-----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, BCks+zAOhlcDSzIrevpp+Sei+RIpNBwi/JzNBOkxspx5v4972oVM6p9Ej9x6iTPx kt72MVvYatObLakB3VwZag== 0000899140-98-000246.txt : 19980513 0000899140-98-000246.hdr.sgml : 19980513 ACCESSION NUMBER: 0000899140-98-000246 CONFORMED SUBMISSION TYPE: SC 13D/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19980512 SROS: NASD GROUP MEMBERS: LOUIS M. BACON GROUP MEMBERS: MOORE CAPITAL MANAGEMENT INC /NEW GROUP MEMBERS: MOORE GLOBAL INVESTMENTS, LTD. SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: APEX SILVER MINES LTD CENTRAL INDEX KEY: 0001011509 STANDARD INDUSTRIAL CLASSIFICATION: SILVER ORES [1044] IRS NUMBER: 000000000 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13D/A SEC ACT: SEC FILE NUMBER: 005-52021 FILM NUMBER: 98617142 BUSINESS ADDRESS: STREET 1: CALEDONIAN HOUSE GROUND FL GEORGETOWN CITY: GRAND CAYMAN CAYMAN STATE: E9 BUSINESS PHONE: 3499490050 MAIL ADDRESS: STREET 1: CALEDONIAN HOUSE MARY STREET STREET 2: GEORGE TOWN GRAND CAYMAN ISLAND BWI FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: MOORE CAPITAL MANAGEMENT INC /NEW CENTRAL INDEX KEY: 0000924178 STANDARD INDUSTRIAL CLASSIFICATION: [] FILING VALUES: FORM TYPE: SC 13D/A BUSINESS ADDRESS: STREET 1: 1251 AVENUE OF THE AMERICAS CITY: NEW YORK STATE: NY ZIP: 10020 BUSINESS PHONE: 2127827325 MAIL ADDRESS: STREET 1: 1251 AVENUE OF THE AMERICAS CITY: NEW YORK STATE: NY ZIP: 10020 SC 13D/A 1 AMENDMENT NO. 1 SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 1) APEX SILVER MINES LIMITED -------------------------------------------------------------------- (Name of Issuer) Ordinary Shares, $.01 par value - -------------------------------------------------------------------------------- (Title of Class of Securities) GO474 10 3 - -------------------------------------------------------------------------------- (CUSIP Number) Stephen R. Nelson, Esq. Moore Capital Management, Inc. 1251 Avenue of the Americas New York, New York 10020 (212) 782-7102 - -------------------------------------------------------------------------------- (Name, Address and Telephone Number of Person Authorized to Receive Notices and Communications) May 8, 1998 - -------------------------------------------------------------------------------- (Date of Event which Requires Filing 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 [ ]. SCHEDULE 13D CUSIP No. GO474 10 3 1. NAME OF REPORTING PERSON S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON Moore Capital Management, Inc. 2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* Not Applicable a[ ] b[ ] 3. SEC USE ONLY 4. SOURCE OF FUNDS* OO 5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e) [ ] 6. CITIZENSHIP OR PLACE OF ORGANIZATION Connecticut 7. SOLE VOTING POWER None 8. SHARED VOTING POWER NUMBER OF SHARES 1,914,860 BENEFICIALLY OWNED BY EACH 9. SOLE DISPOSITIVE POWER REPORTING PERSON None WITH 10. SHARED DISPOSITIVE POWER 1,914,860 11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 1,914,860 12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* [ ] 13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 9.9% 14. YPE OF REPORTING PERSON* CO, IA 2 SCHEDULE 13D CUSIP No. GO474 10 3 1. NAME OF REPORTING PERSON S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON Louis M. Bacon 2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* Not Applicable a[ ] b[ ] 3. SEC USE ONLY 4. SOURCE OF FUNDS* OO 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. 7. SOLE VOTING POWER None 8. SHARED VOTING POWER NUMBER OF SHARES 2,397,500 BENEFICIALLY OWNED BY EACH 9. SOLE DISPOSITIVE POWER REPORTING PERSON None WITH 10. SHARED DISPOSITIVE POWER 2,397,500 11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 2,397,500 12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* [ ] 13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 12.4% 14. TYPE OF REPORTING PERSON* IN, IA 3 SCHEDULE 13D CUSIP No. GO474 10 3 1. NAME OF REPORTING PERSON S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON Moore Global Investments, Ltd. 2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* Not Applicable a[ ] b[ ] 3. SEC USE ONLY 4. SOURCE OF FUNDS* WC 5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e) [ ] 