-----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, Le7XgiM6Gncd73m+3dJ1+Mb7kUXSr0lFZsq9UnjIsz+DshbXWUezCoFspt/3a//0 W62c7MWsTc3wwpS5TzDODw== 0000950152-05-001045.txt : 20050211 0000950152-05-001045.hdr.sgml : 20050211 20050211150453 ACCESSION NUMBER: 0000950152-05-001045 CONFORMED SUBMISSION TYPE: SC 13G/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20050211 DATE AS OF CHANGE: 20050211 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: MAX & ERMAS RESTAURANTS INC CENTRAL INDEX KEY: 0000706471 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 311041397 STATE OF INCORPORATION: DE FISCAL YEAR END: 1031 FILING VALUES: FORM TYPE: SC 13G/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-34882 FILM NUMBER: 05597855 BUSINESS ADDRESS: STREET 1: 4849 EVANSWOOD DR CITY: COLUMBUS STATE: OH ZIP: 43229 BUSINESS PHONE: 6144315800 MAIL ADDRESS: STREET 1: 4849 EVANSWOOD DRIVE CITY: COLUMBUS STATE: OH ZIP: 43229 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: NIEGSCH WILLIAM C JR CENTRAL INDEX KEY: 0001106152 FILING VALUES: FORM TYPE: SC 13G/A MAIL ADDRESS: STREET 1: 4849 EVANSWOOD DRIVE CITY: COLUMBUS STATE: OH ZIP: 43229 SC 13G/A 1 l12014asc13gza.txt MAX & ERMA'S/WILLIAM NIEGSCH SC 13G/AMENDMENT #5 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 5)* Max & Erma's Restaurants (Name of Issuer) Common Stock, $.10 par value (Title of Class of Securities) 577903 10 7 (CUSIP Number) December 31, 2004 (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 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. 577903 10 7 Page -2- 1. Names of Reporting Person: William C. Niegsch, Jr. S.S. or I.R.S. Identification No. of Above Person (entities only): N/A 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: USA Number of Shares Beneficially Owned by Each Reporting Person With: 5. Sole Voting Power: 132,788 6. Shared Voting Power: 0 7. Sole Dispositive Power: 132,788 8. Shared Dispositive Power: 0 9. Aggregate Amount Beneficially Owned by Each Reporting Person: 132,788 10. Check Box if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions): [ x ] Mr. Niegsch expressly disclaims beneficial ownership of 11,000 shares held by his spouse and 2,901 shares held by his adult children. 11. Percent of Class Represented by Amount in Row (9): 5.2% 12. Type of Reporting Person: IN CUSIP No. 577903 10 7 Page -3- Item 1. (a) Name of Issuer - Max & Erma's Restaurants, Inc. (b) Address of Issuer's Principal Executive Offices: 4849 Evanswood Drive, Columbus, Ohio 43229 Item 2. (a) Name of Person Filing: William C. Niegsch, Jr. (b) Address: 4849 Evanswood Drive, Columbus, Ohio 43229 (c) Citizenship: USA (d) Title of Class of Securities: Common Stock, $.10 par value (e) CUSIP Number: 577903 10 7 Item 3. Not Applicable 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: 132,788 shares (Includes 32,930 shares which Mr. Niegsch has a right to purchase under presently exercisable options. Mr. Niegsch expressly disclaims beneficial ownership of 11,000 shares held by his spouse and 2,901 shares held by his adult children). (b) Percent of class: 5.2% (c) Number of shares as to which the person has: (i) Sole power to vote or to direct the vote: 132,788 (ii) Shared power to vote or to direct the vote: 0 (iii) Sole power to dispose or to direct the disposition of: 132,788 (iv) Shared power to dispose or to direct the disposition of: 0 CUSIP No. 577903 10 7 Page -4- Item 5. Ownership of Five Percent or Less of a Class Not Applicable 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. February 11, 2005 -------------------------- Date /s/ William C. Niegsch, Jr. -------------------------- Signature William C. Niegsch, Jr. -------------------------- Name -----END PRIVACY-ENHANCED MESSAGE-----