13D Filing: Tontine Capital Partners LP and Patrick Industries Inc (PATK)

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(b)         1. Sole power to vote or direct vote:  -0-

 

2. Shared power to vote or direct vote: -0-

 

3. Sole power to dispose or direct the disposition: -0-

 

4. Shared power to dispose or direct the disposition: -0-

 

(c)          TAA has not engaged in any transactions in Common Stock in the last 60 days.

 

(d)         Mr. Gendell is the Managing Member of TAA and in that capacity directs its operations.

 

(e)          Not applicable.

 

 

 

E.             Tontine Associates, L.L.C.

 

(a)         Aggregate number of shares beneficially owned: 122,359.   Percentage:  0.7%.

 

(b)         1. Sole power to vote or direct vote:  122,359

 

2. Shared power to vote or direct vote: -0-

 

3. Sole power to dispose or direct the disposition: 122,359

 

4. Shared power to dispose or direct the disposition: -0-

 

(c)          TA has not engaged in any transactions in Common Stock in the last 60 days.

 

(d)         Mr. Gendell is the Managing Member of TA and in that capacity directs its operations.

 

(e)          Not applicable.

 

 

 

F.              Jeffrey L. Gendell

 

(a)         Aggregate number of shares beneficially owned: 896,439.  Percentage: 5.3%

 

(b)         1. Sole power to vote or direct vote:  -0-

 

2. Shared power to vote or direct vote: 896,439

 

3. Sole power to dispose or direct the disposition:  -0-

 

4. Shared power to dispose or direct the disposition: 896,439

 

(c)          Mr. Gendell has not engaged in any transactions in Common Stock in the last 60 days.

 

(d)         Not applicable.

 

(e)          Not applicable.

 

 

Item 6.

Contracts, Arrangements, Understandings or Relationships with Respect to Securities of the Issuer

 

 

 

A. Initial Securities Purchase Agreement

 

 

 

On April 10, 2007, TCP, Tontine Capital Overseas Master Fund, L.P., a Cayman Islands limited partnership (TMF), and the Company entered into a Securities Purchase Agreement (the Initial Securities Purchase Agreement) which, among other things, provided for the purchase by TCP and TMF of shares of Common Stock and Senior Subordinated Promissory Notes of the Company.  The closing of the transactions contemplated by the Initial Securities Purchase Agreement occurred on May 18, 2007.  Pursuant to the Initial Securities Purchase Agreement, the Company approved the acquisition by the Reporting Persons of up to 40% of its outstanding Common Stock, on a fully diluted basis, such that the Reporting Persons would not be subject to certain restrictions set forth in the Indiana Business Corporation Law (the IBCL).  The Company also agreed that it would not revoke such approval and that it will use its best efforts to ensure that any future acquisitions by TCP and TMF (up to 40% of the outstanding Common Stock on a fully diluted basis) would not be subject to anti-takeover provisions included in any of the Companys organizational documents or the laws and regulations of any governmental authority.  The Initial Securities Purchase Agreement also contained standard

 

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