-----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, KMNTXAdmMp2ZlEVrWPR81Lc4TqjOrBXVJoe78bker8KQrig6q8SpCiqeaZ90A0g6 rCWnJuuh31DTaMtXZxVflg== 0000898432-10-000152.txt : 20100216 0000898432-10-000152.hdr.sgml : 20100215 20100216120451 ACCESSION NUMBER: 0000898432-10-000152 CONFORMED SUBMISSION TYPE: SC 13G/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20100216 DATE AS OF CHANGE: 20100216 GROUP MEMBERS: ALYDAR CAPITAL, LLC GROUP MEMBERS: ALYDAR FUND LIMITED GROUP MEMBERS: ALYDAR FUND, L.P. GROUP MEMBERS: ALYDAR QP FUND, L.P. GROUP MEMBERS: ALYSHEBA FUND LIMITED GROUP MEMBERS: ALYSHEBA FUND, L.P. GROUP MEMBERS: ALYSHEBA QP FUND, L.P. GROUP MEMBERS: ALYSUN FUND LIMITED GROUP MEMBERS: ALYSUN FUND, L.P. GROUP MEMBERS: ALYSUN QP FUND, L.P. GROUP MEMBERS: JOHN A. MURPHY FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: ALYDAR PARTNERS LLC CENTRAL INDEX KEY: 0001279895 IRS NUMBER: 161640417 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G/A BUSINESS ADDRESS: STREET 1: 222 BERKELEY STREET STREET 2: 17TH FLOOR CITY: BOSTON STATE: MA ZIP: 02116 BUSINESS PHONE: 6176463500 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: GREEN MOUNTAIN COFFEE ROASTERS INC CENTRAL INDEX KEY: 0000909954 STANDARD INDUSTRIAL CLASSIFICATION: MISCELLANEOUS FOOD PREPARATIONS & KINDRED PRODUCTS [2090] IRS NUMBER: 030339228 STATE OF INCORPORATION: DE FISCAL YEAR END: 0929 FILING VALUES: FORM TYPE: SC 13G/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-58801 FILM NUMBER: 10604001 BUSINESS ADDRESS: STREET 1: 33 COFFEE LANE CITY: WATERBURY STATE: VT ZIP: 05676 BUSINESS PHONE: 8022445621 MAIL ADDRESS: STREET 1: 33 COFFEE LANE CITY: WATERBURY STATE: VT ZIP: 05676 FORMER COMPANY: FORMER CONFORMED NAME: GREEN MOUNTAIN COFFEE INC DATE OF NAME CHANGE: 19930729 SC 13G/A 1 sc13g.htm sc13g.htm



SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

SCHEDULE 13G
(Rule 13d-102)
 

INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT
TO RULES 13d-1(b)(c) AND (d) AND AMENDMENTS THERETO FILED
PURSUANT TO 13d-2(b)
 

(Amendment No. 3)*
 
 
Green Mountain Coffee Roasters, Inc.
(Name of Issuer)
 
 
Common Stock
(Title of Class of Securities)
 
 
393122106
(CUSIP Number)
 
 
December 31, 2009
(Date of Event Which Requires Filing of this Statement)
 
 
Check the appropriate box to designate the rule pursuant to which this Schedule is filed:
 
[     ] Rule 13d-1(b)

[ X ] 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.  393122106
1. Names of Reporting Person Alydar Capital, LLC
I.R.S. Identification Nos. of above persons (entities only)
2. Check the Appropriate Box if a Member of a Group (See Instructions)
(a) X
(b) o
3. SEC Use Only
4. Citizenship or Place of Organization: Delaware
Number of Shares
Beneficially Owned
by Each Reporting
Person With
5. Sole Voting Power: 0
6. Shared Voting Power: 422,522
7. Sole Dispositive Power: 0
8. Shared Dispositive Power: 422,522
9. Aggregate Amount Beneficially Owned by Each Reporting Person. 422,522
10. Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions).
11. Percent of Class Represented by Amount in Row (9)  0.97%
12. Type of Reporting Person (See Instructions)  IA

