-----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, PyhdvvgmqeQgZGS6v2LLO9SGsyOHMPEwgYET54FJURZI2pTDbkjPDsqDVB7CMsk/ cELUk3mSUhW7DJTwxrSULw== 0000898080-99-000197.txt : 19990702 0000898080-99-000197.hdr.sgml : 19990702 ACCESSION NUMBER: 0000898080-99-000197 CONFORMED SUBMISSION TYPE: SC 13D PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19990701 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: BARR LABORATORIES INC CENTRAL INDEX KEY: 0000010081 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 221927534 STATE OF INCORPORATION: NY FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: SC 13D SEC ACT: SEC FILE NUMBER: 005-42092 FILM NUMBER: 99658168 BUSINESS ADDRESS: STREET 1: 2 QUAKER RD BOX 2900 CITY: POMONA STATE: NY ZIP: 10970-0519 BUSINESS PHONE: 9143538403 MAIL ADDRESS: STREET 1: 2 QUAKER RD STREET 2: BOX 2900 CITY: POMONA STATE: NY ZIP: 10970-0519 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: SHERMAN BERNARD C CENTRAL INDEX KEY: 0000936837 STANDARD INDUSTRIAL CLASSIFICATION: [] FILING VALUES: FORM TYPE: SC 13D BUSINESS ADDRESS: STREET 1: 150 SIGNET DR STREET 2: WESTON ONTARIO CITY: CANADA M9L 1T9 STATE: A6 BUSINESS PHONE: 4167499300 MAIL ADDRESS: STREET 1: 150 SIGNET DR STREET 2: WESTON ONTARIO CITY: CANADA M9L 1T9 STATE: A6 SC 13D 1 SCHEDULE 13-D UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 1)* BARR LABORATORIES, INC. - -------------------------------------------------------------------------------- (Name of Issuer) COMMON STOCK - -------------------------------------------------------------------------------- (Title of Class of Securities) 068306109 ----------------------------------------------------------------------- (CUSIP Number) MICHAEL F. FLORENCE, 150 SIGNET DRIVE, WESTON, ONTARIO, CANADA M9L 1T9 - -------------------------------------------------------------------------------- (Name, Address and Telephone Number of Person Authorized to Receive Notices and Communications) June 29, 1999 ----------------------------------------------------------------------- (Date of Event which Requires Filing of this Statement) If the filing person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of ss.ss. 240.13d-1(e), 240.13d-1(f) or 240.13d-1(g), check the following box |_|. NOTE: Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See ss. 240.13d-7(b) for other parties to whom copies are sent. * 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 disclosures provided in a prior cover page. The information required on 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). SCHEDULE 13D CUSIP No. 068306109 Page 2 of 15 Pages - -------------------------------------------------------------------------------- 1 NAME OF REPORTING PERSON I.R.S. IDENTIFICATION NO. OF ABOVE PERSON BERNARD C. SHERMAN 2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) |_| (b) |X| 3 SEC USE ONLY 4 SOURCE OF FUNDS* PF 5 CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) |_| 6 CITIZENSHIP OR PLACE OF ORGANIZATION ONTARIO, CANADA 7 SOLE VOTING POWER 0 NUMBER OF SHARES 8 SHARED VOTING POWER BENEFICIALLY 9,914,426 OWNED BY EACH 9 SOLE DISPOSITIVE POWER REPORTING 0 PERSON WITH 10 SHARED DISPOSITIVE POWER 9,914,426 11 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 9,914,426 12 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* |_| 13 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 43.5% Based on 22,777,607 shares of Common Stock outstanding at the close of business on March 31, 1999 as reported in the Issuer's Form 10-Q filed with the Commission on May 12, 1999. 