-----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, JWXzQEUnlJSJ3bRqj63xQpwyBzTrJJt9GEHQFl/WJCnl1r93oCQmyV7WD/6a7H7/ G4t+A982ZdRyXIDMKOg5uA== 0000899140-10-000019.txt : 20100115 0000899140-10-000019.hdr.sgml : 20100115 20100115113756 ACCESSION NUMBER: 0000899140-10-000019 CONFORMED SUBMISSION TYPE: SC 13G/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20100115 DATE AS OF CHANGE: 20100115 GROUP MEMBERS: THOMAS A. GIOVINE SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: Horizon Lines, Inc. CENTRAL INDEX KEY: 0001302707 STANDARD INDUSTRIAL CLASSIFICATION: WATER TRANSPORTATION [4400] IRS NUMBER: 000000000 FISCAL YEAR END: 1221 FILING VALUES: FORM TYPE: SC 13G/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-81081 FILM NUMBER: 10529355 BUSINESS ADDRESS: STREET 1: 4064 COLONY ROAD STREET 2: SUITE 200 CITY: CHARLOTTE STATE: NC ZIP: 28211 BUSINESS PHONE: 704-973-7000 MAIL ADDRESS: STREET 1: 4064 COLONY ROAD STREET 2: SUITE 200 CITY: CHARLOTTE STATE: NC ZIP: 28211 FORMER COMPANY: FORMER CONFORMED NAME: H Lines Holding Corp DATE OF NAME CHANGE: 20040909 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: GIOVINE CAPITAL GROUP LLC CENTRAL INDEX KEY: 0001212225 IRS NUMBER: 954702917 FILING VALUES: FORM TYPE: SC 13G/A BUSINESS ADDRESS: STREET 1: 1333 2ND STREET STREET 2: SUITE 650 CITY: SANTA MONICA STATE: CA ZIP: 90401 BUSINESS PHONE: 3105872000 MAIL ADDRESS: STREET 1: 1333 2ND STREET STREET 2: SUITE 650 CITY: SANTA MONICA STATE: CA ZIP: 90401 SC 13G/A 1 h5373733b.htm AMENDMENT NO. 1

 

 

 

 

 

 

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

SCHEDULE 13G

Under the Securities Exchange Act of 1934

(Amendment No. 1)*

Horizon Lines, Inc.

(Name of Issuer)

Common Stock, par value $0.01 per share

(Title of Class of Securities)

44044K101

(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:

x Rule 13d-1(b)

o 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 on 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. 44044K101

13G

Page2 of 5 Pages

 

1

NAME OF REPORTING PERSON

S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON

 

Giovine Capital Group LLC

 

2

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP*

(a) o

(b) x

 

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

 

0

 

7

SOLE DISPOSITIVE POWER

 

0

 

8

SHARED DISPOSITIVE POWER

 

0

 

9

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON

 

0

 

10

CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES

N/A

 

11

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)

 

0.0%

 

12

TYPE OF REPORTING PERSON*

 

IA

 

 

 

-2-

 


 

 

 

CUSIP No. 44044K101

13G

Page3 of 5 Pages

 

1

NAME OF REPORTING PERSON

S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON

 

Thomas A. Giovine

 

2

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP*

(a) o

(b) x

 

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

 

0

 

7

SOLE DISPOSITIVE POWER

 

0

 

8

SHARED DISPOSITIVE POWER

 

0

 

9

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON

 

0

 

10

CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES

N/A

 

11

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)

 

0.0%

 

12

TYPE OF REPORTING PERSON*

 

IN

 

 

 

-3-

 


 

 

This Amendment No. 1 to Schedule 13G (this “Amendment No. 1”) is filed with respect to the Common Stock of Horizon Lines, Inc., a Delaware corporation, to amend the Schedule 13G filed on January 8, 2009 (the “Schedule 13G”). Capitalized terms used but not defined herein have the meaning ascribed thereto in the Schedule 13G.

Item 4:

Ownership:

Item 4 of the Schedule 13G is hereby amended and restated in its entirety as follows:

 

As of the close of business on December 31, 2009:

 

 

A.

Giovine Capital  

 

(a) Amount beneficially owned: 0 shares of Common Stock.

(b) Percent of class: 0.0%. The percentages used herein and in the rest of this Schedule 13G are calculated based upon a total of 30,284,448 shares of Common Stock issued and outstanding as of October 21, 2009 as reflected in the Company’s Quarterly Report on Form 10-Q for the quarterly period ended September 20, 2009.

(c) Number of shares as to which such person has:

 

(i)

Sole power to vote or direct the vote: -0-

 

(ii)

Shared power to vote or direct the vote: -0-

(iii)   Sole power to dispose or direct the disposition: -0-

(iv)   Shared power to dispose or direct the disposition: -0-

 

 

B.

Mr. Giovine  

 

(a) Amount beneficially owned: 0 shares of Common Stock.

(b) Percent of class: 0.0%.

(c) Number of shares as to which such person has:

 

(i)

Sole power to vote or direct the vote: -0-

 

(ii)

Shared power to vote or direct the vote: -0-

(iii)    Sole power to dispose or direct the disposition: -0-

(iv)    Shared power to dispose or direct the disposition: -0-

 

Item 5:

Ownership of Five Percent or Less of a Class:

Item 5 of the Schedule 13G is hereby amended and restated in its entirety as follows:

 

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: x

 

 

-4-

 


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.

DATED: January 14, 2010

 

GIOVINE CAPITAL GROUP LLC

 

 

By:

/s/ David R. Beach_______________

 

Name:

David R. Beach

 

Title:

Chief Operating Officer

 

 

/s/ Thomas A. Giovine                                      

Thomas A. Giovine

 

 

 

 

 

 

 

 

 

 

 

 

[SIGNATURE PAGE TO AMENDMENT NO. 1 TO SCHEDULE 13G WITH

RESPECT TO HORIZON LINES, INC.]

 

 

 

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