 
 
 
2

 
 
CUSIP No. 393122106
1. Names of Reporting Person: Alydar Partners, LLC
I.R.S. Identification Nos. of above persons (entities only)
2. Check the Appropriate Box if a Member of a Group (See Instructions)
(a) X
(b) o
3. SEC Use Only
4. Citizenship or Place of Organization: Delaware
Number of Shares
Beneficially Owned
by Each Reporting
Person With
5. Sole Voting Power: 0
6. Shared Voting Power: 1,687,479
7. Sole Dispositive Power: 0
8. Shared Dispositive Power: 1,687,479
9. Aggregate Amount Beneficially Owned by Each Reporting Person. 1,687,479
10. Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions).
11. Percent of Class Represented by Amount in Row (9)  3.87%
12. Type of Reporting Person (See Instructions)  IA
 

 
 
3

 
 
CUSIP No  393122106
1. Names of Reporting Person John A. Murphy
I.R.S. Identification Nos. of above persons (entities only)
2. Check the Appropriate Box if a Member of a Group (See Instructions)
(a) X
(b) o
3. SEC Use Only
4. Citizenship or Place of Organization: United States
Number of Shares
Beneficially Owned
by Each Reporting
Person With
5. Sole Voting Power: 0
6. Shared Voting Power: 1,687,479
7. Sole Dispositive Power: 0
8. Shared Dispositive Power: 1,687,479
9. Aggregate Amount Beneficially Owned by Each Reporting Person. 1,687,479
10. Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions).
11. Percent of Class Represented by Amount in Row (9)  3.87%
12. Type of Reporting Person (See Instructions)  IN
 

 
4

 
 
CUSIP No.  393122106
1. Names of Reporting Person Alydar Fund, L.P.
I.R.S. Identification Nos. of above persons (entities only)
2. Check the Appropriate Box if a Member of a Group (See Instructions)
(a) X
(b) o
3. SEC Use Only
4. Citizenship or Place of Organization: Delaware
Number of Shares
Beneficially Owned
by Each Reporting
Person With
5. Sole Voting Power:  22,008
6. Shared Voting Power:  0
7. Sole Dispositive Power:  22,008
8. Shared Dispositive Power: 0
9. Aggregate Amount Beneficially Owned by Each Reporting Person. 22,008
10. Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions).
11. Percent of Class Represented by Amount in Row (9)  0.05%
12. Type of Reporting Person (See Instructions)  PN
 

 
5

 
 
CUSIP No.  393122106
1. Names of Reporting Person Alydar QP Fund, L.P.
I.R.S. Identification Nos. of above persons (entities only)
2. Check the Appropriate Box if a Member of a Group (See Instructions)
(a) X
(b) o
3. SEC Use Only
4. Citizenship or Place of Organization: Delaware
Number of Shares
Beneficially Owned
by Each Reporting
Person With
5. Sole Voting Power:  250,226
6. Shared Voting Power:  0
7. Sole Dispositive Power:  250,226
8. Shared Dispositive Power: 0
9. Aggregate Amount Beneficially Owned by Each Reporting Person. 250,226
10. Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions).
11. Percent of Class Represented by Amount in Row (9)  0.57%
12. Type of Reporting Person (See Instructions)  PN
 

 
 
6

 
 
CUSIP No. 393122106
1. Names of Reporting Person Alysheba Fund, L.P.
I.R.S. Identification Nos. of above persons (entities only)
2. Check the Appropriate Box if a Member of a Group (See Instructions)
(a) X
(b) o
3. SEC Use Only
4. Citizenship or Place of Organization: Delaware
Number of Shares
Beneficially Owned
by Each Reporting
Person With
5. Sole Voting Power: 4,707
6. Shared Voting Power:  0
7. Sole Dispositive Power: 4,707
8. Shared Dispositive Power: 0
9. Aggregate Amount Beneficially Owned by Each Reporting Person. 4,707
10. Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions).
11. Percent of Class Represented by Amount in Row (9)  0.011%
12. Type of Reporting Person (See Instructions)  PN
 
