-----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, D4xeBtzTLQVa2mcCNr5mVNU55vG/jvkpNAM3rc60I1ze086DUkdApKftQaUOARdA uZoYDuQcd0WfIvtuhQb7Lw== 0000899140-06-001434.txt : 20061020 0000899140-06-001434.hdr.sgml : 20061020 20061020153218 ACCESSION NUMBER: 0000899140-06-001434 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20061013 FILED AS OF DATE: 20061020 DATE AS OF CHANGE: 20061020 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: FOAMEX INTERNATIONAL INC CENTRAL INDEX KEY: 0000912908 STANDARD INDUSTRIAL CLASSIFICATION: PLASTICS FOAM PRODUCTS [3086] IRS NUMBER: 050473908 STATE OF INCORPORATION: DE FISCAL YEAR END: 1229 BUSINESS ADDRESS: STREET 1: 1000 COLUMBIA AVENUE CITY: LINWOOD STATE: PA ZIP: 19061 BUSINESS PHONE: 6108593000 MAIL ADDRESS: STREET 1: 1000 COLUMBIA AVE CITY: LINWOOD STATE: PA ZIP: 19061 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: SIGMA CAPITAL MANAGEMENT LLC CENTRAL INDEX KEY: 0001167507 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 000-22624 FILM NUMBER: 061155473 BUSINESS ADDRESS: STREET 1: 777 LONG RIDGE ROAD CITY: STAMFORD STATE: CT ZIP: 06902 BUSINESS PHONE: 2036142094 3 1 sigma_foamex3-102006ex.xml X0202 3 2006-10-13 0 0000912908 FOAMEX INTERNATIONAL INC FMXIQ 0001167507 SIGMA CAPITAL MANAGEMENT LLC 540 MADISON AVENUE NEW YORK NY 10022 0 0 0 1 See Footnote (2) Common Stock 2300000 I See Footnote See Exhibit 99.1. See Exhibit 99.1. See Exhibit 99.1. See Exhibit 99.1. Exhibit List Exhibit 99 - Joint Filer Information Exhibit 99.1 - Explanation of Responses Peter Nussbaum, as Authorized Person on behalf of the following: SIGMA CAPITAL MANAGEMENT, LLC, STEVEN A. COHEN 2006-10-20 EX-99 2 f3443392a.txt JOINT FILER INFORMATION Exhibit 99 - Form 3 Joint Filer Information ---------- Name: Steven A. Cohen Address: 72 Cummings Point Road, Stamford CT 06902 Designated Filer: Sigma Capital Management, LLC Issuer & Ticker Symbol: Foamex International Inc. ("FMXIQ") Date of Event Requiring Statement: October 13, 2006 EX-99 3 f3443392b.txt EXHIBIT 99.1 EXPLANATION OF RESPONSES Exhibit 99.1 ------------ Explanation of Responses: (1) See Exhibit 99. (2) As described in the Schedule 13D/A (the "13D/A") filed with the Securities and Exchange Commission by the Reporting Person on October 17, 2006 with respect to the Issuer's securities, D. E. Shaw Laminar Portfolios, L.L.C. ("Shaw"), Goldman, Sachs & Co. ("Goldman"), and Par IV Capital Management LLC (together with Shaw and Goldman, the "Non-Affiliated Funds"), Sigma Capital Associates, LLC ("Sigma Associates") and the Issuer entered into an Equity Commitment Agreement, which agreement is more fully described in the 13D/A. By reason of the execution of the Equity Commitment Agreement, Sigma Associates and the Non-Affiliated Funds may be deemed to be members of a group within the meaning of Rule 13d-5(b) promulgated under the Securities Exchange Act of 1934, as amended, with regard to their respective interests in equity securities of the Issuer. The amount of the Issuer's securities held by Sigma Associates as reported herein does not include the holdings of any of the Non-Affiliated Funds and each of Sigma Associates and the Reporting Persons disclaim any pecuniary interest in the Issuer's securities held by the Non-Affiliated Funds. (3) Sigma Associates directly owns Common Stock of the Issuer. As of the close of business on October 13, 2006, each Reporting Person had indirect beneficial ownership of 2,300,000 shares of Common Stock of the Issuer. (4) The securities to which this report relates are held by Sigma Associates. Sigma Capital Management, LLC ("Management") is an investment manager to Sigma Associates. Pursuant to an investment agreement, Management is vested with all investment and voting power with respect to the securities held by Sigma Associates. Steven A. Cohen controls Management. In accordance with Instruction 5(b)(iv), the entire amount of the Issuer's securities held by Sigma Associates is reported herein. Each Reporting Person disclaims any beneficial ownership of any of the Issuer's securities to which this report relates for purposes of Section 16 of the Securities Exchange Act of 1934, as amended, except to the extent of its indirect pecuniary interest therein, and this report shall not be deemed an admission that the Reporting Person is the beneficial owner of such securities for purposes of Section 16 or for any other purposes. -----END PRIVACY-ENHANCED MESSAGE-----