SEC Form 3 · accession 0001140361-16-053478
AMERICAN APPAREL, INC · APP
Statement of changes in beneficial ownership, as filed. Original on EDGAR ↗
Period of report
Feb 5, 2016
Accepted (ET)
Feb 16, 2016 · 6:55 pm EST
Rule 10b5-1 plan
unknown — predates the checkbox
Issuer CIK
0001336545
Table I — non-derivative securities
| Security | Date | Code | Shares | Price | A/D | Owned after | D/I | Nature of ownership |
|---|---|---|---|---|---|---|---|---|
| UnitsF1,F2,F3,F4 | holding | — | — | — | 1,961,349 | I | See footnotes |
Table II — derivative securities
No Table II lines on this filing.
Explanation of responses
- F1This Form 3 is being filed on behalf of Goldman Sachs Asset Management (which is comprised of Goldman Sachs Asset Management, L.P., a Delaware limited partnership and GS Investment Strategies, LLC, a Delaware limited liability company) (collectively, the "Reporting Person").
- F2The Reporting Person or an affiliate is the investment manager of (i) Global Opportunities Offshore Ltd, a Cayman Islands corporation ("Global Offshore"), (ii) Goldman Sachs Trust - Goldman Sachs High Yield Floating Rate Fund, a Delaware Trust ("GS Trust"), (iii) Goldman Sachs Lux Investment Funds - Goldman Sachs High Yield Floating Rate Portfolio, a Luxembourg SICAV ("GS Lux HY"), (iii) Goldman Sachs Lux Investment Funds - Global Multi-Sector Credit Portfolio, a Luxembourg SICAV ("GS Lux CP") and (iv) Global Opportunities LLC, a Delaware limited liability company (together with Global Offshore, GS Trust, GS Lux HY, and GS Lux CP, the "GSAM Funds"), which in the aggregate own 1,961,349 units of American Apparel LLC (formerly American Apparel, Inc.) (the "Issuer") (continued in footnote 3)
- F3that they received pursuant to a Joint Plan of Reorganization of the Issuer and its affiliated co-debtors (the "Plan"), which represent 20.4% of the Units issued under the Plan. The GSAM Funds have the right to appoint one member to the board of directors of the Issuer as further described in the Plan. The Reporting Person, on behalf of the GSAM Funds, has waived such board appointment right and believes that it does not control the Issuer.
- F4For purposes of Rule 13d-3(a) and Rule 16a-1(a) only (and not for any other applicable purpose), GSAM may be deemed to beneficially own an aggregate of 1,961,349 Units, consisting of Units directly held by the GSAM Funds. The Reporting Person disclaims beneficial ownership of the securities reported herein except to the extent of its pecuniary interest therein, if any.