-----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, UcZGEuIVzebI9VmXAxHxsbrz9UI6quVnbhMDNfSJh8rUOt7ivb0iLJiAEQw2uY6o OQzytl3h/4zTxy7nkOYcDA== 0000935069-08-002764.txt : 20081125 0000935069-08-002764.hdr.sgml : 20081125 20081125160911 ACCESSION NUMBER: 0000935069-08-002764 CONFORMED SUBMISSION TYPE: N-Q PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20080930 FILED AS OF DATE: 20081125 DATE AS OF CHANGE: 20081125 EFFECTIVENESS DATE: 20081125 FILER: COMPANY DATA: COMPANY CONFORMED NAME: UBS EQUITY OPPORTUNITY FUND LLC CENTRAL INDEX KEY: 0001131682 IRS NUMBER: 134151331 STATE OF INCORPORATION: NY FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: N-Q SEC ACT: 1940 Act SEC FILE NUMBER: 811-10269 FILM NUMBER: 081213951 BUSINESS ADDRESS: STREET 1: 1285 AVENUE OF THE AMERICAS CITY: NEW YORK STATE: NY ZIP: 10019 BUSINESS PHONE: 2127132000 MAIL ADDRESS: STREET 1: 1285 AVENUE OF THE AMERICAS STREET 2: 1285 AVENUE OF THE AMERICAS CITY: NEW YORK STATE: NY ZIP: 10019 FORMER COMPANY: FORMER CONFORMED NAME: PW EQUITY OPPORTUNITY FUND LLC DATE OF NAME CHANGE: 20010108 N-Q 1 g49867equityopp_nq.txt UBS EQUITY OPP NQ UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM N-Q QUARTERLY SCHEDULE OF PORTFOLIO HOLDINGS OF REGISTERED MANAGEMENT INVESTMENT COMPANY Investment Company Act file number 811-10269 --------- UBS Equity Opportunity Fund, L.L.C. ---------------------------------------------------------------------- (Exact name of registrant as specified in charter) 51 W 52nd Street, 23rd Floor New York, NY 10019 ---------------------------------------------------------------------- (Address of principal executive offices) (Zip code) Steven S. Drachman c/o UBS Financial Services Inc. 51 W 52nd Street, 23rd Floor New York, NY 10019 ---------------------------------------------------------------------- (Name and address of agent for service) Registrant's telephone number, including area code: 212-882-5819 ------------ Date of fiscal year end: December 31 ----------- Date of reporting period: September 30, 2008 ------------------ Form N-Q is to be used by management investment companies, other than small business investment companies registered on Form N-5 (ss.ss. 239.24 and 274.5 of this chapter), to file reports with the Commission, not later than 60 days after the close of the first and third fiscal quarters, pursuant to rule 30b1-5 under the Investment Company Act of 1940 (17 CFR 270.30b1-5). The Commission may use the information provided on Form N-Q in its regulatory, disclosure review, inspection, and policymaking roles. A registrant is required to disclose the information specified by Form N-Q, and the Commission will make this information public. A registrant is not required to respond to the collection of information contained in Form N-Q unless the Form displays a currently valid Office of Management and Budget ("OMB") control number. Please direct comments concerning the accuracy of the information collection burden estimate and any suggestions for reducing the burden to the Secretary, Securities and Exchange Commission, 100 F Street, NE, Washington, DC 20549. The OMB has reviewed this collection of information under the clearance requirements of 44 U.S.C. ss. 3507. ITEM 1. SCHEDULE OF INVESTMENTS. The Schedule(s) of Investments is attached herewith.