 
 
7

 
 
CUSIP No.  393122106
1. Names of Reporting Person Alysheba QP Fund, L.P.
I.R.S. Identification Nos. of above persons (entities only)
2. Check the Appropriate Box if a Member of a Group (See Instructions)
(a) X
(b) o
3. SEC Use Only
4. Citizenship or Place of Organization: Delaware
Number of Shares
Beneficially Owned
by Each Reporting
Person With
5. Sole Voting Power:  117,067
6. Shared Voting Power:  0
7. Sole Dispositive Power:  117,067
8. Shared Dispositive Power: 0
9. Aggregate Amount Beneficially Owned by Each Reporting Person.  117,067
10. Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions).
11. Percent of Class Represented by Amount in Row (9)  0.27%
12. Type of Reporting Person (See Instructions)  PN
 

 
8

 
 
CUSIP No.  393122106
1. Names of Reporting Person Alysun Fund, L.P.
I.R.S. Identification Nos. of above persons (entities only)
2. Check the Appropriate Box if a Member of a Group (See Instructions)
(a) X
(b) o
3. SEC Use Only
4. Citizenship or Place of Organization: Delaware
Number of Shares
Beneficially Owned
by Each Reporting
Person With
5. Sole Voting Power:  4,209
6. Shared Voting Power:  0
7. Sole Dispositive Power:  4,209
8. Shared Dispositive Power: 0
9. Aggregate Amount Beneficially Owned by Each Reporting Person. 4,209
10. Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions).
11. Percent of Class Represented by Amount in Row (9)  0.01%
12. Type of Reporting Person (See Instructions)  PN
 
 
 
9

 
 
CUSIP No.  393122106
1. Names of Reporting Person Alysun QP Fund, L.P.
I.R.S. Identification Nos. of above persons (entities only)
2. Check the Appropriate Box if a Member of a Group (See Instructions)
(a) X
(b) o
3. SEC Use Only
4. Citizenship or Place of Organization: Delaware
Number of Shares
Beneficially Owned
by Each Reporting
Person With
5. Sole Voting Power:  24,305
6. Shared Voting Power:  0
7. Sole Dispositive Power:  24,305
8. Shared Dispositive Power: 0
9. Aggregate Amount Beneficially Owned by Each Reporting Person. 24,305
10. Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions).
11. Percent of Class Represented by Amount in Row (9)  0.06%
12. Type of Reporting Person (See Instructions)  PN
 

 
10

 
 
CUSIP No.  393122106
1. Names of Reporting Person Alydar Fund Limited
I.R.S. Identification Nos. of above persons (entities only)
2. Check the Appropriate Box if a Member of a Group (See Instructions)
(a) X
(b) o
3. SEC Use Only
4. Citizenship or Place of Organization: Cayman Islands
Number of Shares
Beneficially Owned
by Each Reporting
Person With
5. Sole Voting Power:  807,593
6. Shared Voting Power:  0
7. Sole Dispositive Power: 807,593
8. Shared Dispositive Power: 0
9. Aggregate Amount Beneficially Owned by Each Reporting Person. 807,593
10. Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions).
11. Percent of Class Represented by Amount in Row (9)   1.85%
12. Type of Reporting Person (See Instructions)  OO
 

 
 
11

 
 