14 TYPE OF REPORTING PERSON* IN - -------------------------------------------------------------------------------- *SEE INSTRUCTIONS BEFORE FILLING OUT! SCHEDULE 13D CUSIP No. 068306109 Page 3 of 15 Pages - -------------------------------------------------------------------------------- 1 NAME OF REPORTING PERSON I.R.S. IDENTIFICATION NO. OF ABOVE PERSON THE BERNARD AND HONEY SHERMAN TRUST 2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) |_| (b) |X| 3 SEC USE ONLY 4 SOURCE OF FUNDS* OO 5 CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) |_| 6 CITIZENSHIP OR PLACE OF ORGANIZATION ONTARIO, CANADA 7 SOLE VOTING POWER 0 NUMBER OF SHARES 8 SHARED VOTING POWER BENEFICIALLY 9,914,426 OWNED BY EACH 9 SOLE DISPOSITIVE POWER REPORTING 0 PERSON WITH 10 SHARED DISPOSITIVE POWER 9,914,426 11 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 9,914,426 12 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* |_| 13 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 43.5% Based on 22,777,607 shares of Common Stock outstanding at the close of business on March 31, 1999 as reported in the Issuer's Form 10-Q filed with the Commission on May 12, 1999. 14 TYPE OF REPORTING PERSON* OO - -------------------------------------------------------------------------------- *SEE INSTRUCTIONS BEFORE FILLING OUT! SCHEDULE 13D CUSIP No. 068306109 Page 4 of 15 Pages - -------------------------------------------------------------------------------- 1 NAME OF REPORTING PERSON I.R.S. IDENTIFICATION NO. OF ABOVE PERSON SHERMAN HOLDINGS INC. 2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) |_| (b) |X| 3 SEC USE ONLY 4 SOURCE OF FUNDS* OO 5 CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) |_| 6 CITIZENSHIP OR PLACE OF ORGANIZATION ONTARIO, CANADA 7 SOLE VOTING POWER 0 NUMBER OF SHARES 8 SHARED VOTING POWER BENEFICIALLY 9,914,426 OWNED BY EACH 9 SOLE DISPOSITIVE POWER REPORTING 0 PERSON WITH 10 SHARED DISPOSITIVE POWER 9,914,426 11 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 9,914,426 12 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* |_| 13 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 43.5% Based on 22,777,607 shares of Common Stock outstanding at the close of business on March 31, 1999 as reported in the Issuer's Form 10-Q filed with the Commission on May 12, 1999. 14 TYPE OF REPORTING PERSON* HC, CO - -------------------------------------------------------------------------------- *SEE INSTRUCTIONS BEFORE FILLING OUT! SCHEDULE 13D CUSIP No. 068306109 Page 5 of 15 Pages - -------------------------------------------------------------------------------- 1 NAME OF REPORTING PERSON I.R.S. IDENTIFICATION NO. OF ABOVE PERSON SHERMCO INC. 2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) |_| (b) |X| 3 SEC USE ONLY 4 SOURCE OF FUNDS* OO 5 CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) |_| 6 CITIZENSHIP OR PLACE OF ORGANIZATION ONTARIO, CANADA 7 SOLE VOTING POWER 0 NUMBER OF SHARES 8 SHARED VOTING POWER BENEFICIALLY 9,914,426 OWNED BY EACH 9 SOLE DISPOSITIVE POWER REPORTING 0 PERSON WITH 10 SHARED DISPOSITIVE POWER 9,914,426 11 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 9,914,426 12 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* |_| 13 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 43.5% Based on 22,777,607 shares of Common Stock outstanding at the close of business on March 31, 1999 as reported in the Issuer's Form 10-Q filed with the Commission on May 12, 1999. 