-----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, Tw+myfbyxCD2maSHktwX7cwDTkBe6itie0v0BfjcNpN0ER5gNSnxatwY/t4SN5N/ BV0BT1UdLk3shnaCj/4jEw== 0001354488-11-000608.txt : 20110224 0001354488-11-000608.hdr.sgml : 20110224 20110224123803 ACCESSION NUMBER: 0001354488-11-000608 CONFORMED SUBMISSION TYPE: SC 13G/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20110224 DATE AS OF CHANGE: 20110224 GROUP MEMBERS: DARREN R. TYMCHYSHYN GROUP MEMBERS: HOT CREEK CAPITAL, L.L.C. GROUP MEMBERS: HOT CREEK INVESTORS, L.P. SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: CARDINAL BANKSHARES CORP CENTRAL INDEX KEY: 0001022759 STANDARD INDUSTRIAL CLASSIFICATION: STATE COMMERCIAL BANKS [6022] IRS NUMBER: 541804471 STATE OF INCORPORATION: VA FILING VALUES: FORM TYPE: SC 13G/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-78777 FILM NUMBER: 11635057 BUSINESS ADDRESS: STREET 1: P O BOX 215 CITY: FLOYD STATE: VA ZIP: 24091 BUSINESS PHONE: 5407454191 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: HOT CREEK CAPITAL LLC CENTRAL INDEX KEY: 0001141943 IRS NUMBER: 880446124 STATE OF INCORPORATION: NV FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G/A BUSINESS ADDRESS: STREET 1: 1 E. LIBERTY ST. STREET 2: STE. 511 CITY: RENO STATE: NV ZIP: 89501-2110 BUSINESS PHONE: 7758235233 MAIL ADDRESS: STREET 1: 1 E. LIBERTY ST. STREET 2: STE. 511 CITY: RENO STATE: NV ZIP: 89501-2110 FORMER COMPANY: FORMER CONFORMED NAME: EVEREST MANAGERS LLC DATE OF NAME CHANGE: 20010604 SC 13G/A 1 hcc_sc13ga.htm AMENDMENT NO. 4 hcc_sc13ga.htm


SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

SCHEDULE 13G

(Amendment No.4 )*
 
Under the Securities Exchange Act of 1934

 
CARDINAL BANKSHARES CORPORATION
(Name of Issuer) 
 
COMMON STOCK
(Title of Class of Securities)
 
141 478 107
(CUSIP Number)
 
FEBRUARY 23, 2011
(Date of Event Which Requires Filing of this Statement)
 
Check the appropriate box to designate the rule pursuant to which this Schedule is filed:

o Rule 13d-1(b)
þ Rule 13d-1(c)
o 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.   141 478 107  
 
1.
NAMES OF REPORTING PERSONS
I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
 
    HOT CREEK CAPITAL, L.L.C.
2.
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (SEE INSTRUCTIONS)
(a) o
(b) o
3.
SEC USE ONLY
4.
CITIZENSHIP OR PLACE OF ORGANIZATION
Nevada
NUMBER OF SHARES
BENEFICIALLY OWNED BY
EACH REPORTING PERSON WITH:
5.
SOLE VOTING POWER
0
6.
SHARED VOTING POWER
0
7.
SOLE DISPOSITIVE POWER
0
8.
SHARED DISPOSITIVE POWER
0
9.
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
0
10.
CHECK IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES
Not applicable
11.
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
0%
12.
TYPE OF REPORTING PERSON (SEE INSTRUCTIONS)
OO
 
 
2

 
 
 CUSIP NO.   141 478 107  
 
1.
NAMES OF REPORTING PERSONS
I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
 
    HOT CREEK INVESTORS, L.P.
2.
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (SEE INSTRUCTIONS)
(a) o
(b) o
3.
SEC USE ONLY
4.
CITIZENSHIP OR PLACE OF ORGANIZATION
Nevada
NUMBER OF SHARES
BENEFICIALLY OWNED BY
EACH REPORTING PERSON WITH:
5.
SOLE VOTING POWER
0
6.
SHARED VOTING POWER
0
7.
SOLE DISPOSITIVE POWER
0
8.
SHARED DISPOSITIVE POWER
0
9.
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
0
10.
CHECK IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES
Not applicable
11.
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
0%
12.
TYPE OF REPORTING PERSON (SEE INSTRUCTIONS)
PN
 
 
3

 
 
 CUSIP NO.   141 478 107  
 
1.
NAMES OF REPORTING PERSONS
I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
 
    DARREN R. TYMCHYSHYN
2.
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (SEE INSTRUCTIONS)
(a) o
(b) o
3.
SEC USE ONLY
4.
CITIZENSHIP OR PLACE OF ORGANIZATION
U.S.A
NUMBER OF SHARES
BENEFICIALLY OWNED BY
EACH REPORTING PERSON WITH:
5.
SOLE VOTING POWER
0
6.
SHARED VOTING POWER
0
7.
SOLE DISPOSITIVE POWER
0
8.
SHARED DISPOSITIVE POWER
0
9.
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
0
10.
CHECK IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES
Not applicable
11.
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
0%
12.
TYPE OF REPORTING PERSON (SEE INSTRUCTIONS)
IN
 
