-----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, ELFemcrovfJIDkyczGxeOfHdG5xPMGQQ7Jb6jz56pPOszBQ9Pq2i2t48eneHB+Tw FS/CB6qmhnpszeVPuaDy0Q== 0001209191-04-016882.txt : 20040322 0001209191-04-016882.hdr.sgml : 20040322 20040322162911 ACCESSION NUMBER: 0001209191-04-016882 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20040319 FILED AS OF DATE: 20040322 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: MERCER INTERNATIONAL INC CENTRAL INDEX KEY: 0000075659 STANDARD INDUSTRIAL CLASSIFICATION: PAPER MILLS [2621] IRS NUMBER: 916087550 STATE OF INCORPORATION: WA FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 14900 INTERURBAN AVENUE SOUTH STREET 2: SUITE 282 CITY: SEATTLE STATE: WA ZIP: 98168 BUSINESS PHONE: 2066744639 MAIL ADDRESS: STREET 1: 14900 INTERURBAN AVENUE SOUTH STREET 2: SUITE 282 CITY: SEATTLE STATE: WA ZIP: 98168 FORMER COMPANY: FORMER CONFORMED NAME: ASIAMERICA EQUITIES LTD DATE OF NAME CHANGE: 19920109 FORMER COMPANY: FORMER CONFORMED NAME: PACIFIC WEST REALTY TRUST DATE OF NAME CHANGE: 19860219 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: GREENLIGHT CAPITAL LLC CENTRAL INDEX KEY: 0001040272 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-09409 FILM NUMBER: 04682758 BUSINESS ADDRESS: STREET 1: 420 LEXINGTON AVE SUITE 875 CITY: NEW YORK STATE: NY ZIP: 10170 BUSINESS PHONE: 2129731900 MAIL ADDRESS: STREET 1: 420 LEXINGTON AVENUE STREET 2: SUITE 875 CITY: NEW YORK STATE: NY ZIP: 10170 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: GREENLIGHT CAPITAL INC CENTRAL INDEX KEY: 0001079114 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-09409 FILM NUMBER: 04682757 BUSINESS ADDRESS: STREET 1: 420 LEXINGTON AVE STREET 2: SUITE 875 CITY: NEW YORK STATE: NY ZIP: 10170 BUSINESS PHONE: 2129731900 MAIL ADDRESS: STREET 1: 420 LEXINGTON AVE STREET 2: SUITE 875 CITY: NEW YORK STATE: NY ZIP: 10170 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: EINHORN DAVID CENTRAL INDEX KEY: 0001240451 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-09409 FILM NUMBER: 04682759 BUSINESS ADDRESS: STREET 1: 420 LEXINGTON AVE STREET 2: SUITE 1740 CITY: NEW YORK STATE: NY ZIP: 10170 BUSINESS PHONE: 2129731900 MAIL ADDRESS: STREET 1: 420 LEXINGTON AVE STREET 2: SUITE 1740 CITY: NEW YORK STATE: NY ZIP: 10170 4 1 bod13860_bod1de.xml MAIN DOCUMENT DESCRIPTION X0201 4 2004-03-19 0 0000075659 MERCER INTERNATIONAL INC MERCS 0001240451 EINHORN DAVID 420 LEXINGTON AVENUE, SUITE 1740 NEW YORK NY 10170 0 0 1 0 0001040272 GREENLIGHT CAPITAL LLC 420 LEXINGTON AVENUE, SUITE 1740 NEW YORK NY 10170 0 0 1 0 0001079114 GREENLIGHT CAPITAL INC 420 LEXINGTON AVENUE, SUITE 1740 NEW YORK NY 10170 0 0 1 0 Common Stock 2004-03-19 4 P 0 3200 8.55 A 325100 I See Note (1) Common Stock 2004-03-19 4 P 0 9400 8.55 A 974200 I See Note (1) Common Stock 2004-03-19 4 P 0 12067 8.55 A 1242867 I See Note (1) Common Stock 2004-03-19 4 P 0 1200 8.55 A 326300 I See Note (1) Common Stock 2004-03-19 4 P 0 9000 8.55 A 983200 I See Note (1) Common Stock 2004-03-19 4 P 0 13463 8.55 A 1256330 I See Note (1) The filing of this Form 4 shall not be construed as an admission that Greenlight Capital, L.L.C. ("Greenlight LLC"), Greenlight Capital, Inc. ("Greenlight Inc" and, together with Greenlight LLC, "Greenlight"), or David Einhorn, the managing member of Greenlight LLC and president of Greenlight Inc, are or were for the purposes of Section 16(a) of the Securities Exchange Act of 1934, as amended, or otherwise the beneficial owner of any of the shares of beneficial interest, par value $1.00 per share (the "Common Shares") of Mercer International, Inc. ("Mercer") owned by Greenlight Capital, L.P. ("Greenlight Fund"), Greenlight Capital Qualified, L.P. ("Greenlight Qualified"), or Greenlight Capital Offshore, Ltd. ("Greenlight Offshore" and, collectively, the "Greenlight Funds"). Pursuant to Rule 16a-1, Greenlight LLC, Greenlight Inc, and Mr. Einhorn all disclaim such beneficial ownership. Greenlight Fund purchased 3,200 restricted Common Shares from Guy W. Adams, one of Greenlight's nominees for Mercer's board of trustees in Greenlight's proxy statement, dated July 2, 2003. Greenlight LLC holds 326,300 Common Shares of Mercer indirectly through the accounts of