UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549INITIAL STATEMENT OF 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. | SEC 1473 (7-02) | ||
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. |
1. Title of Derivative Security (Instr. 4) |
2. Date Exercisable and Expiration Date (Month/Day/Year) |
3. Title and Amount of Securities Underlying Derivative Security (Instr. 4) |
4. Conversion or Exercise Price of Derivative Security | 5. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 5) |
6. Nature of Indirect Beneficial Ownership (Instr. 5) |
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Date Exercisable | Expiration Date | Title | Amount or Number of Shares |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
UBS AG 299 PARK AVENUE NEW YORK, NY 10171 |
 |  |  | See General Remarks |
/s/ David Kelly | 07/25/2007 | |
**Signature of Reporting Person | Date | |
/s/ Edward Buscemi | 07/25/2007 | |
**Signature of Reporting Person | Date |
* | If the form is filed by more than one reporting person, see Instruction 5(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) | On July 17, 2007, A-D Acquisition Holdings, LLC (an affiliate of Appaloosa Management LP("Appaloosa")), UBS Securities LLC, Harbinger Del-Auto Investment Company, Ltd. (an affiliate of Harbinger Capital Master Fund I, Ltd. ("Harbinger")), Merrill Lynch, Pierce, Fenner & Smith Incorporated ("Merrill"), Goldman Sachs & Co. ("GS") and Pardus DPH Holding LLC (an affiliate of Pardus Special Opportunities Master Fund L.P. ("Pardus")) delivered to the Issuer a proposal, which the Issuer accepted (subject to bankruptcy court approval), for a potential investment set forth in that certain Equity Purchase and Commitment Agreement and certain related agreements. |
(2) | As a result of this proposal and related agreements, the Reporting Person may be deemed to be the beneficial owner of shares of the Common Stock beneficially owned by Appaloosa, Harbinger, Merrill, Pardus and GS (collectively, with UBS Securities LLC, the "New Investors"). Based on information provided to the Reporting Person and in Schedules 13D filed by other New Investors, Appaloosa and its related entities beneficially own 52,000,000 shares, Harbinger and its related entities beneficially own 26,450,000 shares, Merrill and its related entities beneficially own 1,475,701 shares, Pardus and its related entities beneficially own 26,400,000 shares and GS and its related entities beneficially own 20,219,188 shares. The total percentage of the outstanding shares of Common Stock beneficially owned by all of the New Investors and their related entities is approximately 23.31%. |
 Remarks: May be deemed to be a member of a group within the meaning of Section 13(d) of the Exchange Act of 1934 with more than 10% beneficial ownership. |