-----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, DuyOfOGcIOiPX00dx1iHrHdPC9lD2ZqOnEyqX17xmnJUIZN4X6sP6RcX3fIcfwqo xW7f6GylFY2Y3shFWYqwcg== 0001225208-08-002734.txt : 20080214 0001225208-08-002734.hdr.sgml : 20080214 20080214171927 ACCESSION NUMBER: 0001225208-08-002734 CONFORMED SUBMISSION TYPE: 5 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20071231 FILED AS OF DATE: 20080214 DATE AS OF CHANGE: 20080214 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: LIPKE ERIC R CENTRAL INDEX KEY: 0000942079 FILING VALUES: FORM TYPE: 5 SEC ACT: 1934 Act SEC FILE NUMBER: 000-22462 FILM NUMBER: 08618994 BUSINESS ADDRESS: STREET 1: 3556 LAKE SHORE RD STREET 2: P O BOX 2028 CITY: BUFFALO STATE: NY ZIP: 14219-0228 MAIL ADDRESS: STREET 1: 75 EIMVIEW AVENUE CITY: HAMBURG STATE: NY ZIP: 14075 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: GIBRALTAR INDUSTRIES, INC. CENTRAL INDEX KEY: 0000912562 STANDARD INDUSTRIAL CLASSIFICATION: STEEL WORKS, BLAST FURNACES & ROLLING & FINISHING MILLS [3310] IRS NUMBER: 161445150 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 3556 LAKE SHORE ROAD STREET 2: P O BOX 2028 CITY: BUFFALO STATE: NY ZIP: 14219-0228 BUSINESS PHONE: 7168266500 MAIL ADDRESS: STREET 1: GATEWAY EXECUTIVE PARK STREET 2: 3556 LAKE SHORE ROAD PO BOX 2028 CITY: BUFFALO STATE: NY ZIP: 14219-0228 FORMER COMPANY: FORMER CONFORMED NAME: GIBRALTAR STEEL CORP DATE OF NAME CHANGE: 19930924 5 1 doc5.xml X0202 5 2007-12-31 0 1 0000912562 GIBRALTAR INDUSTRIES, INC. ROCK 0000942079 LIPKE ERIC R 75 ELMVIEW AVENUE HAMBURG NY 1 1 Trustee Common Stock 2000-12-01 4 A 0 5220 13.5 A 5220 I Katherine Victoria Lipke UGMANY Trust Common Stock 2004-12-01 4 A 0 714555 23.54 A 895455 I Rush Creek Common Stock 151792 D Common Stock 896040 I Bonneville Trust Common Stock 387471 I Corvette Trust Common Stock 809789 I Electra Trust Common Stock 8909 I Elissa Kristina Lipke Trust Common Stock 8700 I Erica Rae Lipke Trust Common Stock 2520 I Erica Rae Lipke UGMANY Trust Common Stock 10507 I Katherine Victoria Lipke Trust Common Stock 136320 I Ken Lipke Trust No. 2 Common Stock 10050 I Kenneth Eric Lipke Trust Common Stock 2520 I Kenneth Eric Lipke UGMANY Trust Common Stock 2400 I Minor Children Common Stock 816790 I Nova Trust On December 1, 2000, Reporting Person became the custodian of shares of common stock of the Company held in trust under the New York Uniform Gift to Minors Act for the benefit of Reporting Person's niece. Reporting Person disclaims beneficial ownership of these shares. On December 1, 2004, the Reporting Person was appointed as manager of Rush Creek Management Company LLC, the General Partner of Rush Creek Investment Co., L.P., and, as a consequence, Reporting Person gained voting and investment control over all 895,455 shares of common stock of the Company held by Rush Creek Investment Co., L.P. The Reporting Person has previously reported beneficial ownership of 180,900 of the shares of common stock of the Company held by Rush Creek Investment Co., L.P., representing his proportionate interest in the 895,455 shares of common stock of the Company held by Rush Creek Investment Co., L.P. Reporting Person disclaims beneficial ownership of the 714,555 shares of common stock of the Company held by Rush Creek Investment Co., L.P. as to which he has acquired beneficial ownership as a result of his appointment as manager of Rush Creek Management Company LLC. Represents shares of common stock held by a trust for the benefit of the Company's Chief Executive Officer, of which the Reporting Person serves as one of three trustees and shares voting and investment power and as to which shares he disclaims beneficial ownership. Represents shares of common stock held by a trust for the benefit of a sibling of the Reporting Person, of which the Reporting Person serves as one of three trustees and shares voting and investment power and as to which shares he disclaims beneficial ownership. Represents shares of common stock held by a trust for the benefit of Reporting Person of which he serves as one of three trustees and shares voting and investment power. Represents shares of common stock held by a trust for the benefit of a child (Elissa Kristina Lipke) of an insider of the Company, of which the Reporting Person serves as one of three trustees and shares voting and investment power and as to which shares he disclaims beneficial ownership. Represents shares of common stock held by a trust for the benefit of a child of the Reporting Person. Represents shares of common stock held in trust under the New York Uniform Gift to Minors Act for the benefit of a child of the Reporting Person. Represents shares of common stock held by trust for the benefit of a child (Katherine Victoria Lipke) of an insider of the Company, of which the Reporting Person serves as one of three trustees and shares voting and investment power and as to which shares he disclaims beneficial ownership. Represents shares of common stock held by a trust for the benefit of two of Reporting Person's siblings, of which the Reporting Person serves as one of five trustees and shares voting and investment power and as to which shares he disclaims beneficial ownership. lipkeerv2.HTM /s/Paul J. Schulz, Attorney in Fact for Eric R. Lipke 2008-02-14 EX-24 2 lipkeerv2.htm ARTHUR A


