0001269678-05-000037.txt : 20120725
0001269678-05-000037.hdr.sgml : 20120725
20050215130723
ACCESSION NUMBER: 0001269678-05-000037
CONFORMED SUBMISSION TYPE: SC 13G
PUBLIC DOCUMENT COUNT: 1
FILED AS OF DATE: 20050215
DATE AS OF CHANGE: 20050215
GROUP MEMBERS: FLA ASSET MANAGEMENT, LLC
GROUP MEMBERS: PECONIC PARTNERS LLC
SUBJECT COMPANY:
COMPANY DATA:
COMPANY CONFORMED NAME: TIBCO SOFTWARE INC
CENTRAL INDEX KEY: 0001085280
STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372]
IRS NUMBER: 770449727
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1130
FILING VALUES:
FORM TYPE: SC 13G
SEC ACT: 1934 Act
SEC FILE NUMBER: 005-58353
FILM NUMBER: 05616030
BUSINESS ADDRESS:
STREET 1: 3303 HILLVIEW AVENUE
CITY: PALO ALTO
STATE: CA
ZIP: 94304
BUSINESS PHONE: 6508461000
MAIL ADDRESS:
STREET 1: 3303 HILLVIEW AVENUE
CITY: PALO ALTO
STATE: CA
ZIP: 94304
FILED BY:
COMPANY DATA:
COMPANY CONFORMED NAME: FORSTMANN LEFF ASSOCIATES LLC
CENTRAL INDEX KEY: 0000917297
STANDARD INDUSTRIAL CLASSIFICATION: UNKNOWN SIC - 0000 [0000]
IRS NUMBER: 133131718
STATE OF INCORPORATION: NY
FISCAL YEAR END: 0930
FILING VALUES:
FORM TYPE: SC 13G
BUSINESS ADDRESS:
STREET 1: 590 MADISON AVE
CITY: NEW YORK
STATE: NY
ZIP: 10022
BUSINESS PHONE: 2126449888
MAIL ADDRESS:
STREET 1: 590 MADISON AVE
CITY: NEW YORK
STATE: NY
ZIP: 10022
FORMER COMPANY:
FORMER CONFORMED NAME: FORSTMANN LEFF ASSOCIATES INC
DATE OF NAME CHANGE: 19940110
SC 13G
1
tibco13g021505.txt
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13G
Under the Securities Exchange Act of 1934
(Amendment No. )*
Tibco Software Inc.
(Name of Issuer)
COMMON STOCK, $.001 PAR VALUE
(Title of Class of Securities)
88632Q103
(CUSIP Number)
December 31, 2004
(Date of Event Which Requires Filing of This Statement)
Check the appropriate box to designate the rule pursuant to which this Schedule
is filed:
[x] Rule 13d-1(b)
[ ] Rule 13d-1(c)
[ ] Rule 13d-1(d)
*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).
CUSIP NO. 88632Q103 13G Page 2 of 8 pages
1 NAME OF REPORTING PERSON
S.S. or I.R.S. IDENTIFICATION NO. OF ABOVE PERSON
Forstmann-Leff Associates, LLC
52-2169043
2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
(a) [ ]
(b) [ ]
3 SEC USE ONLY
4 CITIZENSHIP OR PLACE OF ORGANIZATION
Delaware
5 SOLE VOTING POWER
NUMBER OF
SHARES 3,629,080 shares
BENEFICIALLY
OWNED BY 6 SHARED VOTING POWER
EACH
REPORTING 4,657,428 shares
PERSON
WITH
7 SOLE DISPOSITIVE POWER
5,550,096 shares
8 SHARED DISPOSITIVE POWER
4,997,597 shares
9 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
10,547,693 shares (includes shares beneficially owned by FLA Asset
Management, LLC)
10 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES [ ]
11 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW 9
5.0%
12 TYPE OF REPORTING PERSON
IA, OO
CUSIP NO. 88632Q103 13G Page 3 of 8 pages
1 NAME OF REPORTING PERSON
S.S. or I.R.S. IDENTIFICATION NO. OF ABOVE PERSON
FLA Asset Management, LLC
52-2169045
2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
(a) [ ]
(b) [ ]
3 SEC USE ONLY
4 CITIZENSHIP OR PLACE OF ORGANIZATION
Delaware
5 SOLE VOTING POWER
NUMBER OF
SHARES None
BENEFICIALLY
OWNED BY 6 SHARED VOTING POWER
EACH
REPORTING 1,674,228 shares
PERSON
WITH
7 SOLE DISPOSITIVE POWER
None
8 SHARED DISPOSITIVE POWER
2,014,397 shares
9 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
2,014,397 shares
10 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES [ ]
11 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW 9
.9%
12 TYPE OF REPORTING PERSON
IA, OO
CUSIP NO. 88632Q103 13G Page 4 of 8 pages
1 NAME OF REPORTING PERSON
S.S. or I.R.S. IDENTIFICATION NO. OF ABOVE PERSON
Peconic Partners LLC
13-3942422
2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
(a) [ ]
(b) [ ]
3 SEC USE ONLY
4 CITIZENSHIP OR PLACE OF ORGANIZATION
New York
5 SOLE VOTING POWER
NUMBER OF
SHARES None
BENEFICIALLY
OWNED BY 6 SHARED VOTING POWER
EACH
REPORTING 2,983,200
PERSON
WITH
7 SOLE DISPOSITIVE POWER
None
8 SHARED DISPOSITIVE POWER
2,983,200
9 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
2,983,200
10 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES [ ]
11 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW 9
1.4%
12 TYPE OF REPORTING PERSON
IA, OO
Page 5 of 8 pages
Item 1(a) NAME OF ISSUER:
Tibco Software Inc.
