-----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, RQ8nYf1GBD0Qv++lbAZ8mkjlW5kuCbe7H0vTZJ31wdFrIDSo8OIJQdHanxFELN7O BWkSYThomx4rGZy+CsLl4w== 0001104659-04-002194.txt : 20040130 0001104659-04-002194.hdr.sgml : 20040130 20040130124600 ACCESSION NUMBER: 0001104659-04-002194 CONFORMED SUBMISSION TYPE: SC 13G/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20040130 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: RESTORATION HARDWARE INC CENTRAL INDEX KEY: 0000863821 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-FURNITURE STORES [5712] IRS NUMBER: 680140361 STATE OF INCORPORATION: CA FISCAL YEAR END: 0201 FILING VALUES: FORM TYPE: SC 13G/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-54313 FILM NUMBER: 04554989 BUSINESS ADDRESS: STREET 1: 15 KOCH ROAD STREET 2: SUITE J CITY: CORTE MADERA STATE: CA ZIP: 94925 BUSINESS PHONE: 415-924-1005 MAIL ADDRESS: STREET 1: 15 KOCH ROAD STREET 2: SUITE J CITY: CORTE MADERA STATE: CA ZIP: 94925 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: KIMMEL SIDNEY CENTRAL INDEX KEY: 0000900608 IRS NUMBER: 211163974 FILING VALUES: FORM TYPE: SC 13G/A BUSINESS ADDRESS: STREET 1: 250 RITTENHOUSE CIRCLE CITY: BRISTOL STATE: PA ZIP: 19007 BUSINESS PHONE: 2157854000 MAIL ADDRESS: STREET 1: 250 RITTENHOUSE CIRCLE CITY: BRISTOL STATE: PA ZIP: 19007 SC 13G/A 1 a04-1522_1sc13ga.htm SC 13G/A

 

 

UNITED STATES

 

 

SECURITIES AND EXCHANGE COMMISSION

 

 

Washington, D.C. 20549

 

 

 

 

 

SCHEDULE 13G/A
(Rule 13d-102)

 

 

INFORMATION TO BE INCLUDED IN STATEMENTS

FILED PURSUANT TO RULES 13d-1(b), (c) AND (d)

AND AMENDMENTS THERETO FILED PURSUANT TO 13d-2(b)

 

Under the Securities Exchange Act of 1934
(Amendment No.  1)(1)

 

Restoration Hardware, Inc.

(Name of Issuer)

 

Common Stock,  $0.0001 par value per share

(Title of Class of Securities)

 

760981-10-0

(CUSIP Number)

 

December 31, 2003

(Date of Event Which Requires Filing of this Statement)

 

Check the appropriate box to designate the rule pursuant to which this Schedule is filed:

o

Rule 13d-1(b)

ý

Rule 13d-1(c)

o

Rule 13d-1(d)

 

(1) 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.  760981-10-0

 

 

1.

Names of Reporting Persons. I.R.S. Identification Nos. of above persons (entities only)
Revocable Indenture of Trust of Sidney Kimmel dated 5/17/01
###-##-####

 

 

2.

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

 

 

(a)

o

 

 

(b)

o

 

 

3.

SEC Use Only

 

 

4.

Citizenship or Place of Organization
Philadelphia, PA, USA

 

 

 

Number of
Shares
Beneficially
Owned by
Each
Reporting
Person With

5.

Sole Voting Power
0

 

6.

Shared Voting Power
725,000

 

7.

Sole Dispositive Power
0

 

8.

Shared Dispositive Power
725,000

 

 

9.

Aggregate Amount Beneficially Owned by Each Reporting Person
725,000

 

 

10.

Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions)  o

 

 

11.

Percent of Class Represented by Amount in Row (9)
2.2%

 

 

12.

Type of Reporting Person (See Instructions)
OO

 

2

 

 

1.

Names of Reporting Persons. I.R.S. Identification Nos. of above persons (entities only)
The Sidney Kimmel Foundation
23-2698492

 

 

2.

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

 

 

(a)

o

 

 

(b)

o

 

 

3.

SEC Use Only

 

 

4.

