-----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, Fz4xfv2v3U1gVBbnYBNfLrup1ymMG3dYfCbuMFW601wkSzAq548DtQ/TNffSQROQ bnp21QTLoLFI02y/sIRL1w== 0000943663-05-000329.txt : 20050611 0000943663-05-000329.hdr.sgml : 20050611 20050526155156 ACCESSION NUMBER: 0000943663-05-000329 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20050524 FILED AS OF DATE: 20050526 DATE AS OF CHANGE: 20050526 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: ATHEROGENICS INC CENTRAL INDEX KEY: 0001107601 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 582108232 STATE OF INCORPORATION: GA FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 8995 WESTSIDE PARKWAY CITY: ALPHARETTA STATE: GA ZIP: 30004 BUSINESS PHONE: 6783362500 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: BARAKETT TIMOTHY R CENTRAL INDEX KEY: 0001039546 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-31261 FILM NUMBER: 05860147 BUSINESS ADDRESS: BUSINESS PHONE: 212-829-8106 MAIL ADDRESS: STREET 1: 152 WEST 57TH STREET STREET 2: 45TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10019 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: ATTICUS CAPITAL LLC CENTRAL INDEX KEY: 0001054828 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-31261 FILM NUMBER: 05860148 BUSINESS ADDRESS: STREET 1: 152 WEST 57TH STREET STREET 2: 45TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10019 BUSINESS PHONE: 2128298106 MAIL ADDRESS: STREET 1: 152 WEST 57TH STREET STREET 2: 45TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10019 FORMER NAME: FORMER CONFORMED NAME: ATTICUS CAPITAL INC DATE OF NAME CHANGE: 19980518 4 1 primary_doc.xml PRIMARY DOCUMENT X0202 4 2005-05-24 0 0001107601 ATHEROGENICS INC AGIX 0001054828 ATTICUS CAPITAL LLC 152 WEST 57TH STREET 45TH FLOOR NEW YORK NY 10019 0 0 1 0 0001039546 BARAKETT TIMOTHY R 152 WEST 57TH STREET 45TH FLOOR NEW YORK NY 10019 0 0 1 0 Common Stock 2005-05-24 4 P 0 50000 14.93 A 3565700 I See Note Common Stock 2005-05-25 4 P 0 50000 14.66 A 3615700 I See Note Mr. Barakett, who is an additional Reporting Person, is the Chairman, Chief Executive Officer, and Managing Member of Atticus Capital, L.L.C., a Delaware limited liability company ("Atticus Capital"). Atticus Capital and certain of its affiliated entities (collectively, the "Atticus Entities") act as advisers for various investment funds (the "Funds") and managed accounts (the "Accounts"). Based on his relationship with the Atticus Entities, Mr. Barakett is deemed to be a beneficial owner of the Securities owned by the Funds and the Accounts for purposes of Rule 16a-1(a)(1) under the Securities Exchange Act of 1934. Mr. Barakett and Atticus Capital disclaim beneficial ownership within the meaning of Rule 16a-1(a)(2) under the Securities Exchange Act of 1934 in the Securities owned by the Funds and the Accounts except to the extent, if any, of their pecuniary interest therein. Atticus Capital, L.L.C., by Timothy R. Barakett, Managing Member, by Nandita Hogan, attorney-in-fact 2005-05-26 Timothy R. Barakett, by Nandita Hogan, attorney-in-fact 2005-05-26 EX-99 2 poa.htm POWER OF ATTORNEY
POWER OF ATTORNEY

KNOW ALL PERSONS BY THESE PRESENTS, that I, TIMOTHY R. BARAKETT, hereby make, constitute and appoint each of JOHN F. BROWN and NANDITA HOGAN, acting individually, as my agent and attorney-in-fact for the purpose of executing in my name, (a) in my personal capacity or (b) in my capacity as chief executive officer of, member of or in other capacities with Atticus Capital, L.L.C. ("Atticus") and each of its affiliates or entities advised by me or Atticus, all documents, certificates, instruments, statements, filings and agreements ("documents") to be filed with or delivered to any foreign or domestic governmental or regulatory body or required or requested by any other person or entity pursuant to any legal or regulatory requirement relating to the acquisition, ownership, management or disposition of securities, futures contracts or other investments, and any other documents relating or ancillary thereto, including without limitation all documents relating to filings with the Commodities Futures Trading Commission and National Futures Association, the United States Securities and Exchange Commission (the "SEC") pursuant to the Securities Act of 1933 or the Securities Exchange Act of 1934 (the "Act") and the rules and regulations promulgated thereunder, including all documents relating to the beneficial ownership of securities required to be filed with the SEC pursuant to Section 13(d) or Section 16(a) of the Act and any information statements on Form 13F required to be filed with the SEC pursuant to Section 13(f) of the Act. All past acts of the attorneys-in-fact in furtherance of the foregoing are hereby ratified and confirmed.

THIS POWER OF ATTORNEY shall remain in full force and effect until either revoked in writing by the undersigned or until such time as the person or persons to whom power of attorney has been hereby granted cease(s) to be an employee of Atticus Capital, L.L.C. or one of its affiliates.

IN WITNESS WHEREOF, the undersigned has duly subscribed these presents as of April 26, 2005.


		/s/ Timothy R. Barakett
		Timothy R. Barakett

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