UBS EQUITY OPPORTUNITY FUND, L.L.C. SCHEDULE OF PORTFOLIO INVESTMENTS (UNAUDITED) - --------------------------------------------------------------------------------------------------------------------- SEPTEMBER 30, 2008 - --------------------------------------------------------------------------------------------------------------------- REALIZED AND UNREALIZED INITIAL % OF MEMBERS' GAIN/(LOSS) ACQUISITION INVESTMENT FUND COST FAIR VALUE CAPITAL FROM INVESTMENTS DATE - -------------------------------- --------------- --------------- -------------- ----------------- ------------- Alydar Fund, L.P. $ 6,000,000 $ 5,856,000 4.17% $ (144,000) 9/1/2008 Alysheba Fund, L.P. 2,000,000 1,734,000 1.24 (266,000) 9/1/2008 Artis Aggressive Growth (Institutional), L.P. 1,500,000 1,419,900 1.01 (80,100) 9/1/2008 Bonanza Partners, L.P. 2,077,037 3,918,177 2.79 (4,386,667) 4/1/2004 Corsair Capital Partners, L.P. 5,000,000 7,419,260 5.28 (222,998) 1/1/2005 D. Jabro Partners, L.P. 10,000,000 12,930,631 9.20 134,179 1/1/2006 Eminence Partners, L.P. -- 16,300,026 11.60 (3,015,306) 3/1/2001 Marea Partners, L.P. 5,000,000 3,545,726 2.52 (1,402,478) 10/1/2007 MSG Partners, L.P. 11,000,000 11,168,914 7.95 168,914 1/1/2008 North Run Qualified Partners, L.P. 10,000,000 7,983,480 5.68 (2,016,520) 1/1/2008 Pennant Onshore Qualified, L.P. 522,000 4,336,951 3.09 (74,384) 1/1/2003 Pennant Winward Fund, L.P. 2,860,000 10,315,815 7.34 352,525 10/1/2004 Pershing Square, L.P. 2,000,000 10,521,428 7.49 196,000 1/1/2005 Seneca Capital, L.P. 2,465,628 7,294,150 5.19 (2,277,360) 7/1/2004 Seneca Capital, L.P. (side pocket #1) 973,741 470,536 0.34 (503,205) 7/1/2004 Seneca Capital, L.P. (side pocket #2) 1,060,631 882,082 0.63 (178,549) 7/1/2004 Wesley Capital QP, L.P. 6,750,000 8,543,131 6.08 (2,556,446) 8/1/2005 Yaupon Partners, L.P. 2,500,000 5,848,515 4.16 (1,393,230) 4/1/2004 ----------- ------------ ----- ------------ LONG/SHORT EQUITY SUBTOTAL $71,709,037 $120,488,722 85.76% $(17,665,625) Redeemed Investment Funds -- -- -- (6,680,876) ----------- ------------ ----- ------------ TOTAL $71,709,037 $120,488,722 85.76% $(24,346,501) =========== ============ ===== ============
DOLLAR AMOUNT OF FIRST FAIR VALUE FOR FIRST AVAILABLE AVAILABLE INVESTMENT FUND LIQUIDITY* REDEMPTION** REDEMPTION - -------------------------------- ------------ -------------- ---------------------- Alydar Fund, L.P. Quarterly 12/31/2008 5,856,000 Alysheba Fund, L.P. Quarterly 12/31/2008 1,734,000 Artis Aggressive Growth (Institutional), L.P. Quarterly 8/31/2010 1,419,900 Bonanza Partners, L.P. Quarterly Corsair Capital Partners, L.P. Annually D. Jabro Partners, L.P. Annually Eminence Partners, L.P. Semi-Annually Marea Partners, L.P. Semi-Annually 12/31/2008 3,545,726 MSG Partners, L.P. Annually 12/31/2009 11,168,914 North Run Qualified Partners, L.P. Semi-Annually 6/30/2010 7,983,480 Pennant Onshore Qualified, L.P. Quarterly Pennant Winward Fund, L.P. Quarterly Pershing Square, L.P. Annually Seneca Capital, L.P. Annually Seneca Capital, L.P. (side pocket #1) N/A Seneca Capital, L.P. (side pocket #2) N/A Wesley Capital QP, L.P. Quarterly Yaupon Partners, L.P. Annually
* Available frequency of redemptions after initial lock up period. ** Investment Funds with no date provided can be redeemed in full. The following is a summary of the inputs used, as of September 30, 2008, in valuing the Fund's assets at fair value:
INVESTMENTS IN OTHER FINANCIAL VALUATION INPUTS SECURITIES INSTRUMENTS * - ------------------------------------------------------------------------------------------------------ LEVEL 1 - QUOTED PRICES $ -- $ -- - ------------------------------------------------------------------------------------------------------ LEVEL 2 - OTHER SIGNIFICANT OBSERVABLE INPUTS -- - ------------------------------------------------------------------------------------------------------ LEVEL 3 - OTHER SIGNIFICANT UNOBSERVABLE INPUTS -- 120,488,722 - ------------------------------------------------------------------------------------------------------ TOTAL $ -- $ 120,488,722 - ------------------------------------------------------------------------------------------------------
* Other Financial Instruments include investments in other investment funds Following is a reconciliation of assets in which significant unobservable inputs (Level 3) were used in determining fair value:
INVESTMENTS IN OTHER FINANCIAL SECURITIES INSTRUMENTS * - ------------------------------------------------------------------------------------------------------ BALANCE AS OF DECEMBER 31, 2007 $ -- $ 159,318,093 - ------------------------------------------------------------------------------------------------------ ACCRUED DISCOUNTS/PREMIUMS -- -- - ------------------------------------------------------------------------------------------------------ REALIZED GAIN/LOSS -- 9,609,908 - ------------------------------------------------------------------------------------------------------ CHANGE IN UNREALIZED APPRECIATION/(DEPRECIATION) -- (33,956,409) - ------------------------------------------------------------------------------------------------------ NET PURCHASES (SALES) -- (14,482,870) - ------------------------------------------------------------------------------------------------------ TRANSFERS IN AND/OR OUT OF LEVEL 3 -- - ------------------------------------------------------------------------------------------------------ BALANCE AS OF SEPTEMBER 30, 2008 $ -- $ 120,488,722 - ------------------------------------------------------------------------------------------------------