Citizenship or Place of Organization
Pennsylvania, USA

 

 

 

Number of
Shares
Beneficially
Owned by
Each
Reporting
Person With

5.

Sole Voting Power
0

 

6.

Shared Voting Power
0

 

7.

Sole Dispositive Power
0

 

8.

Shared Dispositive Power
0

 

 

9.

Aggregate Amount Beneficially Owned by Each Reporting Person
0

 

 

10.

Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions)  o

 

 

11.

Percent of Class Represented by Amount in Row (9)
0.0%

 

 

12.

Type of Reporting Person (See Instructions)
OO

 

3

 

 

1.

Names of Reporting Persons. I.R.S. Identification Nos. of above persons (entities only)
Sidney Kimmel

 

 

2.

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

 

 

(a)

o

 

 

(b)

o

 

 

3.

SEC Use Only

 

 

4.

Citizenship or Place of Organization
United States

 

 

 

Number of
Shares
Beneficially
Owned by
Each
Reporting
Person With

5.

Sole Voting Power
0

 

6.

Shared Voting Power
725,000

 

7.

Sole Dispositive Power
0

 

8.

Shared Dispositive Power
725,000

 

 

9.

Aggregate Amount Beneficially Owned by Each Reporting Person
725,000

 

 

10.

Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions)  o

 

 

11.

Percent of Class Represented by Amount in Row (9)
2.2%

 

 

12.

Type of Reporting Person (See Instructions)
OO

 

4

 

Item 1.

 

(a)

Name of Issuer
Restoration Hardware, Inc.

 

(b)

Address of Issuer’s Principal Executive Offices
15 Koch Road, Suite J
Corte Madera, CA  94925

 

Item 2.

 

(a)

Name of Person Filing
This statement is filed by:


A.  Sidney Kimmel (“Kimmel”) with respect to the shares of common stock, par value $0.0001 per share (“Common Stock”), of Restoration Hardware, Inc. (the “Company”) also beneficially owned by the Revocable Indenture of Trust of Sidney Kimmel dated 5/17/01 (the “Trust”), of which Kimmel is the sole trustee, which shares were received by the Trust on November 10, 2003.  On November 10, 2003, the Trust transferred all of the shares of Common Stock of the Company beneficially owned by it by charitable gift to The Sidney Kimmel Foundation (the “Foundation”), a Pennsylvania nonprofit corporation.  This statement is also filed by Kimmel with respect to the shares of Common Stock of the Company also beneficially owned by the Foundation, of which Kimmel is the Chairman.  Kimmel disclaims beneficial ownership with respect to any shares of Common Stock of the Company owned by the Trust or the Foundation;


B.  the Trust with respect to the shares of Common Stock owned directly by it.  The Trust disclaims beneficial ownership with respect to any shares of Common Stock of the Company owned by the Foundation; and


C.  the Foundation with respect to the shares of Common Stock owned directly by it.


Kimmel, the Trust and the Foundation are hereinafter collectively referred to as the “Reporting Persons.”

 

(b)

Address of Principal Business Office or, if none, Residence
The principal business address of each of the Reporting Persons is:


c/o Patrick J. Moran

Silvercrest Asset Management Group

1330 Avenue of the Americas, 38th Floor

New York, New York  10019

 

5

 

 

(c)

Citizenship
The Trust is a trust formed in Philadelphia, Pennsylvania, USA;

The Foundation is a Pennsylvania nonprofit corporation;

Kimmel is a citizen of the United States.

 

(d)

Title of Class of Securities
Common Stock, $0.0001 par value per share

 

(e)

CUSIP Number
760981-10-0

 

Item 3.

If this statement is filed pursuant to §§240.13d-1(b) or 240.13d-2(b) or (c), check whether the person filing is a:
N/A

 

(a)

o

Broker or dealer registered under section 15 of the Act (15 U.S.C. 78o).

 

(b)

o

Bank as defined in section 3(a)(6) of the Act (15 U.S.C. 78c).

 

(c)

o

Insurance company as defined in section 3(a)(19) of the Act (15 U.S.C. 78c).

