-----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, HIeMic+88LnHwAqSuh3qTv8PQ3vuvtdtA7Vb50E33EZ3lHlrJQvT+Ky3UL+V+YLu n5UU/ydFrp9V2MEmxSl9Xw== 0001179110-03-008486.txt : 20031006 0001179110-03-008486.hdr.sgml : 20031006 20031006181531 ACCESSION NUMBER: 0001179110-03-008486 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20031002 FILED AS OF DATE: 20031006 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: ABOVENET INC CENTRAL INDEX KEY: 0001043533 STANDARD INDUSTRIAL CLASSIFICATION: COMMUNICATION SERVICES, NEC [4899] IRS NUMBER: 113168327 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 360 HAMILTON AVE STREET 2: 1 NORTH LEXINGTON AVE CITY: WHITE PLAINS STATE: NY ZIP: 10601 BUSINESS PHONE: 9144216700 MAIL ADDRESS: STREET 1: 360 HAMILTON AVE STREET 2: 1 NORTH LEXINGTON AVE CITY: WHITE PLAINS STATE: NY ZIP: 10601 FORMER COMPANY: FORMER CONFORMED NAME: METROMEDIA FIBER NETWORK INC DATE OF NAME CHANGE: 19970925 FORMER COMPANY: FORMER CONFORMED NAME: NATIONAL FIBER NETWORK INC DATE OF NAME CHANGE: 19970806 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: MCCAW CRAIG CENTRAL INDEX KEY: 0001014805 STANDARD INDUSTRIAL CLASSIFICATION: RADIO TELEPHONE COMMUNICATIONS [4812] STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-23269 FILM NUMBER: 03930344 BUSINESS ADDRESS: STREET 1: 2300 CARILLON POINT CITY: KIRKLAND STATE: WA ZIP: 98033 BUSINESS PHONE: 4258288499 MAIL ADDRESS: STREET 1: EAGLE RIVER INC STREET 2: 2300 CARILLON POINT CITY: KIRKLAND STATE: WA ZIP: 98033 4 1 edgar.xml FORM 4 - X0201 4 2003-10-02 0 0001043533 ABOVENET INC MFNXQ.PK 0001014805 MCCAW CRAIG 2300 CARILLON POINT KIRKLAND WA 98033 0 0 1 0 Common Stock 2003-10-02 4 P 0 27697 30.07 A 1110778 I Fiber, LLC Rights to Common Stock 2003-10-09 Common Stock 1 I Fiber, LLC Pursuant to its Second Amended Plan of Reorganization (the Plan), all previously existing equity securities of the Issuer were cancelled on 09/08/2003. The Plan requires that shares of Common Stock be issued to holders of Allowed Claims; however, the allocation of those shares among the holders of Allowed Claims cannot be finally determined until the amount of Allowed Claims have been determined. Pending this determination, the Issuer will make interim distributions of a portion of the securities to be distributed under the Plan. The number of shares indicated reflects the Reporting Persons' estimate of the securities to be received by Fiber, LLC in respect of its Allowed Claims. Pending a final determination of the shares of Common Stock to be issued to the holders of Allowed Claims under the Plan, the remaining securities to be distributed under the Plan are being held by the Issuer. The Securities are held by Fiber, LLC. The Reporting Person is a member of COM Holdings, LLC which in turn is a member of Fiber LLC, and the Reporting Person is the sold director, Chairman, Chief Executive Officer, President and Shareholder of Eagle River, Inc. The Reporting Person, COM Holdings LLC, and Eagle River Inc. may be deemed to beneficially own securities held by Fiber LLC. The Reporting Person, COM Holdings LLC, and Eagle River Inc disclaim beneficial ownership of such securities except to the extent of their pecuniary interest therein. Pursuant to the Plan and the Order dated August 21, 2003 confirming the Plan, the Issuer is conducting an offering of Rights (the Rights) exercisable for up to 1,669,210 shares of its Common Stock (the Rights Shares) to certain holders of Allowed Claims. In accordance with the Plan and the Order, Fiber LLC is entitled to Rights to purchase up to 417,303 Rights Shares. In the event that certain Rights are unexercised by certain other holders of Allowed Claims, Fiber LLC may be required to exercise Rights to purchase up to 834,605 Rights Shares. The Reporting Person, Craig O. McCaw, is the designated filer on his own behalf and on behalf of Fiber LLC, COM Holdings LLC, and Eagle River, Inc. Pursuant to the Plan, the Issuer changed its name from Metromedia Fiber Network, Inc. The ticker symbol of MFN was MFNXQ.PK. AboveNet, Inc. does not currently have a ticker symbol. Craig O. McCaw 2003-10-06 -----END PRIVACY-ENHANCED MESSAGE-----