- Statement of Changes in Beneficial Ownership (4)
2009年5月7日 - 8:01AM
Edgar (US Regulatory)
FORM 4
[ ]
Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue.
See
Instruction 1(b).
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UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES
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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(f) of the Investment Company Act of 1940
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1. Name and Address of Reporting Person
*
WC CAPITAL MANAGEMENT LLC
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2. Issuer Name
and
Ticker or Trading Symbol
FIBERNET TELECOM GROUP INC
[
FTGX
]
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5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
_____ Director
__
X
__ 10% Owner
_____ Officer (give title below)
_____ Other (specify below)
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(Last)
(First)
(Middle)
300 DRAKES LANDING RD, STE 230
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3. Date of Earliest Transaction
(MM/DD/YYYY)
5/4/2009
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(Street)
GREENBRAE, CA 94904
(City)
(State)
(Zip)
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4. If Amendment, Date Original Filed
(MM/DD/YYYY)
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6. Individual or Joint/Group Filing
(Check Applicable Line)
_
X
_ Form filed by One Reporting Person
___ Form filed by More than One Reporting Person
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Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
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1.Title of Security
(Instr. 3)
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2. Trans. Date
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2A. Deemed Execution Date, if any
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3. Trans. Code
(Instr. 8)
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4. Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5)
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5. Amount of Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 3 and 4)
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6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4)
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7. Nature of Indirect Beneficial Ownership (Instr. 4)
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Code
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V
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Amount
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(A) or (D)
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Price
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Common Stock
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5/4/2009
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S
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5000
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D
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$10.15
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1535463
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I
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See Notes
(1)
(2)
(3)
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Table II - Derivative Securities Beneficially Owned (
e.g.
, puts, calls, warrants, options, convertible securities)
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1. Title of Derivate Security
(Instr. 3)
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2. Conversion or Exercise Price of Derivative Security
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3. Trans. Date
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3A. Deemed Execution Date, if any
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4. Trans. Code
(Instr. 8)
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5. Number of Derivative Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5)
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6. Date Exercisable and Expiration Date
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7. Title and Amount of Securities Underlying Derivative Security
(Instr. 3 and 4)
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8. Price of Derivative Security
(Instr. 5)
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9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4)
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10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4)
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11. Nature of Indirect Beneficial Ownership (Instr. 4)
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Code
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V
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(A)
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(D)
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Date Exercisable
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Expiration Date
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Title
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Amount or Number of Shares
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Explanation of Responses:
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(
1)
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The securities reported as beneficially owned by WC Capital Management, LLC, a California limited liability company ("WC"),
on this Form 4 include securities also beneficially owned by Aaron H. Braun and Willow Creek Capital Partners, L.P. (the
"Partnership", and collectively with WC and Mr. Braun, the "Filers"). WC is the general partner and investment adviser of
investment limited partnerships, including the Partnership, and the investment adviser to other accounts. Mr. Braun is the
manager and controlling owner of WC.
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(
2)
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These securities are held directly by the investment limited partnerships of which WC is general partner and investment
adviser, including the Partnership, and the other accounts of which it is investment adviser, for the benefit of the
investors in those partnerships and accounts.
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(
3)
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WC is filing this Form 4 on behalf of itself and the other Filers. The Filers are filing this Form 4 jointly, but not as a
group, and each of them expressly disclaims membership in a group within the meaning of rule 13d-5(b)(1) under the
Securities Exchange Act of 1934, as amended. Each of Mr. Braun and WC disclaims beneficial ownership of these securities
except to the extent of that Filer's pecuniary interest therein. In addition, the filing of this Form 4 on behalf of the
Partnership should not be construed as an admission that it is, and it disclaims that it is, the beneficial owner, as
defined in rule 13d-3 under the Securities Exchange Act of 1934, as amended, of any of these securities.
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Reporting Owners
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Reporting Owner Name / Address
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Relationships
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Director
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10% Owner
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Officer
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Other
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WC CAPITAL MANAGEMENT LLC
300 DRAKES LANDING RD
STE 230
GREENBRAE, CA 94904
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X
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Signatures
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WC Capital Management LLC, by Aaron Braun, Manager
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5/6/2009
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**
Signature of Reporting Person
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Date
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Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
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*
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If the form is filed by more than one reporting person,
see
Instruction 4(b)(v).
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**
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Intentional misstatements or omissions of facts constitute Federal Criminal Violations.
See
18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
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Note:
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File three copies of this Form, one of which must be manually signed. If space is insufficient,
see
Instruction 6 for procedure.
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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.
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