-----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, ROrCjsBF70T3YX/bku9Z6JpnSmuJyQtRQ2qfExK0zJubu57CJSk8FKGfQPnR1gYK NNLNpNgR6AwlkRk/WYF0Kg== 0001209191-04-015626.txt : 20040312 0001209191-04-015626.hdr.sgml : 20040312 20040312172641 ACCESSION NUMBER: 0001209191-04-015626 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040302 FILED AS OF DATE: 20040312 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: CAPITAL ENVIRONMENTAL RESOURCE INC CENTRAL INDEX KEY: 0001065736 STANDARD INDUSTRIAL CLASSIFICATION: REFUSE SYSTEMS [4953] IRS NUMBER: 000000000 STATE OF INCORPORATION: A6 FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 1005 SKYVIEW DR STREET 2: BURLINGTON CITY: ONTARIO CANADA STATE: A6 ZIP: L7P 5B1 BUSINESS PHONE: 9053191237 MAIL ADDRESS: STREET 1: 1005 SKYVIEW DRIVE STREET 2: BURLINGTON CITY: ONTARIO CANADA STATE: A6 ZIP: L7P 5B1 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: SANDERS DON A CENTRAL INDEX KEY: 0000904778 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 000-25955 FILM NUMBER: 04667083 BUSINESS ADDRESS: STREET 1: 3100 TEXAS COMMERCE TOWER CITY: HOUSTON STATE: TX ZIP: 77002 BUSINESS PHONE: 7132243100 MAIL ADDRESS: STREET 1: 3100 TEXAS COMMERCE TOWER CITY: HOUSTON STATE: TX ZIP: 77002 3 1 doc3.xml FORM 3 SUBMISSION X0201 3 2004-03-02 0 0001065736 CAPITAL ENVIRONMENTAL RESOURCE INC CERI 0000904778 SANDERS DON A 1005 SKYVIEW DRIVE SUITE 221 BURLINGTON A6 L7P 5B1 1 0 0 0 Common Stock 1139142.0000 D Common Stock 23483.2600 I By Sanders Opportunity Fund (Institutional) L.P. Common Stock 88.7400 I By Sanders Opportunity fund, L.P. Common Stock 2033.3100 I By Sanders II Investments Ltd. Common Stock 2186.8800 I By Lakefront Partners Ltd. Stock Options (right to acquire) 2.5800 2002-09-24 2006-09-24 Common Stock 40000.0000 D Stock Options (right to acquire) 3.9100 2004-07-15 2008-07-15 Common Stock 70000.0000 D Warrants (right to acquire) 3.0000 2003-12-16 2008-03-31 Common Stock 2242.3500 I By Sanders Opportunity Fund (Institutional) L.P. Warrants (right to acquire) 3.0000 2003-12-16 2008-07-08 Common Stock 9.5800 I By Sanders Opportunity Fund, L.P. Warrants (right to acquire) 3.0000 2003-12-16 2008-07-08 Common Stock 408.0000 I By Lakefront Partners Ltd. The general partner of Sanders Opportunity Fund (Institutional) L.P. is SOF Management Co., LLC. The members of SOF Management Co., LLC are Sanders Morris Harris Inc., a subsidiary of Sanders Harris Morris Group Inc., and Don A. Sanders. The member of SOF Management Co., LLC that has power to direct the voting and disposition of securities held by such entity is Sanders Morris Harris. Inc., a subsidiary of Sanders Harris Morris Group Inc. Mr. Sanders disclaims beneficial ownership of these shares. The general partner of Sanders Opportunity Fund, L.P. is SOF Management Co., LLC. The members of SOF Management Co., LLC are Sanders Morris Harris Inc., a subsidiary of Sanders Harris Morris Group Inc., and Don A. Sanders. The member of SOF Management Co., LLC that has power to direct the voting and disposition of securities held by such entity is Sanders Morris Harris. Inc., a subsidiary of Sanders Harris Morris Group Inc. Mr. Sanders disclaims beneficial ownership of these shares. Mr. Sanders or Sanders II Investment Management LLC, an affiliate of Don A. Sanders, is the investment advisor for Sanders II Investments Ltd. and has the power to direct investments by Sanders II Investments Ltd. Mr. Sanders disclaims beneficial ownership of these shares. Mr. Sanders has power to direct the voting and disposition of securities held by Lakefront Partners Ltd. Mr. Sanders disclaims beneficial ownership of these shares. Issued and exercisable at $5.40 Canadian Ivan R. Cairns, Attorney in Fact 2004-03-12 EX-24.3_35002 3 poa.txt POA DOCUMENT POWER OF ATTORNEY Know all by these presents, that the undersigned hereby constitutes and appoints each of Ivan R. Cairns, Ronald L. Rubin and E. Joy Grahek, signing singly, the undersigned true and lawful attorney-in-fact to: (1) execute for an on behalf of the undersigned, in the undersigneds capacity as an officer and/or director of Capital Environmental Resource Inc., (the "Company"), Forms 3, 4 and 5 in accordance with Section 16(a) of the Securities Exchange Act of 1934 and the rules thereunder; (2) do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Forms 3, 4 or 5, complete and execute any amendment or amendments thereto, and timely file such form with the United States Securities and Exchange Commission and any stock exchange or similar authority; and (3) take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in such attorney-in-facts discretion. The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-facts substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorneys-in-fact, in serving in such capacity at the request of the undersigned, are not assuming, nor is the Company assuming, any of the undersigneds responsibilities to comply with Section 16 of the Securities Exchange Act of 1934. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4 and 5 with respect to the undersigneds holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 8th day of March, 2004. Don A. Sanders -----END PRIVACY-ENHANCED MESSAGE-----