-----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, CcB0OgsVXgBmUSVPVJYRwt/V3OO9ZaTkxI6t9gpAhK4e2DQyEP6wp9IhVRPlFAi6 orjtFu+RvJQIB4zv+FLuiQ== 0000905718-11-000006.txt : 20110201 0000905718-11-000006.hdr.sgml : 20110201 20110201164440 ACCESSION NUMBER: 0000905718-11-000006 CONFORMED SUBMISSION TYPE: SC 13G PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20110201 DATE AS OF CHANGE: 20110201 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: THESTREET COM CENTRAL INDEX KEY: 0001080056 STANDARD INDUSTRIAL CLASSIFICATION: NEWSPAPERS: PUBLISHING OR PUBLISHING & PRINTING [2711] IRS NUMBER: 061515824 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G SEC ACT: 1934 Act SEC FILE NUMBER: 005-56341 FILM NUMBER: 11563626 BUSINESS ADDRESS: STREET 1: 14 WALL ST 14TH FL CITY: NEW YORK STATE: NY ZIP: 10005 BUSINESS PHONE: 212 321 5000 MAIL ADDRESS: STREET 1: 14 WALL ST 14TH FL CITY: NEW YORK STATE: NY ZIP: 10005 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: Harvey Partners, LLC CENTRAL INDEX KEY: 0001406484 IRS NUMBER: 203760303 FILING VALUES: FORM TYPE: SC 13G BUSINESS ADDRESS: STREET 1: 350 MADISON AVENUE, 8TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 BUSINESS PHONE: (212) 389-8760 MAIL ADDRESS: STREET 1: 350 MADISON AVENUE, 8TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 SC 13G 1 sc13gstreet.htm SC13GTHESTREET sc13gstreet.htm
 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
 
SCHEDULE 13G
(Amendment No.    )*
 
 
Under the Securities Exchange Act of 1934
 
 

THESTREET.COM, INC.
(Name of Issuer)
 
COMMON STOCK, PAR VALUE $0.01 PER SHARE
(Title of Class of Securities)
 
88368Q103
(CUSIP Number)
 
January 25, 2011
(Date of Event Which Requires Filing of this Statement)
 
 
Check the appropriate box to designate the rule pursuant to which this Schedule 13G 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.  88368Q103

     
(1)
Names of Reporting Persons.  I.R.S. Identification Nos. of Above Persons (entities only):
 
 
 
 
 
        Harvey Partners, LLC
 
          20-3760303  
     

(2)
Check the Appropriate Box if a Member of a Group (See Instructions)
 (a)  
          
     (b)  
          
         

(3)
SEC Use Only
 
     
 
(4)
Citizenship or Place of Organization:   Delaware, United States
 
     

Number of Shares Beneficially Owned by
Each Reporting Person With
(5) Sole Voting Power:
1,600,000*
 
(6) Shared Voting Power:
0  
 
(7) Sole Dispositive Power:
1,600,000*
 
(8) Shared Dispositive Power:
0  
   

   
(9)
Aggregate Amount Beneficially Owned by Each Reporting Person:    1,600,000*
   
   
(10)
Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions):     [    ]
   
   
(11)
Percent of Class Represented by Amount in Row (9):    5.1%*
   
   
(12)
Type of Reporting Person (See Instructions):    IA
   

* Based on the information set forth in the Quarterly Report on Form 10-Q of TheStreet.com, Inc. (the “Company”) filed with the Securities and Exchange Commission on November 5, 2010, there were 31,660,100 shares of the Company’s common stock, par value $0.01 per share (the “Common Stock”), outstanding as of November 4, 2010.  As of January 25, 2011, Harvey SMidCap Fund, LP, a Delaware limited partnership (“SMidCap Fund”), held 525,760 shares of Common Stock, Harvey SMidCap Offshore Fund, Ltd., a Cayman Islands exempted company (“SMidCap Offshore Fund”), held 347,677 shares of Common Stock, and Harvey QP, LP, a Delaware limited partnership (“Harvey QP”), held 726,563 shares of Common Stock. Harvey Partners, LLC, a Delaware limited liability c ompany (“Harvey Partners”), is the investment manager of SMidCap Fund, SMidCap Offshore Fund and Harvey QP, and as such, possesses the sole power to vote and the sole power to direct the disposition of all securities of the Company held by SMidCap Fund, SMidCap Offshore Fund and Harvey QP.  James A. Schwartz and Jeffrey C. Moskowitz, the Managing Members of Harvey Partners, share voting and investment power with respect to all securities beneficially owned by Harvey Partners.
 
