-----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, IMJ0fYUNcMj5wi3XTGS56J02w6D9UoCkiw7KSqeM2aSEF9u8VLQo0T/c7rKaILlD uQRLuQJrjVqi4Qm6FpqlaA== 0001027217-97-000003.txt : 19970304 0001027217-97-000003.hdr.sgml : 19970304 ACCESSION NUMBER: 0001027217-97-000003 CONFORMED SUBMISSION TYPE: SC 13D PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19970303 SROS: NASD SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: MUSTANG SOFTWARE INC CENTRAL INDEX KEY: 0000940986 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] IRS NUMBER: 770204718 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13D SEC ACT: 1934 Act SEC FILE NUMBER: 005-47447 FILM NUMBER: 97549416 BUSINESS ADDRESS: STREET 1: 6200 LAKE MING RD CITY: BAKERSFIELD STATE: CA ZIP: 93306 BUSINESS PHONE: 8058732500 MAIL ADDRESS: STREET 1: 6200 LAKE MING RD CITY: BAKERSFIELD STATE: CA ZIP: 93306 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: HEMING RICHARD J CENTRAL INDEX KEY: 0001027217 STANDARD INDUSTRIAL CLASSIFICATION: [] FILING VALUES: FORM TYPE: SC 13D BUSINESS ADDRESS: STREET 1: 6200 LAKE MING ROAD CITY: BAKERSFIELD STATE: CA ZIP: 93306 BUSINESS PHONE: 8058732500 MAIL ADDRESS: STREET 1: 6200 LAKE MING ROAD CITY: BAKERSFIELD STATE: CA ZIP: 93306 SC 13D 1 1 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 13D UNDER THE SECURITIES EXCHANGE ACT OF 1934 (AMENDMENT NO. 1) MUSTANG SOFTWARE, INC. (Name of Issuer) Common Stock, no par value (Title of Class of Securities) 62820W 10 7 (Cusip Number) Richard J. Heming Board of Director Mustang Software Inc. 6200 Lake Ming Road Bakersfield CA 93306 Telephone: (805) 873-2699 Fax: (805) 873-2474 (Name, Address and Telephone Number of Person Authorized to Receive Notices and Communications) February 20, 1997 (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 / / . Check the following box if a fee is being paid with the statement /X/. 2 SCHEDULE 13D CUSIP NO. 62820W 10 7 - ------------------------------------------------------------------------------- NAME OF REPORTING PERSON S.S. or I.R.S. IDENTIFICATION NO. OF ABOVE PERSON 1 Richard J. Heming - ------------------------------------------------------------------------------- CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP 2 (a) / / (b) / / - ------------------------------------------------------------------------------- 3 SEC USE ONLY - ------------------------------------------------------------------------------- SOURCE OF FUNDS 4 Not applicable - ------------------------------------------------------------------------------- 5 CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e) / / - ------------------------------------------------------------------------------- 6 CITIZENSHIP OR PLACE OF ORGANIZATION U.S.A. - ------------------------------------------------------------------------------- 7 SOLE VOTING POWER 849,250 on February 26, 1997 NUMBER OF ------------------------------------------------ SHARES 8 SHARED VOTING POWER BENEFICIALLY OWNED BY EACH ------------------------------------------------ REPORTING 9 SOLE DISPOSITIVE POWER PERSON 849,250 on February 26, 1997 WITH ------------------------------------------------ 10 SHARED DISPOSITIVE POWER - ------------------------------------------------------------------------------- AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 11 849,250 on February 26, 1997 - ------------------------------------------------------------------------------- 12 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES / / - ------------------------------------------------------------------------------- PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 13 25.3% on February 26, 1997 - ------------------------------------------------------------------------------- 14 TYPE OF REPORTING PERSON IN - ------------------------------------------------------------------------------- 3 CUSIP NO. 62820W 10 7 ITEM 1. SECURITY AND ISSUER. This statement relates to the Common Stock, no par value (the "Common Stock") of Mustang Software, Inc. (the "Company"), a California corporation with principal executive offices at 6200 Lake Ming Road, Bakersfield CA 93306. ITEM 2. IDENTITY AND BACKGROUND. This statement is being filed by Richard J. Heming. Mr. Heming's business address is 6050 Alfred Harrel Hwy., Bakersfield CA 93306. Mr. Heming is a Board of Director of the Company and is a citizen of the United States of America. During the past five years, Mr. Heming has not been convicted in a criminal proceeding and has not been a party to a civil proceeding of a judicial or administrative body of competent jurisdiction, as a result of which he is subject to a judgment, decree or final order enjoining future violations of, or prohibiting or mandating activities subject to, federal or state securities laws or finding any violation with respect to such laws. ITEM 3. SOURCE AND AMOUNT OF FUNDS AND OTHER CONSIDERATION. Not applicable. ITEM 4. PURPOSE OF TRANSACTION. This statement relates to the disposition of Common Stock of the Company, not the acquisition thereof. (a) Sales of the securities reported in Item 5 have resulted from sales by Merrill Lynch, Pierce, Fenner & Smith Incorporated, as pledgee of the reporting person (the "Pledgee"), under a margin loan (the "Margin Loan"). Additional sales of Common Stock pledged by the reporting person by the Pledgee are expected in order to satisfy a balance of approximately $240,000 remaining on the Margin Loan at February 26, 1997. The number of shares sold will depend on the price levels of the shares at the time of sale by the Pledgee. (b)-(j). The reporting person has no plans or proposals which relate to any of the matters specified in Items 5(b)-(j) of Schedule 13D. ITEM 5. INTEREST IN SECURITIES OF THE ISSUER. (a) See Items 11 and 13 on Page 2 of this Schedule 13D. (b) See Items 7 through 10 on Page 2 of this Schedule 13D. 4 CUSIP NO. 62820W 10 7 (c) The following table describes all transactions in the Common Stock by the reporting person within the last 60 days. All sales indicated in the table, which the reporting person has been advised by the Pledgee were made in the open market for the account of the Pledgee, reflect sales by the Pledgee to partially satisfy the Margin Loan. [S] [C] [C] Number of shares Price per Date sold share ------------ ----------- -------------- 1/24/97 2,000 $1.5000 1/28/97 5,000 $1.5000 2/07/97 2,500 $1.5000 2/10/97 2,500 $1.5000 2/11/97 10,000 $1.5000 2/18/97 5,500 $1.5000 2/20/97 10,000 $1.5000 2/26/97 2,000 $1.5000 ------------ 39,500 (d) Until the Margin Loan is satisfied, the Pledgee has the power to direct the proceeds from the sales of the shares pledged by the reporting person to secure the Margin Loan. The reporting person had pledged an aggregate of 300,000 shares of Common Stock or approximately 8.9% of the shares of Common Stock outstanding (before giving effect to sales of shares reported herein) to secure the Margin Loan from Pledgee. (e) Not applicable. ITEM 6. CONTRACTS, ARRANGEMENTS, UNDERSTANDINGS OR RELATIONSHIPS WITH RESPECT TO SECURITIES OF THE ISSUER. Incorporated by reference is Exhibit 1, included with SC 13D filed 1/27/97 which contains the terms of the reporting person's pledge to the Pledgee. ITEM 7. MATERIAL TO BE FILED AS EXHIBITS No Exhibits are being filed. 5 CUSIP NO. 62820W 10 7 SIGNATURE 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. February 28, 1997 /s/ Richard J. Heming ------------------------------------ Richard J. Heming -----END PRIVACY-ENHANCED MESSAGE-----