0001140361-14-027099.txt : 20140630
0001140361-14-027099.hdr.sgml : 20140630
20140630211012
ACCESSION NUMBER: 0001140361-14-027099
CONFORMED SUBMISSION TYPE: 3/A
PUBLIC DOCUMENT COUNT: 1
CONFORMED PERIOD OF REPORT: 20140626
FILED AS OF DATE: 20140630
DATE AS OF CHANGE: 20140630
ISSUER:
COMPANY DATA:
COMPANY CONFORMED NAME: AMERICAN APPAREL, INC
CENTRAL INDEX KEY: 0001336545
STANDARD INDUSTRIAL CLASSIFICATION: BLANK CHECKS [6770]
IRS NUMBER: 203200601
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
BUSINESS ADDRESS:
STREET 1: 747 WAREHOUSE STREET
CITY: LOS ANGELES
STATE: CA
ZIP: 90021
BUSINESS PHONE: 213-488-0226
MAIL ADDRESS:
STREET 1: 747 WAREHOUSE STREET
CITY: LOS ANGELES
STATE: CA
ZIP: 90021
FORMER COMPANY:
FORMER CONFORMED NAME: Endeavor Acquisition Corp.
DATE OF NAME CHANGE: 20050818
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: Kim Soohyung
CENTRAL INDEX KEY: 0001418202
FILING VALUES:
FORM TYPE: 3/A
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-32697
FILM NUMBER: 14950500
MAIL ADDRESS:
STREET 1: C/O STANDARD GENERAL L.P.
STREET 2: 767 FIFTH AVENUE, 12TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10153
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: P STANDARD GENERAL LTD
CENTRAL INDEX KEY: 0001611966
STATE OF INCORPORATION: D8
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 3/A
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-32697
FILM NUMBER: 14950501
BUSINESS ADDRESS:
STREET 1: C/O STANDARD GENERAL L.P.
STREET 2: 767 FIFTH AVENUE, 12TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10153
BUSINESS PHONE: 212 257-4701
MAIL ADDRESS:
STREET 1: C/O STANDARD GENERAL L.P.
STREET 2: 767 FIFTH AVENUE, 12TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10153
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: Standard General Master Fund L.P.
CENTRAL INDEX KEY: 0001418203
STATE OF INCORPORATION: E9
FILING VALUES:
FORM TYPE: 3/A
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-32697
FILM NUMBER: 14950502
BUSINESS ADDRESS:
STREET 1: WALKERS SPV LIMITED, WALKER HOUSE
STREET 2: MARY STREET
CITY: GEORGE TOWN, GRAND CAYMAN
STATE: E9
ZIP: KY1-1002
BUSINESS PHONE: 212-257-4701
MAIL ADDRESS:
STREET 1: C/O STANDARD GENERAL L.P.
STREET 2: 767 FIFTH AVENUE, 12TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10153
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: Standard General L.P.
CENTRAL INDEX KEY: 0001409888
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 3/A
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-32697
FILM NUMBER: 14950503
BUSINESS ADDRESS:
STREET 1: 767 FIFTH AVENUE
STREET 2: 12TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10153
BUSINESS PHONE: 212-257-4701
MAIL ADDRESS:
STREET 1: 767 FIFTH AVENUE
STREET 2: 12TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10153
3/A
1
doc1.xml
FORM 3/A
X0206
3/A
2014-06-26
2014-06-27
0
0001336545
AMERICAN APPAREL, INC
APP
0001409888
Standard General L.P.
767 FIFTH AVENUE, 12TH FLOOR
NEW YORK
NY
10153
0
0
1
0
0001418203
Standard General Master Fund L.P.
WALKERS SPV LIMITED, WALKER HOUSE
MARY STREET
GEORGE TOWN, GRAND CAYMAN
E9
KY1-1002
CAYMAN ISLANDS
0
0
1
0
0001611966
P STANDARD GENERAL LTD
C/O STANDARD GENERAL L.P.
767 FIFTH AVENUE, 12TH FLOOR
NEW YORK
NY
10153
0
0
1
0
0001418202
Kim Soohyung
767 FIFTH AVENUE, 12TH FLOOR
NEW YORK
NY
10153
1
1
1
0
See Footnote 3
Common Stock, par value $0.0001 ("Common Stock")
3000000
I
See Footnotes
Of the securities reported herein, 2,295,019 shares of Common Stock are held by Standard General Master Fund L.P. (the "Master Fund") and 704,981 shares of Common Stock are held by P Standard General Ltd. (together with the Master Fund, the "Funds"), private investment vehicles for which Standard General L.P. ("Standard General") serves as investment manager. Standard General exercises voting and investment control over the shares held for the accounts of the Funds. Mr. Kim is a director of the general partner of the general partner of Standard General and Chief Investment Officer of Standard General, and in such capacities may be deemed to indirectly beneficially own the securities reported herein.
Each of the Reporting Persons disclaims beneficial ownership of the shares reported herein except to the extent of its pecuniary interest in such shares, and the inclusion of such securities in this report shall not be deemed an admission of beneficial ownership for purposes of Section 16 or for any other purpose.
On June 25, 2014, Standard General, on behalf of funds for which it serves as investment manager (collectively, "SG"), and Dov Charney, the Issuer's Chief Executive Officer, entered into a letter agreement (the "Letter Agreement") that addresses several contemplated transactions (including a sale by SG to Mr. Charney of shares of Common Stock and the grant by Mr. Charney to SG of warrants to acquire such shares and certain additional shares of Common Stock held by him), which the parties agree, pursuant to the Letter Agreement, to enter into following the occurrence of the Condition Precedent (as defined in the Letter Agreement). Such transactions have not been consummated, and neither the number of shares proposed to be sold, nor the price at which such shares would be sold, nor the exercise price for the warrants has yet been determined. However, upon the Reporting Persons' purchase of the shares of Common Stock reported herein, the Condition Precedent has occurred.
A copy of the Letter Agreement is filed as Exhibit A to Amendment No. 13 to the Schedule 13D filed by Mr. Charney with the Securities and Exchange Commission on June 27, 2014.
As a result of the Letter Agreement, the Reporting Persons and Mr. Charney may be deemed to have formed a "group" within the meaning of Rule 13d-5(b)(1) of the Securities Exchange Act of 1934, as amended. However, the Reporting Persons do not expressly affirm the existence of a group. Each of the Reporting Persons disclaims beneficial ownership of securities of the Issuer beneficially owned by Mr. Charney, except to the extent of any pecuniary interest that such Reporting Person may have with respect thereto.
The Form 3 previously filed by the Reporting Persons with respect to shares of the Common Stock is hereby amended to correct the allocation of shares among the Funds.
/s/ Standard General L.P. by Soohyung Kim, Chief Executive Officer
2014-06-30
/s/ Standard General Master Fund L.P. by Soohyung Kim, Chief Executive Officer of Standard General L.P., its investment manager
2014-06-30
/s/ P Standard General Ltd. by Soohyung Kim, Chief Executive Officer of Standard General L.P., its investment manager
2014-06-30
/s/ Soohyung Kim
2014-06-30