| FORM 4 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934 or Section 30(h) of the Investment Company Act of 1940 |
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| Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b). | |||||||||||||||||
1. Name and Address of Reporting Person*
(Street)
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2. Issuer Name and Ticker or Trading Symbol
MIDAS INC [ MDS ] |
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
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3. Date of Earliest Transaction
(Month/Day/Year) 10/04/2004 | ||||||||||||||||||||||||||
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4. If Amendment, Date of Original Filed
(Month/Day/Year) |
6. Individual or Joint/Group Filing (Check Applicable Line)
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| Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned | ||||||||||
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| 1. Title of Security (Instr. 3) | 2. Transaction Date (Month/Day/Year) | 2A. Deemed Execution Date, if any (Month/Day/Year) | 3. Transaction Code (Instr. 8) | 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) | 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) | 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 7. Nature of Indirect Beneficial Ownership (Instr. 4) | |||
| Code | V | Amount | (A) or (D) | Price | ||||||
| Common Stock, $.001 par value | 10/04/2004 | P | 10,000 | A | $16.1513 | 496,320 | I(1) | By MLF Offshore Portfolio Company, L.P.(1) | ||
| Common Stock, $.001 par value | 10/05/2004 | P | 9,000 | A | $16.5216 | 505,320 | I(1) | By MLF Offshore Portfolio Company, L.P.(1) | ||
| Common Stock, $.001 par value | 1,593,380 | I | By MLF Partners, L.P. | |||||||
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Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities) | |||||||||||||||
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| 1. Title of Derivative Security (Instr. 3) | 2. Conversion or Exercise Price of Derivative Security | 3. Transaction Date (Month/Day/Year) | 3A. Deemed Execution Date, if any (Month/Day/Year) | 4. Transaction Code (Instr. 8) | 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) | 6. Date Exercisable and Expiration Date (Month/Day/Year) | 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) | 8. Price of Derivative Security (Instr. 5) | 9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) | 10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 11. Nature of Indirect Beneficial Ownership (Instr. 4) | ||||
| Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||||||
1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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| Explanation of Responses: |
| 1. This Form 4 is filed jointly by MLF Investments, LLC ("MLFI"), Matthew L. Feshbach, MLF Partners, L.P. ("MLFP"), MLF Offshore Portfolio Company, L.P. (MLFO), MLF Cayman CP, Ltd. (MLFC), MLF Capital Management, L.P., (MLFM) and MLF Holding LLC (MLF Holdings). MLFI, MLF Capital, MLF Holdings and Mr. Feshbach are deemed to be 10% owners of the Issuer. These securities are owned directly by MLFO, and owned indirectly by (i) MLFC by virtue of it being the general partner of MLFO, (ii) MLF Holdings by virtue of its being the general partner of MLF Capital, (iii) MLFI by virtue of its being the general invetment advisor/manager of MLFO, (iv) by MLFM by being the sole shareholder of MLFC, and (v) Mr. Feshbach by virtue of his position as managing member of MLFI. Each of MLFM, MLFC, MLFI, MLF Holdings and Mr. Feshbach disclaims beneficial ownership of the shares owned by MLFO except to the extent of their respective pecuniary interest therein. |
| Remarks: |
| By: MLF Investments, LLC, By: /s/ Matthew L. Feshbach, Managing Member | 10/06/2004 | |
| /s/ Feshbach, Matthew L. | 10/06/2004 | |
| By: MLF Partners, L.P., By: MLF Investments, LLC, its general partner, By: /s/ Matthew L. Feshbach, Managing Member | 10/06/2004 | |
| By: By: MLF Cayman GP, Ltd., its general partner, By: MLF Capital Management, L.P., its sole shareholder, By: /s/ Matthew Feshbach, its President | 10/06/2004 | |
| By: By: MLF Capital Management, L.P., its sole shareholder, By: /s/ Matthew Feshbach, its President | 10/06/2004 | |
| By: /s/Matthew Feshbach, its President | 10/06/2004 | |
| By: MLF Holdings LLC, /s/ Matthew L. Feshbach, its managing member | 10/06/2004 | |
| ** Signature of Reporting Person | Date | |
| Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | ||
| * If the form is filed by more than one reporting person, see Instruction 4 (b)(v). | ||
| ** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). | ||
| Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. | ||
| Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. | ||