Item 1(b) ADDRESS OF ISSUER'S PRINCIPAL EXECUTIVE OFFICES:
3303 Hillview Avenue
Palo Alto, California 94304-1213
Item 2(a) NAME OF PERSON FILING:
See Item 1 of the cover pages attached hereto
Item 2(b) Address of Principal Business Office, or if none, residence:
590 Madison Avenue
New York, New York 10022
Item 2(c) CITIZENSHIP:
See Item 4 of the cover pages attached hereto
Item 2(d) TITLE OF CLASS OF SECURITIES:
Common Stock, $.001 par value
Item 2(e) CUSIP NUMBER:
88632Q103
Item 3 Forstmann-Leff Associates, LLC, a Delaware limited liability company,
is a registered investment adviser under Section 203 of the Investment
Advisers Act of 1940 (the "Act"). FLA Asset Management, LLC, a
Delaware limited liability company, is a registered investment adviser
under the Act and a subsidiary of Forstmann-Leff Associates, LLC.
Peconic Partners LLC, a New York limited liability company, is a
registered investment adviser under the Act. The former Chairman and a
consultant until December 31, 2004 of Forstmann-Leff Associates, LLC,
William F. Harnisch, is the President and CEO of Peconic Partners LLC.
Page 6 of 8 pages
Item 4 OWNERSHIP:
(a) Amount beneficially owned:
See Item 9 of the cover pages attached hereto
(b) Percent of Class:
See Item 11 of the cover pages attached hereto
(c) See Items 5 through 8 of the cover pages attached hereto
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:
Various clients of the reporting persons have the right to receive or
the power to direct the receipt of dividends from, or the proceeds
from the sale of, the Common Stock of Tibco Software Inc. No one
client's interest in the Common Stock of Tibco Software Inc. is more
than five percent of the total outstanding Common Stock.
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 I certify that, to the best of my knowledge and
belief, the securities referred to above were acquired and are held in
the ordinary course of business and were not acquired and are not held
for the purpose of or with the effect of changing or influencing the
control of the issuer of the securities and were not acquired and are
not held in connection with or as a participant in any transaction
having that purpose or effect.
Page 7 of 8 pages
SIGNATURES
----------
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 14, 2005
FORSTMANN-LEFF ASSOCIATES, LLC
By: /s/ Kristin Mariani
Chief Compliance Officer
FLA ASSET MANAGEMENT, LLC
By: /s/ Forstmann-Leff Associates, LLC,
its Sole Member
By: /s/ Kristin Mariani
Chief Compliance Officer
PECONIC PARTNERS LLC
By: /s/ Joseph Sullivan
Chief Operating Officer
Page 8 of 8 pages
Exhibit A
AGREEMENT
---------
The undersigned, Forstmann-Leff Associates, LLC, FLA Asset Management,
LLC, and Peconic Partners LLC, agree that the statement to which this exhibit is
appended is filed on behalf of each of them.
February 14, 2005
FORSTMANN-LEFF ASSOCIATES, LLC
By: /s/ Kristin Mariani
Chief Compliance Officer
FLA ASSET MANAGEMENT, LLC
By: /s/ Forstmann-Leff Associates, LLC,
its Sole Member
By: /s/ Kristin Mariani
Chief Compliance Officer
PECONIC PARTNERS LLC
By: /s/ Joseph Sullivan
Chief Operating Officer