0000902664-22-004762.txt : 20221107 0000902664-22-004762.hdr.sgml : 20221107 20221107160025 ACCESSION NUMBER: 0000902664-22-004762 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20221103 FILED AS OF DATE: 20221107 DATE AS OF CHANGE: 20221107 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: AXAR CAPITAL MANAGEMENT L.P. CENTRAL INDEX KEY: 0001650781 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-39172 FILM NUMBER: 221365326 BUSINESS ADDRESS: STREET 1: 402 W 13TH STREET STREET 2: FLOOR 5 CITY: NEW YORK STATE: NY ZIP: 10014 BUSINESS PHONE: 212.356.6130 MAIL ADDRESS: STREET 1: 402 W 13TH STREET STREET 2: FLOOR 5 CITY: NEW YORK STATE: NY ZIP: 10014 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Axar GP, LLC CENTRAL INDEX KEY: 0001673869 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-39172 FILM NUMBER: 221365325 BUSINESS ADDRESS: STREET 1: 1330 AVENUE OF THE AMERICAS, 6TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10019 BUSINESS PHONE: 212-356-6130 MAIL ADDRESS: STREET 1: 1330 AVENUE OF THE AMERICAS, 6TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10019 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Axelrod Andrew CENTRAL INDEX KEY: 0001673921 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-39172 FILM NUMBER: 221365327 MAIL ADDRESS: STREET 1: C/O AXAR CAPITAL MANAGEMENT, LP STREET 2: 402 W 13TH STREET, FLOOR 5 CITY: NEW YORK STATE: NY ZIP: 10014 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: Stonemor Inc. CENTRAL INDEX KEY: 0001753886 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PERSONAL SERVICES [7200] IRS NUMBER: 000000000 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 3600 HORIZON BOULEVARD CITY: TREVOSE STATE: PA ZIP: 19053 BUSINESS PHONE: (215) 826-2800 MAIL ADDRESS: STREET 1: 3600 HORIZON BOULEVARD CITY: TREVOSE STATE: PA ZIP: 19053 FORMER COMPANY: FORMER CONFORMED NAME: Stonemor GP LLC DATE OF NAME CHANGE: 20180921 4 1 ownership.xml X0306 4 2022-11-03 0 0001753886 Stonemor Inc. STON 0001673921 Axelrod Andrew C/O AXAR CAPITAL MANAGEMENT, LP 402 W 13TH STREET, FLOOR 5 NEW YORK NY 10014 1 0 1 0 0001650781 AXAR CAPITAL MANAGEMENT L.P. 402 W 13TH STREET, FLOOR 5 NEW YORK NY 10014 1 0 1 1 See Remarks 0001673869 Axar GP, LLC C/O AXAR CAPITAL MANAGEMENT, LP 402 W 13TH STREET, FLOOR 5 NEW YORK NY 10014 1 0 1 1 See Remarks Common Stock, par value $0.01 (Common Stock) 2022-11-03 4 A 0 88633045 3.50 D 0 I See footnote Equity Swaps (obligation to buy) 2022-11-03 4 J 1 1536717 D Common Stock 1536717 0 I See footnote Restricted Phantom Common Stock 2022-11-03 4 A 0 9174.31 3.50 D Common Stock 9174.31 0 D As described in the Schedule 13D/A filed by the Reporting Persons with the Securities and Exchange Commission on the date hereof (the "Schedule 13D/A"), on November 3, 2022, the Merger was consummated and all the shares of Common Stock held by the Reporting Persons were contributed pursuant to the terms of the Contribution Agreement. At the Effective Time, shareholders of the Issuer ceased to have any rights with respect to shares of the Common Stock, except their rights under the Merger Agreement. Capitalized terms used but not defined in this Form 4 shall have the meaning set forth in the Schedule 13D/A. This Form 4 is filed by Axar Capital Management, LP (the "Investment Manager"), Axar GP LLC ("GP") and Mr. Andrew Axelrod, with respect to the securities held by certain funds and/or managed accounts (collectively, the "Axar Vehicles"). The Investment Manager serves as the investment manager of the Axar Vehicles. GP is the general partner of Investment Manager. Mr. Andrew Axelrod serves as the sole member of the GP. Settlement of cash settled equity swaps with reference prices ranging from $3.1227 to $7.5565. The cash settled equity swaps were settled pursuant to their terms. The swaps were exercisable at any time and had an expiration date of June 20, 2025. The notional shares settled under the swap contract were settled at a settlement price of $3.50. This award of restricted phantom Common Stock was cancelled pursuant to the Merger Agreement in exchange for a cash payment of $32,110.09, representing the cash merger consideration. Because Andrew Axelrod serves on the board of directors of the Issuer as a representative of the Reporting Persons, each of the Investment Manager and the GP is a director by deputization. AXAR CAPITAL MANAGEMENT, LP, By: Axar GP LLC, its general partner, By:/s/ Andrew Axelrod, its Sole Member 2022-11-07 AXAR GP LLC, By: /s/ Andrew Axelrod, its Sole Member 2022-11-07 /s/ Andrew Axelrod 2022-11-07