EXHIBIT 99

-----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, P82VqKSy5rMXRuMGx9pxyNILF91WpfXeGW1YXcRE5dR7Aj/HHLGmLrUrTsOyrCbs 6OKaK6MV53X+RkvILlqv2g== 0000894579-04-000093.txt : 20040719 0000894579-04-000093.hdr.sgml : 20040719 20040719205748 ACCESSION NUMBER: 0000894579-04-000093 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040709 FILED AS OF DATE: 20040719 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: ENDOWMENT CAPITAL GROUP LLC CENTRAL INDEX KEY: 0001283815 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-11866 FILM NUMBER: 04920897 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: TIMON PHILIP C CENTRAL INDEX KEY: 0001080175 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-11866 FILM NUMBER: 04920894 BUSINESS ADDRESS: STREET 1: 920 EAST BALTMORE PIKE CITY: KENNETT SQUARE STATE: PA ZIP: 19348 BUSINESS PHONE: 6103885920 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: LONG DRIVE L P CENTRAL INDEX KEY: 0001286800 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-11866 FILM NUMBER: 04920896 BUSINESS ADDRESS: STREET 1: 1007 N ORANGE ST STREET 2: SUITE 757 CITY: WILMINGTON STATE: DE ZIP: 19801 BUSINESS PHONE: 302-652-6926 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: ENDOWMENT CAPITAL L P CENTRAL INDEX KEY: 0001286807 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-11866 FILM NUMBER: 04920895 BUSINESS ADDRESS: STREET 1: 1007 N ORANGE ST STREET 2: SUITE 757 CITY: WILMINGTON STATE: DE ZIP: 190801 BUSINESS PHONE: 302-652-6926 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: ACTION PERFORMANCE COMPANIES INC CENTRAL INDEX KEY: 0000892147 STANDARD INDUSTRIAL CLASSIFICATION: WHOLESALE-MISC DURABLE GOODS [5090] IRS NUMBER: 860704792 STATE OF INCORPORATION: AZ FISCAL YEAR END: 0930 BUSINESS ADDRESS: STREET 1: 1480 SOUTH HOHOKAM DRIVE CITY: TEMPE STATE: AZ ZIP: 85281 BUSINESS PHONE: 6023373700 MAIL ADDRESS: STREET 1: 1480 SOUTH HOHOKAM DRIVE CITY: TEMPE STATE: AZ ZIP: 85281 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Endowment Management, LLC CENTRAL INDEX KEY: 0001297571 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-11866 FILM NUMBER: 04920892 BUSINESS ADDRESS: STREET 1: 1007 N. ORANGE STREET, SUITE 757 CITY: WILMINGTON STATE: DE ZIP: 19801 BUSINESS PHONE: 302-778-3260 MAIL ADDRESS: STREET 1: 1007 N. ORANGE STREET, SUITE 757 CITY: WILMINGTON STATE: DE ZIP: 19801 3 1 primary_doc.xml PRIMARY DOCUMENT X0202 3 2004-07-09 0 0000892147 ACTION PERFORMANCE COMPANIES INC ATN 0001283815 ENDOWMENT CAPITAL GROUP LLC 1007 N. ORANGE STREET, SUITE 757 WILMINGTON DE 19801 0 0 1 0 0001286800 LONG DRIVE L P 1007 N. ORANGE STREET, SUITE 757 WILMINGTON DE 19801 0 0 1 0 0001286807 ENDOWMENT CAPITAL L P 1007 N. ORANGE STREET, SUITE 757 WILMINGTON DE 19801 0 0 1 0 0001080175 TIMON PHILIP C 1007 N. ORANGE STREET, SUITE 757 WILMINGTON DE 19801 0 0 1 0 0001297571 Endowment Management, LLC 1007 N. ORANGE STREET, SUITE 757 WILMINGTON DE 19801 0 0 1 0 Common Stock 2090650 I See footnotes Endowment Capital, L.P. (1,341,254 shares) and Long Drive, L.P. (749,396 shares) (collectively, the "Funds") directly own the 2,090,650 shares of Common Stock (the "Shares"). Endowment Capital Group, LLC is the sole general partner and Endowment Management, LLC is the sole investment manager of each of the Funds. Philip Timon is the sole managing member of Endowment Capital Group, LLC and Endowment Management, LLC. By virtue of its position as the sole general partner of the Funds, Endowment Capital Group, LLC may be deemed to be the indirect beneficial owner of the Shares. Nothing in this Form 3 shall be deemed an admission that Endowment Capital Group, LLC is, for purposes of Section 16 of the Securities Act or otherwise, the beneficial owner of any securities reported on this Form 3 in which it does not have a pecuniary interest as calculated pursuant to the rules and regulations promulgated under Section 16 of the Securities Act. By virtue of its position as the investment manager of the Funds, Endowment Management, LLC may be deemed to be the indirect beneficial owner of the Shares. Nothing in this Form 3 shall be deemed an admission that Endowment Management, LLC is, for purposes of Section 16 of the Securities Act or otherwise, the beneficial owner of any securities reported on this Form 3 in which it does not have a pecuniary interest as calculated pursuant to the rules and regulations promulgated under Section 16 of the Securities Act. By virtue of his position as the managing member of both Endowment Capital Group, LLC and Endowment Management, LLC, Philip Timon may be deemed to be the indirect beneficial owner of the Shares. Nothing in this Form 3 shall be deemed an admission that Philip Timon is, for purposes of Section 16 of the Securities Act or otherwise, the beneficial owner of any securities reported on this Form 3 in which he does not have a pecuniary interest as calculated pursuant to the rules and regulations promulgated under Section 16 of the Securities Act. See attached footnotes page. See attached Exhibit 99. See Exhibit 99 2004-07-19 EX-99 2 jtfilerinfoatn.htm JOINT FILER INFORMATION EXHIBIT 99

EXHIBIT 99

JOINT FILER INFORMATION

Title of Security:	Common Stock

Issuer and Ticker Symbol:	Action Performance Companies, Inc. (ATN)

Designated Filer:	Endowment Capital Group, LLC

Other Joint Filers:	Endowment Capital, L.P.
	Long Drive, L.P.
	Endowment Management, LLC
	Philip Timon

Addresses:	The principal business office address of each of the Joint Filers above is 1007 N. Orange Street,
	Suite 757, Wilmington, DE 19801.

Signatures:	ENDOWMENT CAPITAL GROUP, LLC

	By: /s/ Philip Timon
	Name: Philip Timon
	Title: Managing Member

	ENDOWMENT CAPITAL, L.P.

	By : Endowment Capital Group, LLC, as General Partner

	By: /s/ Philip Timon
	Name: Philip Timon
	Title: Managing Member

	LONG DRIVE, L.P.

	By : Endowment Capital Group, LLC, as General Partner

	By: /s/ Philip Timon
	Name: Philip Timon
	Title: Managing Member

	ENDOWMENT MANAGEMENT, LLC

	By: /s/ Philip Timon
	Name: Philip Timon
	Title: Managing Member

	PHILIP TIMON

	/s/ Philip Timon

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