14 TYPE OF REPORTING PERSON* HC, CO - -------------------------------------------------------------------------------- *SEE INSTRUCTIONS BEFORE FILLING OUT! SCHEDULE 13D CUSIP No. 068306109 Page 6 of 15 Pages - -------------------------------------------------------------------------------- 1 NAME OF REPORTING PERSON I.R.S. IDENTIFICATION NO. OF ABOVE PERSON SHERFAM INC. 2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) |_| (b) |X| 3 SEC USE ONLY 4 SOURCE OF FUNDS* OO 5 CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) |_| 6 CITIZENSHIP OR PLACE OF ORGANIZATION ONTARIO, CANADA 7 SOLE VOTING POWER 0 NUMBER OF SHARES 8 SHARED VOTING POWER BENEFICIALLY 9,914,426 OWNED BY EACH 9 SOLE DISPOSITIVE POWER REPORTING 0 PERSON WITH 10 SHARED DISPOSITIVE POWER 9,914,426 11 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 9,914,426 12 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* |_| 13 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 43.5% Based on 22,777,607 shares of Common Stock outstanding at the close of business on March 31, 1999 as reported in the Issuer's Form 10-Q filed with the Commission on May 12, 1999. 14 TYPE OF REPORTING PERSON* HC, CO - -------------------------------------------------------------------------------- *SEE INSTRUCTIONS BEFORE FILLING OUT! SCHEDULE 13D CUSIP No. 068306109 Page 7 of 15 Pages - -------------------------------------------------------------------------------- 1 NAME OF REPORTING PERSON I.R.S. IDENTIFICATION NO. OF ABOVE PERSON APOTEX HOLDINGS INC. 2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) |_| (b) |X| 3 SEC USE ONLY 4 SOURCE OF FUNDS* OO 5 CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) |_| 6 CITIZENSHIP OR PLACE OF ORGANIZATION ONTARIO, CANADA 7 SOLE VOTING POWER 0 NUMBER OF SHARES 8 SHARED VOTING POWER BENEFICIALLY 9,914,426 OWNED BY EACH 9 SOLE DISPOSITIVE POWER REPORTING 0 PERSON WITH 10 SHARED DISPOSITIVE POWER 9,914,426 11 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 9,914,426 12 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* |_| 13 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 43.5% Based on 22,777,607 shares of Common Stock outstanding at the close of business on March 31, 1999 as reported in the Issuer's Form 10-Q filed with the Commission on May 12, 1999. 14 TYPE OF REPORTING PERSON* HC, CO - -------------------------------------------------------------------------------- *SEE INSTRUCTIONS BEFORE FILLING OUT! SCHEDULE 13D CUSIP No. 068306109 Page 8 of 15 Pages - -------------------------------------------------------------------------------- 1 NAME OF REPORTING PERSON I.R.S. IDENTIFICATION NO. OF ABOVE PERSON SHERMFIN CORP. 2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) |_| (b) |X| 3 SEC USE ONLY 4 SOURCE OF FUNDS* OO 5 CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) |_| 6 CITIZENSHIP OR PLACE OF ORGANIZATION DELAWARE, USA 7 SOLE VOTING POWER 0 NUMBER OF SHARES 8 SHARED VOTING POWER BENEFICIALLY 9,914,426 OWNED BY EACH 9 SOLE DISPOSITIVE POWER REPORTING 0 PERSON WITH 10 SHARED DISPOSITIVE POWER 9,914,426 11 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 9,914,426 12 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* |_| 13 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 43.5% Based on 22,777,607 shares of Common Stock outstanding at the close of business on March 31, 1999 as reported in the Issuer's Form 10-Q filed with the Commission on May 12, 1999. 14 TYPE OF REPORTING PERSON* HC, CO - -------------------------------------------------------------------------------- *SEE INSTRUCTIONS BEFORE FILLING OUT! SCHEDULE 13D CUSIP No. 068306109 Page 9 of 15 Pages - -------------------------------------------------------------------------------- 1 NAME OF REPORTING PERSON I.R.S. IDENTIFICATION NO. OF ABOVE PERSON SHERMAN DELAWARE, INC. 2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) |_| (b) |X| 3 SEC USE ONLY 4 SOURCE OF FUNDS* WC 5 CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) |_| 6 CITIZENSHIP OR PLACE OF ORGANIZATION DELAWARE, USA 7 SOLE VOTING POWER 0 NUMBER OF SHARES 8 SHARED VOTING POWER BENEFICIALLY 9,914,426 OWNED BY EACH 9 SOLE DISPOSITIVE POWER REPORTING 0 PERSON WITH 10 SHARED DISPOSITIVE POWER 9,914,426 11 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 9,914,426 12 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* |_| 13 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 43.5% Based on 22,777,607 shares of Common Stock outstanding at the close of business on March 31, 1999 as reported in the Issuer's Form 10-Q filed with the Commission on May 12, 1999. 