Greenlight Fund, of which Greenlight LLC is general partner. Greenlight LLC receives an allocation of net profits from and owns a partnership interest in Greenlight Fund. Mr. Einhorn reports the shares held indirectly by Greenlight LLC because, as the senior managing member of Greenlight LLC at the time of purchase, Mr. Einhorn controlled the disposition and voting of the securities. Greenlight Qualified purchased 9,400 restricted Common Shares from Guy W. Adams, one of Greenlight's nominees for Mercer's board of trustees in Greenlight's proxy statement, dated July 2, 2003. Greenlight LLC holds 983,200 Common Shares of Mercer indirectly through the accounts of Greenlight Qualified, of which Greenlight LLC is general partner. Greenlight LLC receives an allocation of net profits from and owns a partnership interest in Greenlight Qualified. Mr. Einhorn reports the shares held indirectly by Greenlight LLC because, as the senior managing member of Greenlight LLC at the time of purchase, Mr. Einhorn controlled the disposition and voting of the securities. Greenlight Offshore purchased 12,067 restricted Common Shares from Guy W. Adams, one of Greenlight's nominees for Mercer's board of trustees in Greenlight's proxy statement, dated July 2, 2003. Greenlight Inc. holds 1,256,330 Common Shares of Mercer indirectly through the account of Greenlight Offshore, which is controlled by Greenlight Inc. Greenlight Inc. is the investment advisor of Greenlight Offshore and receives an asset-based fee and an annual fee based on the appreciation of Greenlight Offshore. Greenlight Offshore's total investment in Mercer accounts for less than 10% of its portfolio. Mr. Einhorn, as president and director of Greenlight Inc., has control over the voting and disposition of the securities of Greenlight Offshore. Additionally, Mr. Einhorn owns shares in Greenlight Offshore. Greenlight Fund purchased 1,200 restricted Common Shares from Saul E. Diamond, one of Greenlight's nominees for Mercer's board of trustees in Greenlight's proxy statement, dated July 2, 2003. Greenlight LLC holds 326,300 Common Shares of Mercer indirectly through the accounts of Greenlight Fund, of which Greenlight LLC is general partner. Greenlight LLC receives an allocation of net profits from and owns a partnership interest in Greenlight Fund. Mr. Einhorn reports the shares held indirectly by Greenlight LLC because, as the senior managing member of Greenlight LLC at the time of purchase, Mr. Einhorn controlled the disposition and voting of the securities. Greenlight Qualified purchased 9,000 restricted Common Shares from Saul E. Diamond, one of Greenlight's nominees for Mercer's board of trustees in Greenlight's proxy statement, dated July 2, 2003. Greenlight LLC holds 983,200 Common Shares of Mercer indirectly through the accounts of Greenlight Qualified, of which Greenlight LLC is general partner. Greenlight LLC receives an allocation of net profits from and owns a partnership interest in Greenlight Qualified. Mr. Einhorn reports the shares held indirectly by Greenlight LLC because, as the senior managing member of Greenlight LLC at the time of purchase, Mr. Einhorn controlled the disposition and voting of the securities. Greenlight Offshore purchased 13,463 restricted Common Shares from Saul E. Diamond, one of Greenlight's nominees for Mercer's board of trustees in Greenlight's proxy statement, dated July 2, 2003. Greenlight Inc. holds1,256,330Common Shares of Mercer indirectly through the account of Greenlight Offshore, which is controlled by Greenlight Inc. Greenlight Inc. is the investment advisor of Greenlight Offshore and receives an asset-based fee and an annual fee based on the appreciation of Greenlight Offshore. Greenlight Offshore's total investment in Mercer accounts for less than 10% of its portfolio. Mr. Einhorn, as president and director of Greenlight Inc., has control over the voting and disposition of the securities of Greenlight Offshore. Additionally, Mr. Einhorn owns shares in Greenlight Offshore. David Einhorn 2004-03-19 David Einhorn, Managing Member of Greenlight Capital, L.L.C. 2004-03-19 David Einhorn, President of Greenlight Capital, Inc. 2004-03-19 -----END PRIVACY-ENHANCED MESSAGE-----