0001140361-12-002711.txt : 20120117
0001140361-12-002711.hdr.sgml : 20120116
20120117161554
ACCESSION NUMBER: 0001140361-12-002711
CONFORMED SUBMISSION TYPE: 4
PUBLIC DOCUMENT COUNT: 1
CONFORMED PERIOD OF REPORT: 20111101
FILED AS OF DATE: 20120117
DATE AS OF CHANGE: 20120117
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: 001-33515
FILM NUMBER: 12529804
MAIL ADDRESS:
STREET 1: 140 EAST 45TH STREET
STREET 2: 24TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10017
ISSUER:
COMPANY DATA:
COMPANY CONFORMED NAME: EINSTEIN NOAH RESTAURANT GROUP INC
CENTRAL INDEX KEY: 0000949373
STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812]
IRS NUMBER: 133690261
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
BUSINESS ADDRESS:
STREET 1: 555 ZANG STREET
STREET 2: SUITE 300
CITY: LAKEWOOD
STATE: CO
ZIP: 80228
BUSINESS PHONE: 3035688000
MAIL ADDRESS:
STREET 1: 555 ZANG STREET
STREET 2: SUITE 300
CITY: LAKEWOOD
STATE: CO
ZIP: 80228
FORMER COMPANY:
FORMER CONFORMED NAME: NEW WORLD RESTAURANT GROUP INC
DATE OF NAME CHANGE: 20010928
FORMER COMPANY:
FORMER CONFORMED NAME: NEW WORLD COFFEE MANHATTAN BAGEL INC
DATE OF NAME CHANGE: 19990413
FORMER COMPANY:
FORMER CONFORMED NAME: NEW WORLD COFFEE & BAGELS INC /
DATE OF NAME CHANGE: 19981007
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: GREENLIGHT CAPITAL L P
CENTRAL INDEX KEY: 0001015370
STATE OF INCORPORATION: DE
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-33515
FILM NUMBER: 12529801
BUSINESS ADDRESS:
STREET 1: 140 EAST 45TH STREET
STREET 2: 24TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10017
BUSINESS PHONE: 212-973-1900
MAIL ADDRESS:
STREET 1: 140 EAST 45TH STREET
STREET 2: 24TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10017
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: 001-33515
FILM NUMBER: 12529803
BUSINESS ADDRESS:
STREET 1: 140 EAST 45TH STREET
STREET 2: 24TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10017
BUSINESS PHONE: 2129731900
MAIL ADDRESS:
STREET 1: 140 EAST 45TH STREET
STREET 2: 24TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10017
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: GREENLIGHT CAPITAL QUALIFIED, L.P.
CENTRAL INDEX KEY: 0001052968
STATE OF INCORPORATION: DE
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-33515
FILM NUMBER: 12529799
BUSINESS ADDRESS:
STREET 1: 140 EAST 45TH STREET
STREET 2: 24TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10017
BUSINESS PHONE: 212-973-1900
MAIL ADDRESS:
STREET 1: 140 EAST 45TH STREET
STREET 2: 24TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10017
FORMER NAME:
FORMER CONFORMED NAME: GREENLIGHT CAPITAL QUALIFIED LP /NY
DATE OF NAME CHANGE: 19980114
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: GREENLIGHT CAPITAL INC
CENTRAL INDEX KEY: 0001079114
STATE OF INCORPORATION: DE
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-33515
FILM NUMBER: 12529802
BUSINESS ADDRESS:
STREET 1: 140 EAST 45TH STREET
STREET 2: 24TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10017
BUSINESS PHONE: 2129731900
MAIL ADDRESS:
STREET 1: 140 EAST 45TH STREET
STREET 2: 24TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10017
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: DME Advisors, LP
CENTRAL INDEX KEY: 0001300763
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-33515
FILM NUMBER: 12529798
BUSINESS ADDRESS:
STREET 1: 140 EAST 45TH STREET
STREET 2: 24TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10017
BUSINESS PHONE: 212.973.1900
MAIL ADDRESS:
STREET 1: 140 EAST 45TH STREET
STREET 2: 24TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10017
FORMER NAME:
FORMER CONFORMED NAME: Greenlight Capital Advisors, L.L.C.
DATE OF NAME CHANGE: 20040817
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: DME Advisors GP, L.L.C.