14 TYPE OF REPORTING PERSON* HC, CO - ------------------------- *SEE INSTRUCTIONS BEFORE FILLING OUT! SCHEDULE 13D CUSIP No. 068306109 Page 10 of 15 Pages - -------------------------------------------------------------------------------- 1 NAME OF REPORTING PERSON I.R.S. IDENTIFICATION NO. OF ABOVE PERSON THE APOTEX FOUNDATION, INC. 2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) |_| (b) |X| 3 SEC USE ONLY 4 SOURCE OF FUNDS* OO 5 CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) |_| 6 CITIZENSHIP OR PLACE OF ORGANIZATION NEW JERSEY, USA 7 SOLE VOTING POWER 0 NUMBER OF SHARES 8 SHARED VOTING POWER BENEFICIALLY 0 OWNED BY EACH 9 SOLE DISPOSITIVE POWER REPORTING 0 PERSON WITH 10 SHARED DISPOSITIVE POWER 0 11 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 0 12 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* |_| 13 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 0 14 TYPE OF REPORTING PERSON* CO - -------------------------------------------------------------------------------- *SEE INSTRUCTIONS BEFORE FILLING OUT! SCHEDULE 13D PREAMBLE This Amended Schedule 13D is being filed to reflect changes in the ownership of the Common Stock of Barr Laboratories, Inc. This Amended Schedule 13D amends the Schedule 13D filed by the Reporting Persons on March 26, 1999. This Amended Schedule 13D constitutes the final filing by The Apotex Foundation with respect to the Common Stock. Item 1. Security and Issuer The title and class of equity security to which this statement relates is: Common Stock, par value $0.01 per share ("Common Stock"). The name and address of the principal executive office of the issuer is: Barr Laboratories, Inc. (the "Issuer"), Two Quaker Road, P.O. Box 2900, Pomona, New York 10970-0519. Item 2. Identity and Background (a) This statement is being filed jointly by the following parties: (i) Bernard C. Sherman ("Dr. Sherman"), who has shared voting and dispositive control, as a trustee and officer, of The Apotex Foundation, Inc. ("Apotex Foundation"), and who has sole voting and dispositive control, as the sole trustee, of the Bernard and Honey Sherman Trust ("Sherman Trust"), and who owns 99% of the outstanding capital stock of Sherman Holdings Inc. ("Sherman Holdings"); (ii) Sherman Trust which owns 99% of the common stock of Shermco Inc. ("Shermco"); (iii) Sherman Holdings which owns 99% of the preferred stock of Shermco; (iv) Shermco which owns all of the outstanding capital stock of Sherfam Inc. ("Sherfam"); (v) Sherfam which owns all of the outstanding capital stock of Apotex Holdings Inc. ("Apotex"); (vi) Apotex which owns all of the outstanding capital stock of Shermfin Corp. ("Shermfin"); (vii) Shermfin which owns all of the outstanding capital stock of Sherman Delaware, Inc. ("SDI"); (viii) SDI which directly owns Common Stock of the Issuer; and (ix) Apotex Foundation which directly owns Common Stock of the Issuer (individually, a "Reporting Person" and, collectively, the "Reporting Persons").