FORM 3 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934 or Section 30(h) of the Investment Company Act of 1940 |
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1. Name and Address of Reporting Person*
(Street)
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2. Date of Event Requiring Statement
(Month/Day/Year) 07/17/2007 |
3. Issuer Name and Ticker or Trading Symbol
BIOMET INC [ BMET ] |
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4. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
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5. If Amendment, Date of Original Filed
(Month/Day/Year) |
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6. Individual or Joint/Group Filing (Check Applicable Line)
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Table I - Non-Derivative Securities Beneficially Owned | |||
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1. Title of Security (Instr. 4) | 2. Amount of Securities Beneficially Owned (Instr. 4) | 3. Ownership Form: Direct (D) or Indirect (I) (Instr. 5) | 4. Nature of Indirect Beneficial Ownership (Instr. 5) |
Common Shares | 124,282(1)(2) | I | See footnotes(1)(2) |
Table II - Derivative Securities Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities) | |||||||
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1. Title of Derivative Security (Instr. 4) | 2. Date Exercisable and Expiration Date (Month/Day/Year) | 3. Title and Amount of Securities Underlying Derivative Security (Instr. 4) | 4. Conversion or Exercise Price of Derivative Security | 5. Ownership Form: Direct (D) or Indirect (I) (Instr. 5) | 6. Nature of Indirect Beneficial Ownership (Instr. 5) | ||
Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||
Call Option (right to purchase) | (3) | 01/17/2009 | Common Shares | 3,100 | $45 | I | See footnotes(1)(2)(4) |
Security Based Swap (put equivalent)(5) | (5) | 04/07/2017 | Common Shares | 1,400 | (5) | I | See footnotes(1)(2)(5) |
Security Based Swap (put equivalent)(5) | (5) | 04/10/2017 | Common Shares | 20,200 | (5) | I | See footnotes(1)(2)(5) |
Explanation of Responses: |
1. The Reporting Person is currently a vice president of Goldman, Sachs & Co. ("Goldman Sachs"). Goldman Sachs is a direct and indirect wholly-owned subsidiary of The Goldman Sachs Group, Inc. ("GS Group"). Goldman Sachs is affiliated with private equity funds that hold equity interests in LVB Acquisition Holding, LLC, the indirect beneficial owner of 208,324,725 Biomet, Inc. ("Biomet") common shares, including 5,723,595 shares beneficially owned by Dr. Dane A. Miller and Mary Louise Miller that are subject to a voting agreement with LVB Acquisition, Inc., a subsidiary of LVB Acquisition Holding, LLC. In addition, Goldman Sachs and other wholly-owned subsidiaries of GS Group may be deemed to directly beneficially own 124,282 Biomet common shares. |
2. The Reporting Person disclaims beneficial ownership of all of the securities reported on Table I and Table II of this Form 3, including the Biomet common shares that are or may be beneficially owned by LVB Acquisition Holding, LLC, Goldman Sachs and any of its affiliated funds. |
3. Immediately exercisable. |
4. The securities reported herein are directly beneficially owned by Goldman Sachs. |
5. Goldman Sachs International ("GSI"), a wholly-owned subsidiary of the GS Group, entered into security-based swap agreements in the form of contracts for differences under which GSI is obligated to make payments to its counterparty, or GSI's counterparty is obligated to make payments to GSI, as the case may be, based on changes in the price of Biomet's common shares and any declared dividends. In addition, the counterparty is obligated to make floating rate payments to GSI based on the notional size of the transaction. |
/s/ Yvette Kosic, Attorney-in-fact | 07/27/2007 | |
** Signature of Reporting Person | Date | |
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | ||
* If the form is filed by more than one reporting person, see Instruction 5 (b)(v). | ||
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). | ||
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. | ||
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. |