* Other Financial Instruments include investments in other investment funds ITEM 2. CONTROLS AND PROCEDURES. (a) The registrant's principal executive and principal financial officers, or persons performing similar functions, have concluded that the registrant's disclosure controls and procedures (as defined in Rule 30a-3(c) under the Investment Company Act of 1940, as amended (the "1940 Act") (17 CFR 270.30a-3(c))) are effective, as of a date within 90 days of the filing date of the report that includes the disclosure required by this paragraph, based on their evaluation of these controls and procedures required by Rule 30a-3(b) under the 1940 Act (17 CFR 270.30a-3(b)) and Rules 13a-15(b) or 15d-15(b) under the Securities Exchange Act of 1934, as amended (17 CFR 240.13a-15(b) or 240.15d-15(b)). (b) There were no changes in the registrant's internal control over financial reporting (as defined in Rule 30a-3(d) under the 1940 Act (17 CFR 270.30a-3(d)) that occurred during the registrant's last fiscal quarter that have materially affected, or are reasonably likely to materially affect, the registrant's internal control over financial reporting. ITEM 3. EXHIBITS. Certifications pursuant to Rule 30a-2(a) under the 1940 Act and Section 302 of the Sarbanes-Oxley Act of 2002 are attached hereto. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934 and the Investment Company Act of 1940, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized. (Registrant) UBS Equity Opportunity Fund, L.L.C. -------------------------------------------------------------------- By (Signature and Title)* /s/ Craig Goos ------------------------------------------------------- Craig Goos, Principal Executive Officer Date November 21, 2008 ---------------------------------------------------------------------------- Pursuant to the requirements of the Securities Exchange Act of 1934 and the Investment Company Act of 1940, this report has been signed below by the following persons on behalf of the registrant and in the capacities and on the dates indicated. By (Signature and Title)* /s/ Craig Goos ------------------------------------------------------- Craig Goos, Principal Executive Officer Date November 21, 2008 ---------------------------------------------------------------------------- By (Signature and Title)* /s/ Robert Aufenanger ------------------------------------------------------- Robert Aufenanger, Principal Financial Officer Date November 21, 2008 ---------------------------------------------------------------------------- * Print the name and title of each signing officer under his or her signature. EX-99.CERT 2 g49867_cert.txt 302 CERT CERTIFICATION PURSUANT TO RULE 30A-2(A) UNDER THE 1940 ACT AND SECTION 302 OF THE SARBANES-OXLEY ACT I, Craig Goos, certify that: 1. I have reviewed this report on Form N-Q of UBS Equity Opportunity Fund, L.L.C.; 2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 3. Based on my knowledge, the schedules of investments included in this report fairly present in all material respects the investments of the registrant as of the end of the fiscal quarter for which the report is filed; 4. The registrant's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Rule 30a-3(c) under the Investment Company Act of 1940) and internal control over financial reporting (as defined in Rule 30a-3(d) under the Investment Company Act of 1940) for the registrant and have: (a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; (b) Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles; (c) Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of a date within 90 days prior to the filing date of this report, based on such evaluation; and (d) Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and 5. The registrant's other certifying officer(s) and I have disclosed to the registrant's auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions): (a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize, and report financial information; and (b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting. Date: November 21, 2008 /s/ Craig Goos ------------------------ ---------------------------------------------- Craig Goos, Principal Executive Officer CERTIFICATION PURSUANT TO RULE 30A-2(A) UNDER THE 1940 ACT AND SECTION 302 OF THE SARBANES-OXLEY ACT I, Robert Aufenanger, certify that: 1. I have reviewed this report on Form N-Q of UBS Equity Opportunity Fund, L.L.C.; 2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 3. Based on my knowledge, the schedules of investments included in this report fairly present in all material respects the investments of the registrant as of the end of the fiscal quarter for which the report is filed; 4. The registrant's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Rule 30a-3(c) under the Investment Company Act of 1940) and internal control over financial reporting (as defined in Rule 30a-3(d) under the Investment Company Act of 1940) for the registrant and have: (a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; (b) Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles; (c) Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of a date within 90 days prior to the filing date of this report, based on such evaluation; and (d) Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and 5. The registrant's other certifying officer(s) and I have disclosed to the registrant's auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions): (a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize, and report financial information; and (b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting. Date: November 21, 2008 /s/ Robert Aufenanger ------------------------ ------------------------------------------- Robert Aufenanger, Principal Financial Officer -----END PRIVACY-ENHANCED MESSAGE-----