 
 
 

 
 
 
Item 1(a)  Name Of Issuer:   TheStreet.com, Inc.

Item 1(b)  Address of Issuer’s Principal Executive Offices:   14 Wall Street, New York, NY 10005


Item 2(a)  Name of Person Filing:   Harvey Partners, LLC

Item 2(b)  Address  of  Principal  Business  Office  or,  if  None,  Residence:   610 Fifth Avenue, Suite 311, New York, NY 10020

Item 2(c)  Citizenship:   Harvey Partners, LLC is a Delaware limited liability company.

Item 2(d)  Title of Class of Securities:   Common Stock, par value $0.01 per share

Item 2(e)  CUSIP No.:   88368Q103


Item 3.    If  This  Statement Is  Filed  Pursuant  to  Section  240.13d-1(b) or 240.13d-2(b) or (c), check whether the Person Filing is a:   
 
            Not Applicable.

 
Item 4.  Ownership:
 
 

 
(a)
Amount Beneficially Owned (as of January 25, 2011):
 1,600,000*  
         
 
(b)
Percent of Class (as of January 25, 2011):
 5.1%*  
         
   (c) Number of shares as to which such person has:    
 
   
(i)
sole power to vote or to direct the vote:
 1,600,000*
 
           
   
(ii)
shared power to vote or to direct the vote:
 0
 
           
   
(iii)
sole power to dispose or to direct the disposition of:
 1,600,000*
 
           
   
(iv)
shared power to dispose or to direct the disposition of:
 0
 

- ----------------------
* Based on the information set forth in the Quarterly Report on Form 10-Q of TheStreet.com, Inc. (the “Company”) filed with the Securities and Exchange Commission on November 5, 2010, there were 31,660,100 shares of the Company’s common stock, par value $0.01 per share (the “Common Stock”), outstanding as of November 4, 2010.  As of January 25, 2011, Harvey SMidCap Fund, LP, a Delaware limited partnership (“SMidCap Fund”), held 525,760 shares of Common Stock, Harvey SMidCap Offshore Fund, Ltd., a Cayman Islands exempted company (“SMidCap Offshore Fund”), held 347,677 shares of Common Stock, and Harvey QP, LP, a Delaware limited partnership (“Harvey QP”), held 726,563 shares of Common Stock. Harvey Partners, LLC, a Delaware limited liability c ompany (“Harvey Partners”), is the investment manager of SMidCap Fund, SMidCap Offshore Fund and Harvey QP, and as such, possesses the sole power to vote and the sole power to direct the disposition of all securities of the Company held by SMidCap Fund, SMidCap Offshore Fund and Harvey QP.  James A. Schwartz and Jeffrey C. Moskowitz, the Managing Members of Harvey Partners, share voting and investment power with respect to all securities beneficially owned by Harvey Partners.
 
 
 

 
 

 
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 owner of more than five percent of the class of securities, check the following:  [    ]

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 or Control Person
 
       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.


 
 

 

 

                                    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.

 
 
January 25, 2011
   
   
 
HARVEY PARTNERS, LLC
   
       
 
By:
/s/ Jeffrey C. Moskowitz
 
   
Name:  Jeffrey C. Moskowitz
Title:  Managing Member
 
   
     


Attention:  Intentional misstatements or omissions of fact constitute Federal criminal violations (See 18 U.S.C. 1001)


 
 

 
 

 

 
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