CUSIP No.  393122106
1. Names of Reporting Person Alysheba Fund Limited
I.R.S. Identification Nos. of above persons (entities only)
2. Check the Appropriate Box if a Member of a Group (See Instructions)
(a) X
(b) o
3. SEC Use Only
4. Citizenship or Place of Organization: Cayman Islands
Number of Shares
Beneficially Owned
by Each Reporting
Person With
5. Sole Voting Power:  443,189
6. Shared Voting Power:  0
7. Sole Dispositive Power: 443,189
8. Shared Dispositive Power: 0
9. Aggregate Amount Beneficially Owned by Each Reporting Person. 443,189
10. Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions).
11. Percent of Class Represented by Amount in Row (9)   1.02%
12. Type of Reporting Person (See Instructions)  OO

 
 
12

 
 
CUSIP No.  393122106
1. Names of Reporting Person Alysun Fund Limited
I.R.S. Identification Nos. of above persons (entities only)
2. Check the Appropriate Box if a Member of a Group (See Instructions)
(a) X
(b) o
3. SEC Use Only
4. Citizenship or Place of Organization: Cayman Islands
Number of Shares
Beneficially Owned
by Each Reporting
Person With
5. Sole Voting Power:  14,175
6. Shared Voting Power:  0
7. Sole Dispositive Power: 14,175
8. Shared Dispositive Power: 0
9. Aggregate Amount Beneficially Owned by Each Reporting Person. 14,175
10. Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions).
11. Percent of Class Represented by Amount in Row (9)   0.03%
12. Type of Reporting Person (See Instructions)  OO

 
 
13

 

Item 1.
 
(a) Name of Issuer: Green Mountain Coffee Roasters, Inc.
 
(b) Address of Issuer’s Principal Executive Offices: 33 Coffee Lane, Waterbury VT 05676.
 
Item 2.
 
(a) Name of Person Filing: John A. Murphy, an individual, is managing member of Alydar Capital, LLC and Alydar Partners, LLC, both Delaware limited liability companies.  Alydar Capital, LLC is the general partner of Alydar Fund, L.P., Alydar QP Fund, L.P., Alysheba Fund, L.P., Alysheba QP Fund, L.P., Alysun Fund, L.P. and Alysun QP Fund, L.P.  Alydar Partners, LLC is the investment manager of Alydar Fund, L.P., Alydar QP Fund, L.P., Alysheba Fund, L.P., Alysheba QP Fund, L.P., Alysun Fund, L.P., Alysun QP Fund, L.P., Alydar Fund Limited, Alysun Fund Limited and Alysheba Fund Limited. 1
 
(b) Address of Principal Business Office or, if none, Residence: 222 Berkeley Street, 17th Floor, Boston, MA 02116
 
(c) Citizenship:  Delaware
 
(d) Title of Class of Securities: Green Mountain Coffee Roasters, Inc. Common Stock
 
(e) CUSIP Number: 393122106
 
Item 3.   If this statement is filed pursuant to §§240.13d-1(b) or 240.13d-2(b) or (c), check whether the person filing is a: N/A
 
(a)  Broker or dealer registered under section 15 of the Act (15 U.S.C. 78o).
(b) Bank as defined in section 3(a)(6) of the Act (15 U.S.C. 78c).
(c) Insurance company as defined in section 3(a)(19) of the Act (15 U.S.C. 78c).
(d) Investment company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C 80a-8).
(e) An investment adviser in accordance with §240.13d-1(b)(1)(ii)(E);
(f) An employee benefit plan or endowment fund in accordance with §240.13d-1(b)(1)(ii)(F);
(g) A parent holding company or control person in accordance with § 240.13d-1(b)(1)(ii)(G);
(h) A savings associations as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813);
(i) A church plan that is excluded from the definition of an investment company under section 3(c)(14) of the Investment Company Act of 1940 (15 U.S.C. 80a-3);
(j) Group, in accordance with §240.13d-1(b)(1)(ii)(J).
 