* Item 3. Source and Amount of Funds or Other Consideration Not applicable as the transaction involved a sale and not an acquisition of securities. Item 4. Purpose of Transaction Not applicable as the transaction involved a sale and not an acquisition of securities. The Reporting Persons reserve the right to repurchase additional shares of Common Stock or to dispose of shares of the Common Stock in the open market, in privately negotiated transactions or in any other lawful manner in the future. Except as described above, the Reporting Persons presently have no plans or proposals which relate to or would result in any action enumerated in subparagraphs (a) through (j) of the instructions for Item of Schedule 13D. * Neither the present filing nor anything contained herein shall be construed as an admission that any Reporting Person constitutes a "person" for any purpose other than Section 13(d) of the Act. Item 5. Interest in Securities of the Issuer (a) and (b)
Sole Sole Power Power Shared to Dispose Shared Power Amount Percent to Vote Power to or Direct to Dispose Reporting Person Beneficially of or Vote or the or Direct the Owned Class Direct Direct the Disposition Disposition the Vote of of Vote 1. Sherman 9,914,426(1) 43.5% 0 9,914,426 0 9,914,426 2. Sherman Trust 9,914,426(1) 43.5% 0 9,914,426 0 9,914,426 3. SHI 9,914,426(1) 43.5% 0 9,914,426 0 9,914,426 4. Shermco 9,914,426(1) 43.5% 0 9,914,426 0 9,914,426 4. Sherfam 9,914,426(1) 43.5% 0 9,914,426 0 9,914,426 5. Apotex 9,914,426(1) 43.5% 0 9,914,426 0 9,914,426 6. Shermfin 9,914,426(1) 43.5% 0 9,914,426 0 9,914,426 7. SDI 9,914,426(1) 43.5% 0 9,914,426 0 9,914,426 8. Apotex Foundation 0 0 0 0 0 0
(1) By virtue of the relationships described in Item 2(a) above, Dr. Sherman, Sherman Trust, SHI, Shermco, Sherfam, Apotex and Shermfin may be deemed to possess indirect beneficial ownership of the shares of Common Stock beneficially owned by SDI. The filing of this statement by Dr. Sherman, Sherman Trust, SHI, Shermco, Sherfam, Apotex and Shermfin shall not be construed as an admission that any of Dr. Sherman, Sherman Trust, SHI, Shermco, Sherfam, Apotex or Shermfin, is, for the purposes of Section 13(d) or Section 13(g) of the Act, the beneficial owner of any securities covered by this statement. Because of the relationships described in Item 2(a) above, the Reporting Persons may be deemed to constitute a "group" within the meaning of Rule 13d-5 under the Act, and as such, each member of the group would be deemed to beneficially own, in the aggregate, all the shares of Common Stock held by members of the group. The Reporting Persons disclaim membership in a group. (c) The following purchases or sales of Common Stock have been made by the Reporting Persons in the past sixty days:
Where and Date of the Amount of Price per Acquired (A) How Reporting Person Transaction Securities Share or Unit or Transaction Involved Disposed (D) was Effected Apotex Foundation 5-19-99 35,000 $35.0000 D Securities sold on open market through a broker Apotex Foundation 5-19-99 10,800 $34.8750 D Securities sold on open market through a broker Apotex Foundation 5-21-99 2,000 $34.8750 D Securities sold on open market through a broker Apotex Foundation 5-21-99 12,000 $34.7500 D Securities sold on open market through a broker Apotex Foundation 5-24-99 10,000 $35.2500 D Securities sold on open market through a broker Apotex Foundation 5-24-99 25,000 $35.0000 D Securities sold on open market through a broker Apotex Foundation 5-24-99 900 $34.8750 D Securities sold on open market through a broker Apotex Foundation 5-25-99 19,600 $35.7500 D Securities sold on open market through a broker Apotex Foundation 5-25-99 700 $35.6875 D Securities sold on open market through a broker Apotex Foundation 5-25-99 29,700 $35.5000 D Securities sold on open market through a broker Where and Date of the Amount of Price per Acquired (A) How Reporting Person Transaction Securities Share or Unit or Transaction Involved Disposed (D) was Effected Apotex Foundation 5-25-99 6,500 $35.3125 D Securities sold on open