 

(d)

o

Investment company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C 80a-8).

 

(e)

o

An investment adviser in accordance with §240.13d-1(b)(1)(ii)(E);

 

(f)

o

An employee benefit plan or endowment fund in accordance with §240.13d-1(b)(1)(ii)(F);

 

(g)

o

A parent holding company or control person in accordance with § 240.13d-1(b)(1)(ii)(G);

 

(h)

o

A savings associations as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813);

 

(i)

o

A church plan that is excluded from the definition of an investment company under section 3(c)(14) of the Investment Company Act of 1940 (15 U.S.C. 80a-3);

 

(j)

o

Group, in accordance with §240.13d-1(b)(1)(ii)(J).

 

 

 

 

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.

The Trust

 

6

 

 

(a)

Amount beneficially owned:
0

 

(b)

Percent of class:
0.0%

 

(c)

Number of shares as to which the person has:

 

 

(i)

Sole power to vote or to direct the vote
0

 

 

(ii)

Shared power to vote or to direct the vote
0

 

 

(iii)

Sole power to dispose or to direct the disposition of
0

 

 

(iv)

Shared power to dispose or to direct the disposition of
0

 

 

B.

The Foundation

 

(a)

Amount beneficially owned:
725,000

 

(b)

Percent of class:
2.2%

 

(c)

Number of shares as to which the person has:

 

 

(i)

Sole power to vote or to direct the vote
0

 

 

(ii)

Shared power to vote or to direct the vote
725,000

 

 

(iii)

Sole power to dispose or to direct the disposition of
0

 

 

(iv)

Shared power to dispose or to direct the disposition of
725,000

 

 

B.

Kimmel

 

(a)

Amount beneficially owned:
725,000

 

(b)

Percent of class:
2.2%

 

(c)

Number of shares as to which the person has:

 

 

(i)

Sole power to vote or to direct the vote
0

 

 

(ii)

Shared power to vote or to direct the vote
725,000

 

 

(iii)

Sole power to dispose or to direct the disposition of
0

 

 

(iv)

Shared power to dispose or to direct the disposition of
725,000

 

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 beneficial owner of more than five percent of the class of securities, check the following    ý.

 

Item 6.

Ownership of More than Five Percent on Behalf of Another Person

 

N/A

 

Item 7.

Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on By the Parent Holding Company or Control Person

 

N/A

 

7

 

Item 8.

Identification and Classification of Members of the Group

 

N/A

 

Item 9.

Notice of Dissolution of Group

 

N/A

 

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.

 

8

 

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.

 

 

Dated:  January 28, 2004

 

Revocable Indenture of Trust of Sidney
Kimmel dated 5/17/01

 

 

 

 

 

By:

Sidney Kimmel

 

 

 

 

Sidney Kimmel, Trustee

 

 

 

 

Dated:  January 28, 2004

 

The Sidney Kimmel Foundation

 

 

 

 

 

 

By:

Sidney Kimmel

 

 

 

 

Sidney Kimmel, Chairman

 

 

 

 

 

 

 

 

Dated:  January 28, 2004

 

 

Sidney Kimmel

 

 

 

 

Sidney Kimmel

 

9

 

JOINT FILING AGREEMENT

 

The undersigned hereby agree that this Statement on Schedule 13G with respect to the beneficial ownership of shares of Common Stock, par value $0.0001 per share, of Restoration Hardware, Inc. is filed jointly, on behalf of each of them.

 

Dated:  January 28, 2004

 

Revocable Indenture of Trust of Sidney
Kimmel dated 5/17/01

 

 

 

 

 

By:

Sidney Kimmel

 

 

 

 

Sidney Kimmel, Trustee

 

 

 

 

Dated:  January 28, 2004

 

The Sidney Kimmel Foundation

 

 

 

 

 

 

By:

Sidney Kimmel

 

 

 

 

Sidney Kimmel, Chairman

 

 

 

 

 

 

 

 

Dated:  January 28, 2004

 

 

Sidney Kimmel

 

 

 

 

Sidney Kimmel

 

10

 -----END PRIVACY-ENHANCED MESSAGE-----