ERIC R. LIPKE

LIMITED POWER OF ATTORNEY FOR SECTION 16 REPORTING OBLIGATIONS



Know all by these presents, that the undersigned hereby makes, constitutes and appoints each of Gerald S. Lippes, Michael E. Storck and Paul J. Schulz, each acting individually, as the undersigned's true and lawful attorney-in-fact, with full power and authority as hereinafter described on behalf of and in the name, place and stead of the undersigned to:


(1)  prepare, execute, acknowledge, deliver and file Forms 3, 4, and 5 (including any amendments thereto) with respect to the securities of Gibraltar Steel Corporation, a Delaware corporation (the "Company"), with the United States Securities and Exchange Commission, any national securities exchanges and the Company, as considered necessary or advisable under Section 16(a) of the Securities Exchange Act of 1934 and the rules and regulations promulgated thereunder, as amended from time to time (the "Exchange Act");


(2)  seek or obtain, as the undersigned's representative and on the undersigned's behalf, information on transactions in the Company's securities from any third party, including brokers, employee benefit plan administrators and trustees, and the undersigned hereby authorizes any such person to release any such information to each of the undersigned's attorneys-in-fact appointed by this Power of Attorney and approves and ratifies any such release of information; and


(3)  perform any and all other acts which in the discretion of such attorney-in-fact are necessary or desirable for and on behalf of the undersigned in connection with the foregoing.


The undersigned acknowledges that:


(1)  this Power of Attorney authorizes, but does not require, each such attorney-in-fact to act in their discretion on information provided to such attorney-in-fact without independent verification of such information;


(2)  any documents prepared and/or executed by either such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney will be in such form and will contain such information and disclosure as such attorney-in-fact, in his or her discretion, deems necessary or desirable;


(3)  neither the Company nor either of such attorneys-in-fact assumes (i) any liability for the undersigned's responsibility to comply with the requirement of the Exchange Act, (ii) any liability of the undersigned for any failure to comply with such requirements, or (iii) any obligation or liability of the undersigned for profit disgorgement under Section 16(b) of the Exchange Act; and


(4)  this Power of Attorney does not relieve the undersigned from responsibility for compliance with the undersigned's obligations under the Exchange Act, including without limitation the reporting requirements under Section 16 of the Exchange Act.


The undersigned hereby gives and grants each of the foregoing attorneys-in-fact full power and authority to do and perform all and every act and thing whatsoever requisite, necessary or appropriate to be done in and about the foregoing matters as fully to all intents and purposes as the undersigned might or could do if present, hereby ratifying all that each such attorney-in-fact of, for and on behalf of the undersigned, shall lawfully do or cause to be done by virtue of this Limited Power of Attorney.


This Power of Attorney shall remain in full force and effect until revoked by the undersigned in a signed writing delivered to each such attorney-in-fact.


IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this ____ day of December, 2005.



___________________________________

Eric R. Lipke



STATE OF NEW YORK

SS:

COUNTY OF __________


On the ____ day of December in the year 2005, before me, the undersigned, a notary public in and for said state, personally appeared Eric R. Lipke, personally known to me or provided to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument.



_____________________________

Notary Public



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