FORM 4 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP 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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Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b). |
1. Name and Address of Reporting Person*
(Street)
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2. Issuer Name and Ticker or Trading Symbol
LIFEWAY FOODS INC [ lway ] |
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
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3. Date of Earliest Transaction
(Month/Day/Year) 07/28/2004 | ||||||||||||||||||||||||||
4. If Amendment, Date of Original Filed
(Month/Day/Year) |
6. Individual or Joint/Group Filing (Check Applicable Line)
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Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned | ||||||||||
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1. Title of Security (Instr. 3) | 2. Transaction Date (Month/Day/Year) | 2A. Deemed Execution Date, if any (Month/Day/Year) | 3. Transaction Code (Instr. 8) | 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) | 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) | 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 7. Nature of Indirect Beneficial Ownership (Instr. 4) | |||
Code | V | Amount | (A) or (D) | Price | ||||||
Common stock, no par value | 07/28/2004 | S | 500 | D | $12.75 | 1,505,823 | D | |||
Common stock, no par value | 07/28/2004 | S | 300 | D | $12.71 | 1,505,523 | D | |||
Common stock, no par value | 07/28/2004 | S | 800 | D | $12.65 | 1,504,723 | D | |||
Common stock, no par value | 07/28/2004 | S | 300 | D | $12.832 | 1,504,423 | D | |||
Common stock, no par value | 07/28/2004 | S | 100 | D | $12.83 | 1,504,323 | D |
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities) | |||||||||||||||
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1. Title of Derivative Security (Instr. 3) | 2. Conversion or Exercise Price of Derivative Security | 3. Transaction Date (Month/Day/Year) | 3A. Deemed Execution Date, if any (Month/Day/Year) | 4. Transaction Code (Instr. 8) | 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) | 6. Date Exercisable and Expiration Date (Month/Day/Year) | 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) | 8. Price of Derivative Security (Instr. 5) | 9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) | 10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 11. Nature of Indirect Beneficial Ownership (Instr. 4) | ||||
Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares |
Explanation of Responses: |
Remarks: |
The aggregate number of shares sold by Edward Smolyansky on July 28, 2004 and reported on this Form 4 was 2,000. Following the first reported sale on this Form 4, Edward's direct holdings were 111,598 shares and his indirect holdings were 1,394,225 shares. Following the last sale reported on the Form 4, his direct holdings were 110,098 and his indirect holdings remained unchanged. Edward indirectly beneficially owns 1,394,225 as a result of his indirect pecuniary interest in LWAY shares held in the Estate of Michael Smolyansky, Edward's father and the founder and former President and CEO of LWAY. On 3/5/2003, pursuant to the Illinois Probate Act and the Internal Revenue Code, Edward filed a disclaimer (the "Disclaimer") wherein he disclaimed his interest in the LWAY shares held by the Estate. The Disclaimer was filed in the Cook County, Illinois Circuit Court on 3/10/2003. As a result, Edward has no pecuniary interest in the Estate's LWAY shares. Further, he disclaims the indirect pecuniary interest in the Estate's LWAY shares attributable to him under Section 16 of the Securities Exchange Act of 1934. |
Edward Smolyansky | 07/30/2004 | |
** 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 4 (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. |