0001104659-12-068418.txt : 20121010 0001104659-12-068418.hdr.sgml : 20121010 20121010154718 ACCESSION NUMBER: 0001104659-12-068418 CONFORMED SUBMISSION TYPE: SC 13G/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20121010 DATE AS OF CHANGE: 20121010 GROUP MEMBERS: GEORGE A. HENNING SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: VITRAN CORP INC CENTRAL INDEX KEY: 0000946823 STANDARD INDUSTRIAL CLASSIFICATION: ARRANGEMENT OF TRANSPORTATION OF FREIGHT & CARGO [4731] IRS NUMBER: 000000000 STATE OF INCORPORATION: A6 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-52463 FILM NUMBER: 121137734 BUSINESS ADDRESS: STREET 1: 185 THE WEST MALL STREET 2: SUITE 701 CITY: TORONTO STATE: A6 ZIP: M9C 5L5 BUSINESS PHONE: 416-596-7664 MAIL ADDRESS: STREET 1: 185 THE WEST MALL STREET 2: SUITE 701 CITY: TORONTO STATE: A6 ZIP: M9C 5L5 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: PACIFIC GLOBAL INVESTMENT MANAGEMENT CO CENTRAL INDEX KEY: 0000908431 IRS NUMBER: 000000000 STATE OF INCORPORATION: CA FILING VALUES: FORM TYPE: SC 13G/A BUSINESS ADDRESS: STREET 1: 101 NORTH BRAND BLVD., SUITE 1950 CITY: GLENDALE STATE: CA ZIP: 91203 BUSINESS PHONE: (800) 989-6693 MAIL ADDRESS: STREET 1: 101 NORTH BRAND BLVD., SUITE 1950 CITY: GLENDALE STATE: CA ZIP: 91203 SC 13G/A 1 a12-23444_1sc13ga.htm SC 13G/A

 

 

UNITED STATES

 

 

SECURITIES AND EXCHANGE COMMISSION

 

 

Washington, D.C. 20549

 

 

 

 

SCHEDULE 13G

 

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

 

Vitran Corp Inc.

(Name of Issuer)

Common Stock

(Title of Class of Securities)

92850E107

(CUSIP Number)

September 30, 2012

(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)

o

Rule 13d-1(c)

o

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. 92850E107

 

 

1.

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

 

Pacific Global Investment Management Company

95-4351611

 

 

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
California Corporation

 

 

 

Number of
Shares
Beneficially
Owned by
Each
Reporting
Person With

5.

Sole Voting Power
1,900,565

 

6.

Shared Voting Power
0

 

7.

Sole Dispositive Power
1,900,565

 

8.

Shared Dispositive Power
0

 

 

9.

Aggregate Amount Beneficially Owned by Each Reporting Person
1,900,565 Beneficial ownership disclaimed pursuant to Rule 13d-4 under the Securities Exchange Act of 1934.

 

 

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)
11.59%

 

 

12.

Type of Reporting Person (See Instructions)
IA

 

2


 

CUSIP No. 92850E107

 

 

1.

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

 

George A. Henning

 

 

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
U.S.A.

 

 

 

Number of
Shares
Beneficially
Owned by
Each
Reporting
Person With

5.

Sole Voting Power
(See Item 4)

 

6.

Shared Voting Power
(See Item 4)

 

7.

Sole Dispositive Power
(See Item 4)

 

8.

Shared Dispositive Power
(See Item 4)

 

 

9.

Aggregate Amount Beneficially Owned by Each Reporting Person
1,900,565 Beneficial ownership disclaimed pursuant to Rule 13d-4 under the Securities Exchange Act of 1934.

 

 

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)
11.59%

 

 

12.

Type of Reporting Person (See Instructions)
HC, IN

 

3


 

Item 1.

 

(a)

Name of Issuer
Vitran Corp Inc.

 

(b)

Address of Issuer’s Principal Executive Offices
185 The West Mall, Suite 701, Toronto, ON M9C 5L5, Canada

 

Item 2.

 

(a)

Name of Person Filing
(1) Pacific Global Investment Management Company (“PGIMC”)

 

(2) George A. Henning

 

(b)

Address of Principal Business Office or, if none, Residence
(1) and (2):

101 N Brand Blvd, Suite 1950, Glendale, CA 91203

 

(c)

Citizenship
(1) California Corporation

(2) U.S.A.

 

(d)

Title of Class of Securities
Common Stock

 

(e)

CUSIP Number
92850E107

 

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:

 

(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)

x

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)

x

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

 

(h)

o

A savings association 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

A non-U.S. institution in accordance with § 240.13d–1(b)(1)(ii)(J);

 

(k)

o

Group, in accordance with § 240.13d–1(b)(1)(ii)(K). If filing as a non-U.S. institution in accordance with § 240.13d–1(b)(1)(ii)(J), please specify the type of institution:____________________________

 

4


 

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:   

 

 

(b)

Percent of class:   

 

 

(c)

Number of shares as to which the person has:

 

 

 

(i)

Sole power to vote or to direct the vote   

 

 

 

(ii)

Shared power to vote or to direct the vote     

 

 

 

(iii)

Sole power to dispose or to direct the disposition of   

 

 

 

(iv)

Shared power to dispose or to direct the disposition of   

 

 

See Items 5 — 11 on cover pages 2 — 9 of this Schedule 13G.

 

1,900,565 shares or 11.59% of Common Stock believed to be outstanding may be deemed beneficially owned within the meaning of Rule 13d-3 of the Securities Exchange Act of 1934 by (1) PGIMC by virtue of its investment discretion and voting authority granted by certain clients, which may be revoked at any time; and (2) George A. Henning, as a result of his ownership interest in PGIMC.  PGIMC and Mr. Henning each specifically disclaim beneficial ownership of any shares reported on the Schedule.

 

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   o.

 

Not Applicable.

 

Item 6.

Ownership of More than Five Percent on Behalf of Another Person

   (1)

One or more  clients of PGIMC have the right to receive and the power to direct the receipt of dividends from, or the proceeds from the sale of common stock of Vitran Corp Inc.

 

To the best of PGIMC’s knowledge, no individual client account has interest of more than five percent of the outstanding stock.

 

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.

 

5


 

Item 10.

Certification

    (a)

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.

 

This report shall not be construed as an admission by the persons filing the report that they are the beneficial owner of any securities covered by this report.

 

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.

 

 

Pacific Global Investment Management Company

 

 

 

By:

/s/ George A. Henning

 

 

George A. Henning

 

 

President

 

 

October 10, 2012

 

 

 

 

 

George A. Henning

 

/s/ George A. Henning

 

George A. Henning

 

October 10, 2012

 

 

6