FORM 4 | UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP 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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Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b). |
1. Name and Address of Reporting Person*
(Street)
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2. Issuer Name and Ticker or Trading Symbol
FIRST UNION REAL ESTATE EQUITY & MORTGAGE INVESTMENTS [ FUR ] |
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
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3. Date of Earliest Transaction
(Month/Day/Year)
06/27/2003 |
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4. If Amendment, Date of Original Filed
(Month/Day/Year)
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6. Individual or Joint/Group Filing (Check Applicable Line)
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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) | 2. Transaction Date (Month/Day/Year) | 2A. Deemed Execution Date, if any (Month/Day/Year) | 3. Transaction Code (Instr. 8) | 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) | 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) | 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 7. Nature of Indirect Beneficial Ownership (Instr. 4) | |||
Code | V | Amount | (A) or (D) | Price | ||||||
Shares of Beneficial Interest | 06/27/2003 | 06/27/2003 | S | 5841233 | D | 1.90 | 0 | I ( 1 ) | (1) |
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities) |
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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 Securities Underlying Derivative Security (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: Direct (D) or Indirect (I) (Instr. 4) | 11. Nature of Indirect Beneficial Ownership (Instr. 4) | ||||
Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares |
1. Name and Address of Reporting Person*
(Street)
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1. Name and Address of Reporting Person*
(Street)
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1. Name and Address of Reporting Person*
(Street)
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1. Name and Address of Reporting Person*
(Street)
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1. Name and Address of Reporting Person*
(Street)
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1. Name and Address of Reporting Person*
(Street)
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1. Name and Address of Reporting Person*
(Street)
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1. Name and Address of Reporting Person*
(Street)
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1. Name and Address of Reporting Person*
(Street)
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1. Name and Address of Reporting Person*
(Street)
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Explanation of Responses: |
1 . Amount reported includes (a) 2,873,158 shares held by Gotham Partners, LP ("Gotham"), (b) 2,431,664 shares held by Gotham International Advisors, LLC ("Gotham International"), (c) 58,448 shares held by Gotham Partners III, LP ("Gotham III"), and (d) 477,963 shares held by Gotham Holdings II LLC ("Holdings II"). The general partner of Gotham and Gotham III is Section H Partners, LP ("Section H"). The general partner of Section H is Karenina Corporation ("Karenina") and DPB Corporation ("DBP"). The president of Karenina is William A. Ackman, and the president of DPB is David P. Berkowitz. Ackman is the senior managing member of Gotham International and Gotham Holdings Management, LLC, which is the manager of Holdings II. |
William A. Ackman, on behalf of Gotham Partners III, LP | 07/02/2003 | |
William Ackman, on behalf of Gotham Partners International, Ltd | 07/02/2003 | |
William Ackman, on behalf of Gotham International Advisors, LLC | 07/02/2003 | |
William Ackman, on behalf of Section H Partners, LP | 07/02/2003 | |
William Ackman, on behalf of Gotham Holdings Management LLC | 07/02/2003 | |
William Ackman | 07/02/2003 | |
William Ackman, on behalf of Karenina Corporation | 07/02/2003 | |
William Ackman, on behalf of Gotham Holdings II, LLC | 07/02/2003 | |
David P. Berkowitz | 07/02/2003 | |
David P. Berkowtiz, on behalf of DPB Corporation | 07/02/2003 | |
** Signature of Reporting Person | Date | |
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | ||
* 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). | ||
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. | ||
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 Number. |