 
4

 
 
ITEM 1. (a) Name of Issuer:
    Cardinal Bankshares Corporation (the “Issuer”)
     
  (b) Address of Issuer's Principal Executive Offices:
     
    101 Jacksonville Circle
    Floyd, Virginia 24091
     
ITEM 2. (a) Name of person filing:
     
    This Schedule 13G is being jointly filed by each of the following persons pursuant to Rule 13d-1(k)(1) promulgated by the Securities and Exchange Commission pursuant to Section 13 of the Securities Exchange Act of 1934, as amended (the "Act"): (i) Hot Creek Capital, L.L.C. (the "General Partner"), (ii) Hot Creek Investors, L.P. (“Investors”), and (iii) Darren R. Tymchyshyn, the principal member of the General Partner ((i), (ii), and (iii) being collectively, the "Filing Persons"). The Common Stock of the Issuer (the “Stock”) which is the subject of this Schedule 13G is held by Investors. The other Filing Persons are joining in this Schedule 13G because they exercise voting and investment power over the Stock held by Investors. The Filing Persons have entered into a Joint Filing Agreement, dated as of February 23, 2011, a copy of which is filed with this Schedule 13G as Exhibit A, pursuant to which the Filing Persons have agreed to file this statement jointl y in accordance with the provisions of Rule 13d-1(k)(1) under the Act. The Filing Persons expressly disclaim that they have agreed to act as a group.
     
  (b) Address of Principal Business Office or, if none, Residence:
     
   
1 East Liberty Street, Suite 511
Reno, Nevada 89501
     
  (c) Citizenship:
     
   
Nevada for Investors and the General Partner;
Darren R. Tymchyshyn is a citizen of Canada.
     
  (d)  Title of Class of Securities:
     
    Common Stock
     
  (e) CUSIP Number:
     
    141 478 107
 
 
5

 
 
ITEM 3.   NOT APPLICABLE
 
ITEM 4.   OWNERSHIP.
     
    Provide the following information regarding the aggregate number and percentage of the class of securities of the Issuer identified in Item 1.
     
    (a) Amount beneficially owned :
       
      0 shares of Stock may be deemed beneficially owned within the meaning of Rule 13d-3 of the Act by Investors, the General Partner, and Darren R. Tymchyshyn. The General Partner and Mr. Tymchyshyn expressly disclaim direct and beneficial ownership of the shares of Stock reported as deemed to be beneficially owned by them.

Based on Form 10-Q dated September 30, 2010, the Issuer had 1,535,733 shares of Common Stock issued and outstanding on November 10, 2010. Accordingly, the 0 shares of Stock which may be deemed to be beneficially owned by Investors represent approximately 0 percent (0%) of the Issuer’s issued and outstanding Stock thereafter.
       
    (b) Percent of class:  0%
       
    (c) Number of shares as to which the person has:
       
      (i) Sole power to vote or to direct the vote    0
      (ii) Shared power to vote or to direct the vote    0
      (iii) Sole power to dispose or to direct the disposition of     0
      (iv) Shared power to dispose or to direct the disposition of     0
     
     
 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.
     
    Not applicable
     
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 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
 
 
6

 
 
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.
 
  HOT CREEK CAPITAL, L.L.C.  
       
Dated: February 23, 2011
By:
/s/ Darren R. Tymchyshyn  
    Name: Darren R. Tymchyshyn  
    Title: Managing Member  
 
 
HOT CREEK INVESTORS, L.P.
By its General Partner
HOT CREEK CAPITAL, L.L.C.
 
       
Dated: February 23, 2011
By:
/s/ Darren R. Tymchyshyn  
    Name: Darren R. Tymchyshyn  
    Title: Managing Member  
       
 Dated: February 23, 2011  By:   /s/ Darren R. Tymchyshyn  
    Name: Darren R. Tymchyshyn  
       
 
 
7

 
 
Exhibit A
 

AGREEMENT REGARDING THE JOINT FILING
OF SCHEDULE 13G
 
 
The undersigned hereby agree as follows:
 
(i) Each of them is individually eligible to use the Schedule 13G to which this Exhibit is attached, and such Schedule 13G is filed on behalf of each of them; and
 
(ii) Each of them is responsible for the timely filing of such Schedule 13G and any amendments thereto, and for the completeness and accuracy of the information concerning such person contained therein; but none of them is responsible for the completeness or accuracy of the information concerning the other persons making the filing, unless such person knows or has reason to believe that such information is inaccurate.
 
 
  HOT CREEK CAPITAL, L.L.C.  
       
Dated: February 23, 2011
By:
/s/ Darren R. Tymchyshyn  
    Name: Darren R. Tymchyshyn  
    Title: Managing Member  
 
 
HOT CREEK INVESTORS, L.P.
By its General Partner
HOT CREEK CAPITAL, L.L.C.
 
       
Dated: February 23, 2011
By:
/s/ Darren R. Tymchyshyn  
    Name: Darren R. Tymchyshyn  
    Title: Managing Member  
       
 Dated: February 23, 2011  By:   /s/ Darren R. Tymchyshyn  
    Name: Darren R. Tymchyshyn  
       
 
 
 
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