144 1 savvisfm144nov04.txt FORM 144 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 144 NOTICE OF PROPOSED SALE OF SECURITIES PURSUANT TO RULE 144 UNDER THE SECURITIES ACT OF 1933 ATTENTION: Transmit for filing 3 copies of this form concurrently with either placing an order with a broker to execute sale or executing a sale directly with a market maker. ________________________________________________________________________________ 1(a) NAME OF ISSUER (Please type or print) SAVVIS Communications Corporation -------------------------------------------------------------------------------- 1(b) IRS IDENT. NO. |(c) S.E.C. FILE NO. | 43-1809960 | 000-29375 -------------------------------------------------------------------------------- 1(d) ADDRESS OF ISSUER STREET 1 SAVVIS Parkway -------------------------------------------------------------------------------- 1(d) CITY STATE ZIP CODE Town & Country MO 63017 -------------------------------------------------------------------------------- 1(e) TELEPHONE NO. -------------------------------------------------------------------------------- AREA CODE |NUMBER | 314 | 628-7000 ________________________________________________________________________________ 2(a) NAME OF PERSON FOR WHOSE ACCOUNT THE SECURITIES ARE TO BE SOLD Stephen Feinberg, on behalf of various private investment funds -------------------------------------------------------------------------------- 2(b) IRS IDENT. NO. (c) RELATIONSHIP TO ISSUER N/A N/A -------------------------------------------------------------------------------- 2(d) ADDRESS STREET 299 Park Avenue, 22nd Floor -------------------------------------------------------------------------------- 2(d) CITY STATE ZIP CODE NY NY 10171 -------------------------------------------------------------------------------- INSTRUCTION: The person filing this notice should contact the issuer to obtain the I.R.S. Identification Number and the S.E.C. File Number.
SEC USE 3(a) (b) ONLY (c) (d) (e) (f) (g) Title of the Name and Address of Broker- Number of Aggregate Number of Shares Approximate Name of Each Class of Each Broker Through Dealer Shares or Market or Other Units Date of Sale Securities Securities Whom the Securities File Other Units Value Outstanding (See instr. 3(f)) Exchange To Be Sold are to be Offered Number To Be Sold (See instr. (See instr. 3(e)) (MO. DAY YR.) (See instr. 3(g)) or Each Market (See instr. 3(d)) Maker who is 3(c)) Acquiring the Securities ------------------------------------------------------------------------------------------------------------------------------------ Common Stock Merriman Curhan Ford & 993,351 $1,251,622.26(b) 114,335,178 Nov. 8, 2004 Nasdaq Co. (a) SmallCap 601 Montgomery Street, Market Suite 1800 San Francisco, CA 94111 ------------------------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------------------
INSTRUCTIONS: 1.(a) Name of issuer (b) Issuer's I.R.S. Identification Number (c) Issuer'S S.E.C. file number, if any (d) Issuer's address, including zip code (e) Issuer's telephone number, including area code 2.(a) Name of person for whose account the securities are to be sold (b) Such person's I.R.S. identification number, if such person is an entity (c) Such person's relationship to the issuer (e.g., officer, director, 10% stockholder, or member of immediate family of any of the foregoing) (d) Such person's address, including zip code 3.(a) Title of the class of securities to be sold (b) Name and address of each broker through whom the securities are intended to be sold (c) Number of shares or other units to be sold (if debt securities, give the aggregate face amount) (d) Aggregate market value of the securities to be sold as of a specified date within 10 days prior to the filing of this notice (e) Number of shares or other units of the class outstanding, or if debt securities the face amount thereof outstanding, as shown by the most recent report or statement published by the issuer (f) Approximate date on which the securities are to be sold (g) Name of each securities exchange, if any, on which the securities are intended to be sold TABLE I - SECURITIES TO BE SOLD Furnish the following information with respect to the acquisition of the securities to be sold and with respect to the payment of all or any part of the purchase price or other consideration therefor:
Name of Person from Whom Acquired Title of Date You Nature of (If gift, also give date Amount of Date of the Class Acquired Acquisition Transaction donor acquired) Securities Acquired Payment Nature of Payment ------------------------------------------------------------------------------------------------------------------------------------ Common 11/4/ (c) Netco Communications 4,421,488 (c) (c) stock 2004 Corporation ------------------------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------------------
INSTRUCTIONS: If the securities were purchased and full payment therefor was not made in cash at the time of purchase, explain in the table or in a note thereto the nature of the consideration given. If the consideration consisted of any note or other obligation, or if payment was made in installments describe the arrangement and state when the note or other obligation was discharged in full or the last installment paid. ________________________________________________________________________________ TABLE II - SECURITIES SOLD DURING THE PAST 3 MONTHS Furnish the following information as to all securities of the issuer sold during the past 3 months by the person for whose account the securities are to be sold.
Amount of Gross Name and Address of Seller Title of Securities Sold Date of Sale Securities Sold Proceeds --------------------------------------------------------------------------------------------------------------- Stephen Feinberg, on behalf Common Stock 11/2/2004 100,000 $112,000 of various private investment funds 299 Park Avenue New York, New York 10171 --------------------------------------------------------------------------------------------------------------- Stephen Feinberg, on behalf Common Stock 11/3/2004 50,000 $ 59,000 of various private investment funds 299 Park Avenue New York, New York 10171 ---------------------------------------------------------------------------------------------------------------
REMARKS: (a) The selling person may elect to sell through other executing brokers from time to time. (b) The aggregate market value is based on the $1.26 closing sale price of a share of common stock of SAVVIS Communications Corporation on November 1, 2004. (c) The shares were acquired from Netco Communications Corporation pursuant to that certain Partial Satisfaction Agreement, dated as of November 4, 2004, by and among Madeleine L.L.C. ("Madeleine"), Cerberus Partners, L.P. ("Cerberus") and Netco Communications Corporation ("Netco"). The shares were transferred to Cerberus in consideration for the satisfaction of $5,394,215.36 of certain obligations of Netco to Madeleine pursuant to that certain Amended and Restated Loan Agreement, by and among Madeleine, as Administrative Agent, Collateral Agent, Tranche A Lender and Tranche B Lender, and Netco (formerly known as WAM!NET Inc.), as Borrower, dated as of February 19, 2004. The shares had an ascribed value of $1.22 per share. INSTRUCTIONS: See the definition of "person" in paragraph (a) of Rule 144. Information is to be given not only as to the person for whose account the securities are to be sold but also as to all other persons included in that definition. In addition, information shall be given as to sales by all persons whose sales are required by paragraph (e) of Rule 144 to be aggregated with sales for the account of the person filing this notice. ATTENTION: The person for whose account the securities to which this notice relates are to be sold hereby represents by signing this notice that he does not know any material adverse information in regard to the current and prospective operations of the Issuer of the securities to be sold which has not been publicly disclosed. November 8, 2004 /s/ Stephen Feinberg -------------------------- ----------------------------- (DATE OF NOTICE) (SIGNATURE) The notice shall be signed by the person for whose account the securities are to be sold. At least one copy of the notice shall be manually signed. Any copies not manually signed shall bear typed or printed signatures. ATTENTION: Intentional misstatements or omission of facts constitute Federal Criminal Violations (See 18 U.S.C. 1001).