FORM 4 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934 or Section 30(h) of the Investment Company Act of 1940 |
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Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b). |
1. Name and Address of Reporting Person*
(Street)
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2. Issuer Name and Ticker or Trading Symbol
PEP BOYS MANNY MOE & JACK [ PBY ] |
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
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3. Date of Earliest Transaction
(Month/Day/Year) 03/31/2008 | ||||||||||||||||||||||||||
4. If Amendment, Date of Original Filed
(Month/Day/Year) |
6. Individual or Joint/Group Filing (Check Applicable Line)
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Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned | ||||||||||
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1. Title of Security (Instr. 3) | 2. Transaction Date (Month/Day/Year) | 2A. Deemed Execution Date, if any (Month/Day/Year) | 3. Transaction Code (Instr. 8) | 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) | 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) | 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 7. Nature of Indirect Beneficial Ownership (Instr. 4) | |||
Code | V | Amount | (A) or (D) | Price | ||||||
Common Stock | 03/31/2008 | J(1) | V | 82,405 | D | $0 | 2,504,493 | I | By Funds(2) | |
Common Stock | 03/31/2008 | J(1) | V | 82,405 | A | $0 | 90,034 | D(3) | ||
Common Stock | 12/17/2008 | J(4) | V | 78,907 | D | $0 | 2,425,586 | I | By Funds(2) | |
Common Stock | 12/17/2008 | J(1) | V | 78,907 | A | $0 | 168,941 | D(3) | ||
Common Stock | 12/17/2008 | J(5) | V | 32,191 | D | $0 | 2,393,395 | I | By Funds(2) | |
Common Stock | 12/17/2008 | J(5) | V | 32,191 | A | $0 | 32,191 | I | By Trusts(6) | |
Common Stock | 12/17/2008 | J(7) | 170,906 | D | $0 | 2,222,489 | I | By Fund(8) |
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities) | |||||||||||||||
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1. Title of Derivative Security (Instr. 3) | 2. Conversion or Exercise Price of Derivative Security | 3. Transaction Date (Month/Day/Year) | 3A. Deemed Execution Date, if any (Month/Day/Year) | 4. Transaction Code (Instr. 8) | 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) | 6. Date Exercisable and Expiration Date (Month/Day/Year) | 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) | 8. Price of Derivative Security (Instr. 5) | 9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) | 10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 11. Nature of Indirect Beneficial Ownership (Instr. 4) | ||||
Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares |
1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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Explanation of Responses: |
1. Distribution to Thomas R. Hudson Jr. as a holder in the Jolly Roger Activist Fund LP of his pro rata ownership through the fund of shares of common stock of The Pep Boys - Manny, Moe & Jack. Change in form of beneficial ownership. |
2. Such securities beneficially owned by the Reporting Persons are held directly by Jolly Roger Fund, LP and Jolly Roger Offshore Fund LTD, investment funds for which Pirate Capital LLC ("Pirate") serves as investment advisor. Pirate is deemed to be the indirect beneficial owner of such securities by reasonof its position as an investment advisor of such funds, and may be deemed to hold a fractional pecuniary interest in such shares. Thomas R. Hudson Jr., as the sole managing member of Pirate, is also deemed to be the indirect benefical owner of such securities. The Reporting Persons disclaim benefical ownership of all such securities in excess of their actual pecuniary interest, if any. |
3. Held directly by Thomas R. Hudson Jr. |
4. Distribution to Thomas R. Hudson Jr. as a holder in the Jolly Roger Fund, LP of his pro rata ownership through the fund of shares of common stock of The Pep Boys - Manny, Moe & Jack. Change in form of beneficial ownership. |
5. Distribution to trusts, over which Thomas R. Hudson Jr. has discretionary authority and to which he disclaims beneficial ownership, as holders in the Jolly Roger Fund, LP of their pro rata ownership through the fund of shares of common stock of The Pep Boys - Manny, Moe & Jack. Change in form of beneficial ownership. |
6. Held by trusts, over which Thomas R. Hudson Jr. has discretionary authority and to which he disclaims beneficial ownership. |
7. Distribution to holders in the Jolly Roger Fund, LP of thier pro rata ownership through the fund of shares of common stock of The Pep Boys - Manny, Moe & Jack. |
8. Such securities beneficially owned by the Reporting Persons are held directly by Jolly Roger Offshore Fund LTD, an investment fund for which Pirate serves as investment advisor. Pirate is deemed to be the indirect beneficial owner of such securities by reasonof its position as an investment advisor of such fund, and may be deemed to hold a fractional pecuniary interest in such shares. Thomas R. Hudson Jr., as the sole managing member of Pirate, is also deemed to be the indirect benefical owner of such securities. The Reporting Persons disclaim benefical ownership of all such securities in excess of their actual pecuniary interest, if any. |
Pirate Capital LLC | 12/19/2008 | |
Thomas R. Hudson Jr. | 12/19/2008 | |
** Signature of Reporting Person | Date | |
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | ||
* If the form is filed by more than one reporting person, see Instruction 4 (b)(v). | ||
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). | ||
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. | ||
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. |