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UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940 |
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Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | |||
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 control number. | SEC 1474 (9-02) |
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 Underlying Securities (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 of Derivative Security: Direct (D) or Indirect (I) (Instr. 4) |
11. Nature of Indirect Beneficial Ownership (Instr. 4) |
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Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
DiMaio Ahmad Capital LLC C/O DIMAIO AHMAD CAPITAL LLC 245 PARK AVENUE NEW YORK, NY 10167 |
X | |||
DiMaio Jack C/O DIMAIO AHMAD CAPITAL LLC 245 PARK AVENUE NEW YORK, NY 10167 |
X | |||
Ahmad Nasser C/O DIMAIO AHMAD CAPITAL LLC 245 PARK AVENUE NEW YORK, NY 10167 |
X | |||
DiMaio Ahmad Management LLC C/O DIMAIO AHMAD CAPITAL LLC 245 PARK AVENUE NEW YORK, NY 10167 |
X |
/s/ Nasser Ahmad, authorized signatory for DiMaio Ahmad Capital LLC | 11/05/2007 | |
**Signature of Reporting Person | Date |
* | 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). |
(1) | Lispenard Street Credit (Master) Ltd. ("Lispenard") is the holder of 5,591,760 shares of the Class A common stock, par value $0.01 per share (the "Shares") of SunCom Wireless Holdings, Inc. (which represents less than 10% of the outstanding Shares of SunCom Wireless Holdings, Inc.). Pond View Credit (Master), L.P. ("Pond View") is the holder of 902,938 Shares (which represents less than 10% of the outstanding Shares of SunCom Wireless Holdings, Inc.). DiMaio Ahmad Capital LLC ("DA Capital") is the investment manager of each of Lispenard and Pond View, and possesses the power to vote and direct the disposition of Shares held by Lispenard and Pond View, and may be deemed to be the beneficial owners of all Shares held by Lispenard and Pond View. |
(2) | DiMaio Ahmad Management LLC ("DA Management"), as the managing member of DA Capital, and Messrs. Jack DiMaio and Nasser Ahmad, as the managing members of DA Managment and the managing partners of DA Capital, may be deemed to be the beneficial owners of all Shares held by Lispenard and Pond View. |
(3) | Pursuant to Rule 16a - 1(a)(4) under the Act, each of DA Capital, each Reporting Person herein states that this filing shall not be deemed an admission that he or it was the beneficial owner of any of the Shares covered by this Statement. Each Reporting Person disclaims beneficial ownership of the Shares covered by this Statement, except to the extent of its or his pecuniary interest in such Shares. |