-----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, C230hqYdiLq2TodVS+DtHNwjYjV2ewPX3yQDNeA0oaoS3TVC/VXt5zYTj/B58Zeq eP2hotWzH0th4Uc8yL5hwQ== 0000906344-97-000024.txt : 19970222 0000906344-97-000024.hdr.sgml : 19970222 ACCESSION NUMBER: 0000906344-97-000024 CONFORMED SUBMISSION TYPE: SC 13G/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19970214 SROS: NONE SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: VOLUNTEER CAPITAL CORP / TN / CENTRAL INDEX KEY: 0000103884 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 620854056 STATE OF INCORPORATION: TN FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-08176 FILM NUMBER: 97535735 BUSINESS ADDRESS: STREET 1: 3401 WEST END AVE STREET 2: P O BOX 24300 CITY: NASHVILLE STATE: TN ZIP: 37202 BUSINESS PHONE: 6152691900 MAIL ADDRESS: STREET 1: 3401 WEST END AVE STREET 2: SUITE 260 CITY: NASHVILLE STATE: TN ZIP: 37202 FORMER COMPANY: FORMER CONFORMED NAME: WINNERS CORP DATE OF NAME CHANGE: 19890910 FORMER COMPANY: FORMER CONFORMED NAME: VOLUNTEER CAPITAL CORP DATE OF NAME CHANGE: 19820520 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: HOWARD RICE NEMEROVSKI CANADY ROBERTSON & FALK CENTRAL INDEX KEY: 0000906344 STANDARD INDUSTRIAL CLASSIFICATION: UNKNOWN SIC - 0000 [0000] STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G/A BUSINESS ADDRESS: STREET 1: 3 EMBARCADERO CTR 7TH FLOOR CITY: SAN FRANCISCO STATE: CA ZIP: 94111-4065 BUSINESS PHONE: 4154341600 SC 13G/A 1 AMENDMENT NO. 2 TO SCHEDULE 13G UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 2) Volunteer Capital Corp. (Name of Issuer) Common Stock, $.05 par value (Title of Class of Securities) 9287531 (CUSIP Number) *The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page. The information required in the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes). -1- CUSIP No. 9287531 SCHEDULE 13G Page 2 of 5 1 Name Of Reporting Person PAUL EDMUNDS SACKETT, JR. DBA SACKETT & COMPANY IRS Identification No. Of Above Person ###-##-#### 2 Check The Appropriate Box If A Member Of A Group (a) [ ] N/A (b) [ ] 3 SEC USE ONLY 4 Citizenship Or Place Of Organization United States 5 Sole Voting Power 388,439 NUMBER OF 6 Shared Voting Power SHARES BENEFICIALLY -0- OWNED BY EACH REPORTING 7 Sole Dispositive Power PERSON WITH 388,439 8 Shared Dispositive Power -0- 9 Aggregate Amount Beneficially Owned By Each Reporting Person 388,439 10 Check Box If The Aggregate Amount In Row (9) Excludes Certain Shares* [ ] 11 Percent Of Class Represented By Amount In Row 9 7.2% 12 Type Of Reporting Person* IA CUSIP No. 9287531 13G Page 3 of 5 Pages Item 1(a). Name of Issuer. Volunteer Capital Corp. (the "Issuer"). Item 1(b). Address of Issuer's Principal Executive Offices. 3401 West End Avenue, Suite 260, Nashville, TN 37202 Item 2(a). Names of Persons Filing. Paul Edmunds Sackett, Jr. DBA Sackett & Company. Item 2(b). Address of Principal Business Office or, if none, Residence. 555 California Street, Suite 4490, San Francisco, California 94104. Item 2(c). Citizenship. United States. Item 2(d). Title of Class of Securities. Common Stock, $.05 par value ("Common Stock"). Item 2(e). CUSIP Number. 9287531 Item 3. Type of Reporting Person. Investment Adviser registered under Section 203 of the Investment Advisers Act of 1940. Item 4. Ownership. Reference is hereby made to Items 5-9 and 11 of page two (2) of this Amendment to Schedule 13G, which Items are incorporated by reference herein. The percent figure shown in Item 11 was calculated by dividing the number of shares appearing in Item 9 by the sum of (x) number of shares of Common Stock outstanding as of 12/31/96 (5,332,507) and (y) the number of shares of Common Stock acquirable upon the conversion of $1,484,000 principal amount of 8.25% Convertible Subordinated Debentures due 6/1/2003 (convertible at a rate of 56.34 shares of Common Stock per $1,000 CUSIP No. 9287531 13G Page 4 of 5 Pages principal amount of 8.25% Convertible Subordinated Debentures due 6/1/2003). Item 5. Ownership of Five Percent or Less of a Class. Not applicable. Item 6. Ownership of More Than Five Percent on Behalf of Another Person. The reporting person is deemed to be the beneficial owner of the number of securities reflected in Items 5-9 and 11 of page two (2) of this Amendment to Schedule 13G pursuant to separate arrangements whereby the reporting person acts as investment adviser to certain persons. Each person for whom the reporting person acts as investment adviser has the right to receive or the power to direct the receipt of dividends from, or the proceeds from the sale of, the Common Stock purchased or held pursuant to such arrangements. Item 7. Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on by the Parent Holding Company. Not applicable. Item 8. Identification and Classification of Members of the Group. Not applicable. Item 9. Notice of Dissolution of Group. Not applicable. Item 10. Certification. By signing below, the undersigned certifies that, to the best of my knowledge and belief, the securities referred to above were acquired in the ordinary course of business and were not acquired for the purpose of and do not have the effect of changing or influencing the control of the issuer of such securities and were not acquired in connection with or as a participant in any transaction having such purposes or effect. CUSIP No. 9287531 13G Page 5 of 5 Pages Signature After reasonable inquiry and to the best of my knowledge and belief, the undersigned certifies that the information set forth in this statement is true, complete and correct. DATED: February 14, 1997. /s/ Paul Edmunds Sackett, Jr. __________________________________ By: Paul Edmunds Sackett, Jr. DBA: Sackett & Company -----END PRIVACY-ENHANCED MESSAGE-----