market through a broker Apotex Foundation 5-25-99 500 $35.2500 D Securities sold on open market through a broker Apotex Foundation 5-25-99 5,000 $35.1875 D Securities sold on open market through a broker Apotex Foundation 5-25-99 3,000 $35.1250 D Securities sold on open market through a broker Apotex Foundation 5-25-99 10,000 $35.0000 D Securities sold on open market through a broker Apotex Foundation 5-26-99 17,000 $35.1390 D Securities sold on open market through a broker Apotex Foundation 6-08-99 2,500 $34.0000 D Securities sold on open market through a broker Apotex Foundation 6-09-99 25,000 $34.0000 D Securities sold on open market through a broker Apotex Foundation 6-16-99 9,800 $34.2500 D Securities sold on open market through a broker Apotex Foundation 6-29-99 10,000 $39.1663 D Securities sold on open market through a broker Apotex Foundation 6-30-99 40,000 $39.4708 D Securities sold on open market through a broker
(d) No person other than the Reporting Persons, with respect to the Common Stock beneficially owned by each of them, has any right to receive or the power to direct the receipt of dividends from or the proceeds from the sale of Common Stock. (e) As a result of the sale by Apotex Foundation of 275,000 shares of Common Stock in a series of public market transactions from May 19, 1999 through June 30, 1999, which transactions are described in item 5(c) above, Apotex Foundation ceased to be the beneficial owner of more than five percent (5%) of the Common Stock of the Issuer. Item 7. Material to be Filed as Exhibits A copy of the agreement between the Reporting Persons that this Schedule 13D is filed on behalf of each of them is attached hereto as Exhibit A. SIGNATURE After reasonable inquiry and to the best of my knowledge, I certify that the information set forth in this statement is true, complete and correct. DATE: July 1, 1999 /s/ Bernard C. Sherman APOTEX HOLDINGS INC. BERNARD C. SHERMAN By: /s/ Bernard C. Sherman Bernard C. Sherman BERNARD AND HONEY SHERMAN President TRUST SHERMFIN CORP. By: /s/ Bernard C. Sherman Bernard C. Sherman Sole Trustee By: /s/ Bernard C. Sherman Bernard C. Sherman President SHERMAN HOLDINGS INC. SHERMAN DELAWARE, INC. By: /s/ Bernard C. Sherman Bernard C. Sherman President By: /s/ Bernard C. Sherman Bernard C. Sherman President SHERMCO INC. THE APOTEX FOUNDATION, INC. By: /s/ Michael F. Florence Michael F. Florence President By: /s/ Bernard C. Sherman Bernard C. Sherman President SHERFAM INC. By: /s/ Michael F. Florence Michael F. Florence President EXHIBIT INDEX EXHIBIT DESCRIPTION A Agreement Between Reporting Persons EXHIBIT A AGREEMENT BETWEEN REPORTING PERSONS This will confirm the agreement by and between the undersigned that the Schedule 13D filed on or about this date with respect to the beneficial ownership of the undersigned of shares of Common Stock of Barr Laboratories, Inc., a New York corporation, is being filed on behalf of each of the parties named below. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. DATE: July 1, 1999 /s/ Bernard C. Sherman BERNARD C. SHERMAN BERNARD AND HONEY SHERMAN APOTEX HOLDINGS INC. TRUST By: /s/ Bernard C. Sherman By: /s/ Bernard C. Sherman Bernard C. Sherman Bernard C. Sherman Sole Trustee President SHERMAN HOLDINGS INC. SHERMFIN CORP. By: /s/ Bernard C. Sherman By: /s/ Bernard C. Sherman Bernard C. Sherman Bernard C. Sherman President President SHERMCO INC. SHERMAN DELAWARE, INC. By: /s/ Michael F. Florence By: /s/ Bernard C. Sherman Michael F. Florence Bernard C. Sherman President President SHERFAM INC. THE APOTEX FOUNDATION, INC. By: /s/ Michael F. Florence By: /s/ Bernard C. Sherman Michael F. Florence Bernard C. Sherman President President -----END PRIVACY-ENHANCED MESSAGE-----