CENTRAL INDEX KEY: 0001358081
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-33515
FILM NUMBER: 12529797
BUSINESS ADDRESS:
STREET 1: 140 EAST 45TH STREET
STREET 2: 24TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10017
BUSINESS PHONE: 212.973.1900
MAIL ADDRESS:
STREET 1: 140 EAST 45TH STREET
STREET 2: 24TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10017
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: DME Management GP, LLC
CENTRAL INDEX KEY: 0001489932
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-33515
FILM NUMBER: 12529800
BUSINESS ADDRESS:
STREET 1: 140 EAST 45TH STREET
STREET 2: 24TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10017
BUSINESS PHONE: 212-973-1900
MAIL ADDRESS:
STREET 1: 140 EAST 45TH STREET
STREET 2: 24TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10017
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: DME Capital Management, LP
CENTRAL INDEX KEY: 0001489933
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-33515
FILM NUMBER: 12529795
BUSINESS ADDRESS:
STREET 1: 140 EAST 45TH STREET
STREET 2: 24TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10017
BUSINESS PHONE: 212-973-1900
MAIL ADDRESS:
STREET 1: 140 EAST 45TH STREET
STREET 2: 24TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10017
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: Greenlight Capital Offshore Partners
CENTRAL INDEX KEY: 0001491193
STATE OF INCORPORATION: D8
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-33515
FILM NUMBER: 12529796
BUSINESS ADDRESS:
STREET 1: 140 EAST 45TH STREET
STREET 2: 24TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10017
BUSINESS PHONE: 212-973-1900
MAIL ADDRESS:
STREET 1: 140 EAST 45TH STREET
STREET 2: 24TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10017
4
1
doc1.xml
FORM 4
X0304
4
2011-11-01
0
0000949373
EINSTEIN NOAH RESTAURANT GROUP INC
BAGL
0001240451
EINHORN DAVID
140 EAST 45TH STREET
FLOOR 24
NEW YORK
NY
10017
0
0
1
1
See Footnotes (1)-(10)
0001040272
GREENLIGHT CAPITAL LLC
140 EAST 45TH STREET
24TH FLOOR
NEW YORK
NY
10017
0
0
1
1
See Footnotes (1)-(10)
0001079114
GREENLIGHT CAPITAL INC
140 EAST 45TH STREET
24TH FLOOR
NEW YORK
NY
10017
0
0
1
1
See Footnotes (1)-(10)
0001015370
GREENLIGHT CAPITAL L P
140 EAST 45TH STREET
24TH FLOOR
NEW YORK
NY
10017
0
0
1
1
See Footnotes (1)-(10)
0001052968
GREENLIGHT CAPITAL QUALIFIED, L.P.
140 EAST 45TH STREET
24TH FLOOR
NEW YORK
NY
10017
0
0
1
1
See Footnotes (1)-(10)
0001300763
DME Advisors, LP
140 EAST 45TH STREET
24TH FLOOR
NEW YORK
NY
10017
0
0
1
1
See Footnotes (1)-(10)
0001358081
DME Advisors GP, L.L.C.
140 EAST 45TH STREET
24TH FLOOR
NEW YORK
NY
10017
0
0
1
1
See Footnotes (1)-(10)
0001491193
Greenlight Capital Offshore Partners
140 EAST 45TH STREET
24TH FLOOR
NEW YORK
NY
10017
0
0
1
0
0001489933
DME Capital Management, LP
140 EAST 45TH STREET
24TH FLOOR
NEW YORK
NY
10017
0
0
1
0
0001489932
DME Management GP, LLC
140 EAST 45TH STREET
24TH FLOOR
NEW YORK
NY
10017
0
0
1
0
Common Stock, par value $0.001 per share
2011-11-01
4
J
0
61100
14.72
D
3330730
I
See Footnote
Common Stock, par value $0.001 per share
2011-11-01
4
J
0
30100
14.72
D
1030926
I
See Footnote
Common Stock, par value $0.001 per share
2011-11-01
4
J
0
38500
14.72
D
4514955
I
See Footnote
Common Stock, par value $0.001 per share
750000
I
See Footnote
Common Stock, par value $0.001 per share
2011-11-01
4
J
0
91200
14.72
A
794376
I
See Footnote
Common Stock, par value $0.001 per share
2011-11-01
4
J
0
38500
14.72
A
312482
I
See Footnote
David Einhorn is the senior managing member of Greenlight Capital, L.L.C. ("Greenlight LLC"), DME Advisors GP, LLC ("DME GP") and DME Management GP, LLC ("DME Management GP"), and the president of Greenlight Capital, Inc. ("Greenlight Inc."). DME GP is the general partner of DME Advisors, LP ("DME") and DME Capital Management, LP ("DME CM").
