-----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, JBIkisxeCb/dVMFXADdmkNQ6H/m5eD/06HkdYVv7uvxbOcPmADfbHyZqUfYXKa0p Nk0FaBVtyADpYZ97s8D82w== 0000947871-09-000766.txt : 20091207 0000947871-09-000766.hdr.sgml : 20091207 20091207155233 ACCESSION NUMBER: 0000947871-09-000766 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20091203 FILED AS OF DATE: 20091207 DATE AS OF CHANGE: 20091207 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Usdan Adam CENTRAL INDEX KEY: 0001459107 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-15697 FILM NUMBER: 091226124 MAIL ADDRESS: STREET 1: C/O TRELLUS MANAGEMENT COMPANY, LLC STREET 2: 350 MADISON AVENUE, 9TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: ELITE PHARMACEUTICALS INC /DE/ CENTRAL INDEX KEY: 0001053369 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 223542636 STATE OF INCORPORATION: DE FISCAL YEAR END: 0331 BUSINESS ADDRESS: STREET 1: 165 LUDLOW AVENUE CITY: NORTHVALE STATE: NJ ZIP: 07647 BUSINESS PHONE: 2017502646 MAIL ADDRESS: STREET 1: 165 LUDLOW AVENUE CITY: NORTHVALE STATE: NJ ZIP: 07647 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: TRELLUS PARTNERS LP CENTRAL INDEX KEY: 0001133880 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-15697 FILM NUMBER: 091226126 BUSINESS ADDRESS: STREET 1: 152 WEST 57TH ST STREET 2: 57TH FL CITY: NEW YORK STATE: NY ZIP: 10019 BUSINESS PHONE: 2122453300 MAIL ADDRESS: STREET 1: CHRISTINE STAMAS REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Trellus Management Company, LLC CENTRAL INDEX KEY: 0001307877 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-15697 FILM NUMBER: 091226127 BUSINESS ADDRESS: STREET 1: 350 MADISON AVENUE - 9TH FL CITY: NEW YORK STATE: NY ZIP: 10017 BUSINESS PHONE: 212-389-8799 MAIL ADDRESS: STREET 1: 350 MADISON AVENUE - 9TH FL CITY: NEW YORK STATE: NY ZIP: 10017 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Trellus Offshore Fund Ltd CENTRAL INDEX KEY: 0001458673 STATE OF INCORPORATION: E9 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-15697 FILM NUMBER: 091226125 BUSINESS ADDRESS: STREET 1: C/O SEI GLOBAL SERVICES INC. STREET 2: 1 FREEDOM VALLEY DRIVE CITY: OAKS STATE: PA ZIP: 19456 BUSINESS PHONE: 610-676-8725 MAIL ADDRESS: STREET 1: C/O SEI GLOBAL SERVICES INC. STREET 2: 1 FREEDOM VALLEY DRIVE CITY: OAKS STATE: PA ZIP: 19456 4 1 ss79405_4ex.xml X0303 4 2009-12-03 0 0001053369 ELITE PHARMACEUTICALS INC /DE/ ELTP 0001307877 Trellus Management Company, LLC 350 MADISON AVENUE, 9TH FLOOR NEW YORK NY 10017 0 0 1 0 0001133880 TRELLUS PARTNERS LP 350 MADISON AVENUE, 9TH FLOOR NEW YORK NY 10017 0 0 1 0 0001458673 Trellus Offshore Fund Ltd 350 MADISON AVENUE, 9TH FLOOR NEW YORK NY 10017 0 0 1 0 0001459107 Usdan Adam C/O TRELLUS MANAGEMENT COMPANY, LLC 350 MADISON AVENUE, 9TH FLOOR NEW YORK NY 10017 0 0 1 0 Common Stock 2009-12-03 4 S 0 45000 0.125 D 24731777 I See footnote Common Stock 2009-12-04 4 S 0 45000 0.11 D 24686777 I See footnote On December 3, 2009, Trellus Partners, L.P., a Delaware limited partnership ("TPLP") sold 30,000 shares of Common Stock short against the box and Trellus Offshore Fund Limited, a Cayman Islands limited liability company ("TOF") sold 15,000 shares of Common Stock short against the box. On December 3, 2009, following the reported transaction, TPLP owned 13,327,179 shares of Common Stock and held warrants to acquire 3,291,426 shares of Common Stock and TOF owned 6,534,432 shares of Common Stock and held warrants to acquire 1,377,758 shares of Common Stock. Trellus Management Company, LLC ("Trellus") and Mr. Usdan each beneficially owned the Common Stock and warrants owned by TPLP and TOF and in addition held indirect beneficial ownership of an additional 167,103 shares of Common Stock and additional warrants to acquire 33,879 shares of Common Stock. Trellus is the investment adviser to TPLP and TOF. Adam Usdan is the controlling principal and chief investment officer of Trellus. By reason of their investment discretion, Trellus and Mr. Usdan are reported herein as indirect beneficial owners of the securities held, acquired, and sold short against the box by TPLP and TOF (as described in footnotes (5) and (6)). Each Reporting Person disclaims beneficial ownership of the reported securities except to the extent of its pecuniary interest therein. On December 4, 2009, TPLP sold 30,000 shares of Common Stock short against the box and TOF sold 15,000 shares of Common Stock short against the box. On December 4, 2009, following the reported transaction, TPLP owned 13,297,179 shares of Common Stock and held warrants to acquire 3,291,426 shares of Common Stock and TOF owned 6,519,432 shares of Common Stock and held warrants to acquire 1,377,758 shares of Common Stock. Trellus and Mr. Usdan each beneficially owned the Common Stock and warrants owned by TPLP and TOF and in addition held indirect beneficial ownership of an additional 167,103 shares of Common Stock and additional warrants to acquire 33,879 shares of Common Stock. /s/ Anthony G. Miller, Chief Financial Officer of Trellus Management Company, LLC 2009-12-07 /s/ Anthony G. Miller, Chief Financial Officer of Trellus Partners, L.P. 2009-12-07 /s/ Adam Usdan, Director of Trellus Offshore Fund Limited 2009-12-07 /s/ Adam Usdan 2009-12-07 -----END PRIVACY-ENHANCED MESSAGE-----