 
1 John A. Murphy disclaims beneficial ownership of the securities.

 
 
14

 
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:
 
Alydar Capital, LLC: 422,522 shares
 
Alydar Partners, LLC: 1,687,479 shares
 
Alydar Fund, L.P.: 22,008 shares
 
Alydar QP Fund, L.P.: 250,226 shares
 
Alysheba Fund, L.P.: 4,707 shares
 
Alysheba QP Fund, L.P.: 117,067 shares
 
Alysun Fund, L.P.: 4,209 shares
 
Alysun QP Fund, L.P.: 24,305 shares
 
Alydar Fund Limited: 807,593 shares
 
Alysheba Fund Limited: 443,189 shares
 
Alysun Fund Limited: 14,175 shares
 
John A. Murphy2:  1,687,479 shares
 
(b) Percent of class: 3.87%
 
(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. 1,687,479
 
(iii) Sole power to dispose or to direct the disposition of. 0
 
(iv) Shared power to dispose or to direct the disposition of. 1,687,479
 
Item 5.  Ownership of Five Percent or Less of a Class
 
If this statement is being filed to report the fact that as of the date hereof the reporting person has ceased to be the beneficial owner of more than five percent of the class of securities, check the following.   þ
 
Item 6.  Ownership of More than Five Percent on Behalf of Another Person.  N/A
 
Item 7.  Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on By the Parent Holding Company: N/A
 
Item 8.  Identification and Classification of Members of the Group N/A
 
Item 9.  Notice of Dissolution of Group N/A


 
2 John A. Murphy disclaims beneficial ownership in the securities.

 
 
15

 

 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.
 
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.
 

 
Date: February 16, 2010
ALYDAR CAPITAL, LLC
 
/s/ Paul J. Pitts                        
By:   Paul J. Pitts, Attorney-in-Fact for John A. Murphy, its Manager
 
 
ALYDAR PARTNERS, LLC
 
/s/ Paul J. Pitts                        
By:  Paul J. Pitts, Attorney-in-Fact for John A. Murphy, its Manager
 
 
ALYDAR FUND, L.P.
 
By:  ALYDAR CAPITAL, LLC, its General Partner
 
/s/ Paul J. Pitts                        
By:  Paul J. Pitts, Attorney-in-Fact for John A. Murphy, its Manager
      
 
ALYDAR QP FUND, L.P.
 
By:  ALYDAR CAPITAL, LLC, its General Partner
 
/s/ Paul J. Pitts                        
By:  Paul J. Pitts, Attorney-in-Fact for John A. Murphy, its Manager
 
 
ALYSHEBA FUND, L.P.
 
By:  ALYDAR CAPITAL, LLC, its General Partner
 
/s/ Paul J. Pitts                        
By:  Paul J. Pitts, Attorney-in-Fact for John A. Murphy, its Manager
 
 
16

 
 
ALYSHEBA QP FUND, L.P.
 
By:  ALYDAR CAPITAL, LLC, its General Partner
 
/s/ Paul J. Pitts                        
By:  Paul J. Pitts, Attorney-in-Fact for John A. Murphy, its Manager
 
 
ALYSUN FUND, L.P.
 
By:  ALYDAR CAPITAL, LLC, its General Partner
 
/s/ Paul J. Pitts                        
By:  Paul J. Pitts, Attorney-in-Fact for John A. Murphy, its Manager
 
 
ALYSUN QP FUND, L.P.
 
By:  ALYDAR CAPITAL, LLC, its General Partner
 
/s/ Paul J. Pitts                        
By:  Paul J. Pitts, Attorney-in-Fact for John A. Murphy, its Manager
 
 
ALYDAR FUND LIMITED
 
/s/ Paul J. Pitts                        
By:  Paul J. Pitts, Attorney-in-Fact for John A. Murphy, its Director
 
 
ALYSHEBA FUND LIMITED
 
/s/ Paul J. Pitts                        
By:  Paul J. Pitts, Attorney-in-Fact for John A. Murphy, its Director
 
 
ALYSUN FUND LIMITED
 
/s/ Paul J. Pitts                        
By:  Paul J. Pitts, Attorney-in-Fact for John A. Murphy, its Director
 

 

17
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