One or more of the foregoing entities control the disposition and voting of shares of common stock, par value $0.001 per share (the "Common Stock"), of Einstein Noah Restaurant Group, Inc. ("Einstein Noah"), owned by one or more of the following entities: Greenlight Capital, L.P. ("Greenlight Fund"), Greenlight Capital Qualified, L.P. ("Greenlight Qualified"), Greenlight Capital Offshore Partners ("Greenlight Offshore"), Greenlight Capital (Gold), LP ("Greenlight Gold"), Greenlight Capital Offshore Master (Gold), Ltd. ("Greenlight Gold Offshore") and an account managed by DME (the "Managed Account," and, together with Greenlight Fund, Greenlight Qualified, Greenlight Offshore, Greenlight Gold, Greenlight Gold Offshore, Greenlight LLC, Greenlight Inc., DME GP, DME, DME Management GP and DME CM, the "Greenlight Parties"), in the respective capacities and quantities further described in the footnotes below.
Pursuant to Rule 16a-1 under the Securities Exchange Act of 1934, as amended (the "Act"), Mr. Einhorn and the Greenlight Parties disclaim beneficial ownership of the Common Stock except to the extent of their respective pecuniary interests therein. The filing of this Form 4 shall not be construed as an admission that David Einhorn or any of the Greenlight Parties is or was for the purposes of Section 16(a) of the Act, or otherwise, the beneficial owner of any of the shares of Common Stock owned by Greenlight Fund, Greenlight Qualified, Greenlight Offshore, Greenlight Gold, Greenlight Gold Offshore, or the Managed Account.
Greenlight LLC controls the voting and disposition of 3,330,730 shares of Common Stock through the account of Greenlight Qualified, of which Greenlight LLC is the general partner. As the senior managing member of Greenlight LLC, Mr. Einhorn may be deemed to beneficially own the shares held by Greenlight Qualified.
Greenlight LLC controls the voting and disposition of 1,030,926 shares of Common Stock through the account of Greenlight Fund, of which Greenlight LLC is the general partner. As the senior managing member of Greenlight LLC, Mr. Einhorn may be deemed to beneficially own the shares held by Greenlight Fund.
Greenlight Inc. controls the voting and disposition of 4,514,955 shares of Common Stock held by Greenlight Offshore. Greenlight Inc. is the investment manager of Greenlight Offshore. As the president and director of Greenlight Inc., Mr. Einhorn may be deemed to beneficially own the shares held by Greenlight Offshore.
DME controls the voting and disposition of 750,000 shares of Common Stock through the Managed Account, for which DME serves as the investment manager. As the senior managing member of DME GP, which is the general partner of DME, Mr. Einhorn may be deemed to beneficially own the shares held by the Managed Account.
DME Management GP controls the voting and disposition of 794,376 shares of Common Stock through the account of Greenlight Gold, of which DME Management GP is the general partner. As the senior managing member of DME Management GP, Mr. Einhorn may be deemed to beneficially own the shares held by Greenlight Gold.
DME CM controls the voting and disposition of 312,482 shares of Common Stock through the account of Greenlight Gold Offshore, of which DME CM is the investment manager. As the senior managing member of DME GP, which is the general partner of DME CM, Mr. Einhorn may be deemed to beneficially own the shares held by Greenlight Gold Offshore.
The transactions reported herein represent an internal reallocation of shares of Common Stock.
Exhibit List Exhibit 24: Power of Attorney executed by David Einhorn, authorizing Harry Brandler and Daniel Roitman to sign and file this report, which was filed as Exhibit 99.2 to the Schedule 13G relatig to NCR Corporation filed with the Securities and Exchange Commission on May 24, 2010, is incorporated herein by reference.
/s/ Daniel Roitman, attorney-in-fact for David Einhorn
2012-01-17
/s/ Daniel Roitman, Chief Operating Officer of Greenlight Capital, L.L.C.
2012-01-17
/s/ Daniel Roitman, Chief Operating Officer of Greenlight Capital, Inc.
2012-01-17
/s/ Daniel Roitman, Chief Operating Officer of Greenlight Capital, L.L.C., the General Partner of Greenlight Capital, L.P.
2012-01-17
/s/ Daniel Roitman, Chief Operating Officer of Greenlight Capital, L.L.C., the General Partner of Greenlight Capital Qualified, L.P.
2012-01-17
/s/ Daniel Roitman, Chief Operating Officer of DME Advisors GP, LLC, the General Partner of DME Advisors, L.P.
2012-01-17
/s/ Daniel Roitman, Chief Operating Officer of DME Advisors GP, L.L.C.
2012-01-17
/s/ Daniel Roitman, Chief Operating Officer of DME Capital Management, L.P.
2012-01-17
/s/ Daniel Roitman, Chief Operating Officer of DME Management GP, LLC
2012-01-17
/s/ Daniel Roitman, Chief Operating Officer of Greenlight Capital, Inc., Investment Manager of Greenlight Capital Offshore Partners
2012-01-17