCIATES, INC. STREET 2: 153 EAST 53RD STREET CITY: NEW YORK STATE: NY ZIP: 10022 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: AMCON DISTRIBUTING CO CENTRAL INDEX KEY: 0000928465 STANDARD INDUSTRIAL CLASSIFICATION: WHOLESALE-GROCERIES & GENERAL LINE [5141] IRS NUMBER: 470702918 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 BUSINESS ADDRESS: STREET 1: 7405 IRVINGTON ROAD STREET 2: POST OFFICE BOX 641940 (68164-7940) CITY: OMAHA STATE: NE ZIP: 68122 BUSINESS PHONE: 4023313727 MAIL ADDRESS: STREET 1: 7405 IRVINGTON ROAD STREET 2: POST OFFICE BOX 641940 (68164-7940) CITY: OMAHA STATE: NE ZIP: 68122 4 1 primary_doc.xml PRIMARY DOCUMENT X0303 4 2009-07-20 0 0000928465 AMCON DISTRIBUTING CO DIT 0001307899 ATAYAN CHRISTOPHER H C/O AMCON DISTRIBUTING COMPANY 515 NORTH STATE STREET, SUITE 2650 CHICAGO IL 60654 1 1 1 0 CEO and Chairman Common Stock, par value $.01 per share 118019 D Series B Convertible Preferred Stock, par value $.01 24.65 2004-10-08 Common Stock 8113.5 8000 I See footnote Employee Stock Option (right to buy) 18 2016-12-12 Common Stock 25000 25000 D Series A Convertible Preferred Stock, par value $.01 30.31 2009-07-20 4 P 0 80000 0 A 2004-08-05 Common Stock 82481 100000 D The applicable conversion and exercise price and number of shares issuable on conversion or exercise are subject to anti-dulution adjustments. The Issuer may redeem the Series B Convertible Preferred Stock, at its option, commencing on October 9, 2006 and, at the option of the holder, must be redeemed upon a change of control, as defined in the Series B Convertible Preferred Stock. The Series B Convertible Preferred Stock does not have an expiration date and will remain outstanding and convertible at the option of the holder until converted or redeemed. Pursuant to an agreement among the Reporting Person, another individual (the "Second Participant"), and the holder of the Series B Convertible Preferred Stock, the holder has granted to the Reporting Person and the Second Participant a 20% participation interest in any capital gains realized by the holder from its investment in the Issuer, to be shared equally by the Reporting Person and the Second Participant. As a result of such participation interest, the Reporting Person may be deemed to have a pecuniary interest in such stock for purposes of 16a(2)(i) under the Securities Exchange Act of 1934. The Reporting Person does not possess the power to vote or dispose of the Series B Convertible Preferred Stock or to direct the vote or disposition of such stock, and disclaims any beneficial interest in such stock in excess of such pecuniary interest. The stock option vests and is exercisable in three equal annual installments beginning December 12, 2007. The Issuer may redeem the Series A Convertible Preferred Stock, at its option, commencing on June 17, 2006 and, at the option of the holder, must be redeemed upon a change of control, as defined in the Series A Convertible Preferred Stock. The Series A Convertible Preferred Stock does not have an expiration date and will remain outstanding and convertible at the option of the holder until converted or redeemed. Andrew C. Plummer, Attorney-in-Fact for Christopher H. Atayan 2009-07-21 -----END PRIVACY-ENHANCED MESSAGE-----