SC 13G 1 v430775_sc13g.htm SC 13G

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

SCHEDULE 13G*

(Rule 13d-102)

 

INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT

TO § 240.13d-1(b), (c), AND (d) AND AMENDMENTS THERETO FILED

PURSUANT TO § 240.13d-2

(Amendment No. )*

 

 

AUTOBYTEL INC.
(Name of Issuer)
 
COMMON STOCK
(Title of Class of Securities)
 
05275N205
(CUSIP Number)
 
DECEMBER 31, 2015
(Date of Event Which Requires Filing of the 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).

 

 
 
 

 

 

1.

 

NAME OF REPORTING PERSONS

EAM Investors, LLC

Federal TAX ID: 26-0638588

 

 

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 Limited Liability Company

 

NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON
WITH

 

5.

 

SOLE VOTING POWER

0

 

 

6.

 

SHARED VOTING POWER

576,369 ** see Note 1**

 

 

7.

 

SOLE DISPOSITIVE POWER

0

 

 

8.

 

 

SHARED DISPOSITIVE POWER

576,369 ** See Note 1**

 

 

 

9.

 

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON

576,369 **See Note 1**

 

 

10.

 

CHECK IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES

(SEE INSTRUCTIONS)

N/A

o

 

11.

 

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)

5.49%

 

 

12.

 

 

TYPE OF REPORTING PERSON (SEE INSTRUCTIONS)

IA

 

       

 

 
 
 

 

Item 1(a). Name of Issuer:  
Autobytel Inc.
   
Item 1(b). Address of Issuer’s Principal Executive Offices:
 

18872 MacArthur Blvd, Suite 200

Irvine, CA 92612

   
Item 2(a). Name of Person Filing:
EAM Investors, LLC
   
Item 2(b).

Address of Principal Business Office or, if none, Residence:
2533 S. Coast Hwy 101, Ste. 240

Cardiff by the Sea, CA 92007

   
Item 2(c).

Citizenship:

California Limited Liability Company

   
Item 2(d). Title of Class of Securities:
  Common Stock
Item 2(e).

CUSIP Number:

05275N106

   
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) o 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 (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: ____________.

 

 
 
 

 

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:

 

576,369 **SEE NOTE 1**

 

  (b)

Percent of class:

 

5.49%

 

  (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:

 

576,369 **SEE NOTE 1**

 

    (iii)

Sole power to dispose or to direct the disposition of:

 

0

 

    (iv)

Shared power to dispose or to direct the disposition of:

 

576,369 **SEE NOTE 1**\

 

 

 

** NOTE 1** EAM Investors, LLC, an investment adviser registered under Section 203 of the Investment Advisors Act of 1940, furnishes investment advice to seven investment companies registered under the Investment Company Act of 1940, and serves as investment manager to certain other commingled group trusts and separate accounts (such investment companies, trusts and accounts, collectively referred to as the “Funds”). In its role as investment advisor, and/or sub-adviser, EAM Investors LLC possess voting and/or investment power over the securities of the Issuer that are owned by the Funds, and may be deemed to be the beneficial owner of the shares of the Issuer held by the Funds. However, all securities reported in this schedule are owned by the Funds. EAM Investors, LLC disclaims beneficial ownership of such securities. In addition, the filing of this Schedule 13G shall not be construed as an admission that the reporting person is the beneficial owner of any securities covered by this Schedule 13G for any other purposes than Section 13(d) of the Securities Exchange Act of 1934.

 

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 5 percent of the class of securities, check the following. o
Item 6.

Ownership of More Than Five Percent on Behalf of Another Person:

The Funds described in Note 1 above have the right to receive or the power to direct the receipt of dividends from, or the proceeds from the sale of the securities held in their respective accounts. To the knowledge of EAM Investors, LLC, the interest of any one such Fund does not exceed 5% of the class of securities. EAM Investors, LLC disclaims beneficial ownership of all such securities.

   
Item 7. Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on By the Parent Holding Company:
  N/A
Item 8. Identification and Classification of Members of the Group:
  N/A
Item 9. Notice of Dissolution of Group:
  N/A
Item 10. Certifications:
  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.

 

 

  Date:  February 9, 2016
     
  By:  /s/ EAM Investors, LLC
     
  Name:  Derek Gaertner
     
  Title:  Chief Operating Officer
     

 

The original statement shall be signed by each person on whose behalf the statement is filed or his authorized representative. If the statement is signed on behalf of a person by his authorized representative other than an executive officer or general partner of the filing person, evidence of the representative’s authority to sign on behalf of such person shall be filed with the statement, Provided, however, that a power of attorney for this purpose which is already on file with the Commission may be incorporated by reference. The name and any title of each person who signs the statement shall be typed or printed beneath his signature.

 

Attention: Intentional misstatements or omissions of fact constitute Federal criminal violations

(see 18 U.S.C. 1001).