-----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, NtT0YMbSrZUqIoAaj8Jq7bU4/wigygYCpbxKLmQ8XOAwcSqrP5kxm4r3xQPVNIfm 6FTGA+m1d+hD3qwYRhKGEA== 0000903423-04-000078.txt : 20040130 0000903423-04-000078.hdr.sgml : 20040130 20040130135423 ACCESSION NUMBER: 0000903423-04-000078 CONFORMED SUBMISSION TYPE: SC 13G/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20040130 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: ISTA PHARMACEUTICALS INC CENTRAL INDEX KEY: 0000930553 STANDARD INDUSTRIAL CLASSIFICATION: IN VITRO & IN VIVO DIAGNOSTIC SUBSTANCES [2835] IRS NUMBER: 330511719 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-59537 FILM NUMBER: 04555280 BUSINESS ADDRESS: STREET 1: 15279 ALTON PARKWAY 100 CITY: IRVINE STATE: CA ZIP: 92618 BUSINESS PHONE: 9497886000 MAIL ADDRESS: STREET 1: 15279 ALTON PARKWAY 100 CITY: IRVINE STATE: CA ZIP: 92618 FORMER COMPANY: FORMER CONFORMED NAME: ADVANCED CORNEAL SYSTEMS INC DATE OF NAME CHANGE: 20000403 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: ONTARIO TEACHERS PENSION PLAN BOARD CENTRAL INDEX KEY: 0000937567 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G/A BUSINESS ADDRESS: STREET 1: 5650 YONGE STREET STREET 2: NORTH YORK CITY: ONTARIO CANADA ZIP: M2M 4H5 BUSINESS PHONE: 4167305300 MAIL ADDRESS: STREET 1: 5650 YONGE STREET STREET 2: NORTH YORK CITY: ONTARIO CANADA ZIP: M2M 4H5 SC 13G/A 1 ista13ga_1-28.txt SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 13G/A Under the Securities Exchange Act of 1934 (Amendment No. 1)* ISTA PHARMACEUTICALS, INC. -------------------------- (Name of Issuer) Common Stock, $.001 par value ----------------------------- (Title of Class of Securities) 45031X204 --------- (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: [X] Rule 13d - 1(b) [ ] 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. 45031X204 13G/A 1 NAME OF REPORTING PERSON S.S. or I.R.S. IDENTIFICATION NO. OF ABOVE PERSON ONTARIO TEACHERS' PENSION PLAN BOARD 2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) [ ] (b) [ ] 3 SEC USE ONLY 4 CITIZENSHIP OR PLACE OF ORGANIZATION ONTARIO, CANADA 5 SOLE VOTING POWER 307,894 NUMBER OF 6 SHARED VOTING POWER SHARES BENEFICIALLY N/A OWNED BY EACH 7 SOLE DISPOSITIVE POWER REPORTING PERSON WITH 307,894 8 SHARED DISPOSITIVE POWER N/A 9 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 307,894 10 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES|_|* 11 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW 9 1.8% 12 TYPE OF REPORTING PERSON EP * SEE INSTRUCTIONS BEFORE FILLING OUT! Item 1: Issuer (a) NAME OF ISSUER: ISTA Pharmaceuticals, Inc. (the "Corporation") (b) ADDRESS OF ISSUER'S PRINCIPAL EXECUTIVE OFFICES: 15279 Alton Parkway, Suite 100, Irvine, CA, 92618, United States Item 2: Person Filing and Securities Statement Being Filed in Respect Of (a) NAME OF PERSON FILING: Ontario Teachers' Pension Plan Board (the "Board") (b) ADDRESS OF PRINCIPAL BUSINESS OFFICE OR, IF NONE, RESIDENCE: 5650 Yonge Street, Suite 500, Toronto, Ontario, Canada, M2M 4H5. (c) CITIZENSHIP: The Board is a corporation incorporated under the laws of the Province of Ontario, Canada. (d) TITLE OF CLASS OF SECURITIES: This statement relates to Common Stock, $.001 par value, of the Corporation. (e) CUSIP NUMBER: 45031X204. Item 3: If this statement is filed pursuant to Rule 13d-1(b), or 13d-2(b) or (c), check whether the person filing is a: The Board is filing this statement pursuant to the "no-action" relief granted to it by the Office of Tender Offers, Division of Corporation Finance of the United States Securities and Exchange Commission in a letter dated May 6, 1992. (a) [ ] Broker or dealer registered under Section 15 of the Exchange Act. (b) [ ] Bank as defined in Section 3(a)(6) of the Exchange Act. (c) [ ] Insurance company as defined in Section 3(a)(19) of the Exchange Act. (d) [ ] Investment company registered under Section 8 of the Investment Company Act. (e) [ ] An investment adviser in accordance with Rule 13d-1(b)(1)(ii)(E); (f) [ ] An employee benefit plan or endowment fund in accordance with 13d-1(b)(1)(ii)(F); (g) [ ] A parent holding company or control person in accordance with Rule 13d-1(b)(1)(ii)(G) (h) [ ] A savings association as defined in Section 3(b) of the Federal Deposit Insurance Act; (i) [ ] A church plan that is excluded from the definition of an investment company under Section 3(c)(14) of the Investment Company Act; (j) [ ] Group, in accordance with Rule 13d-1(b)(1)(ii)(J). Item 4: Ownership (a) AMOUNT BENEFICIALLY OWNED: 307,894 (as of December 31, 2003) (b) PERCENT OF CLASS: 1.8% (c) NUMBER OF SHARES AS TO WHICH THE PERSON HAS: (i) Sole power to vote or direct the vote: 307,894 (ii) Shared power to vote or direct the vote: NONE (iii) Sole power to dispose or direct the disposition: 307,894 (iv) Shared power to dispose or to direct the disposition: NONE 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 [X]. 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 acquired and are held in the ordinary course of business and 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 30, 2004 /s/ Roger Barton ----------------------------------- Name: Roger Barton Title: Vice President, General Counsel and Secretary -----END PRIVACY-ENHANCED MESSAGE-----