6. CITIZENSHIP OR PLACE OF ORGANIZATION Bahamas 7. SOLE VOTING POWER None 8. SHARED VOTING POWER NUMBER OF SHARES 1,914,860 BENEFICIALLY OWNED BY EACH 9. SOLE DISPOSITIVE POWER REPORTING PERSON None WITH 10. SHARED DISPOSITIVE POWER 1,914,860 11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 1,914,860 12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* [ ] 13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 9.9% 14. TYPE OF REPORTING PERSON* CO 4 This statement amends and supplements the information set forth in the Schedule 13D filed by the Reporting Persons (as defined therein) with the Securities and Exchange Commission on December 5, 1997. Capitalized terms used herein without definition shall have the meaning assigned to such terms in the Schedule 13D Item 3. Sources and Amounts of Funds or Other Consideration The first sentence of Item 3 is revised and amended in its entirety as set forth below. MGI and the Fund expended an aggregate of approximately $23,323,750 of working capital to purchase the 2,397,500 Ordinary Shares held by them. Item 5. Interest in Securities of the Issuer Items 5(a) through 5(c) are revised and amended in their entirety as set forth below (a)-(b) On the date of this Statement (i) Mr. Bacon is deemed to have beneficial ownership for purposes of Section 13(d) of the Securities Exchange Act of 1934 ("Beneficial Ownership") of 2,397,500 Ordinary Shares by virtue of his control of MCM and the general partner of the Fund. Such shares represent 12.4% of the issued and outstanding Ordinary Shares. Also by virtue of his control of MCM and the general partner of the Fund, Mr. Bacon is deemed to share voting power and dispositive power over the Ordinary Shares held by MGI and the Fund. 5 (ii) MCM is deemed to have Beneficial Ownership of 1,914,860 Ordinary Shares by virtue of its position as discretionary investment manager of MGI. Such shares represent 9.9% of the issued and outstanding Ordinary Shares. MCM is vested with the power to direct disposition of the Ordinary Shares held by MGI and shares with MGI and Mr. Bacon voting power over such Ordinary Shares. (iii) MGI has Beneficial Ownership of 1,914,860 Ordinary Shares held by it. Such shares represent 9.9% of the issued and outstanding Ordinary Shares. MGI currently does not exercise dispositive power over such shares but could obtain such power within 60 days if MGI exercised its right to terminate its trading advisory agreement with MCM The percentages used herein are calculated based upon the 19,348,076 Ordinary Shares stated to be issued and outstanding as of March 27, 1998, as reflected in the Company's Proxy Statement, dated April 15, 1998 relating to the Annual Meeting of Shareholders scheduled to be held May 14, 1998 (File No. 333-34685). To the best knowledge of the Reporting Persons, none of the persons named in Schedule I, other than Mr. Bacon, has or is deemed to have Beneficial Ownership of the Ordinary Shares. (c) On May 8, 1998, MGI and the Fund purchased in a private transaction 437,385 and 192,615 Ordinary Shares, respectively, at a price per share of $10.625. Such purchases were the only transactions effected by the Reporting Persons with respect to Ordinary Shares within the past 60 days. 6 Item 6. Contracts, Arrangements, Understandings, or Relationships with Respect to Securities of the Issuer. The first paragraph of Item 6 is revised and amended by adding the following sentence to the end of such first paragraph of Item 6. In connection with their purchase on May 8, 1998 of additional Ordinary Shares, MGI and the Fund agreed to be subject to the terms of the Shareholders' Agreement with respect to such additional Ordinary Shares purchased by them. 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. May 12, 1998 MOORE CAPITAL MANAGEMENT, INC. By: /s/ Stephen R. Nelson ----------------------------------------- Name: Stephen R. Nelson Title: Vice President LOUIS M BACON By: /s/ Stephen R. Nelson ----------------------------------------- Stephen R. Nelson Attorney in Fact MOORE GLOBAL INVESTMENTS, LTD. By: /s/ Stephen R. Nelson ----------------------------------------- Name: Stephen R. Nelson Title: Attorney in Fact 8 -----END PRIVACY-ENHANCED MESSAGE-----