Page 11 of 14 – SEC Filing
SCHEDULE 13D
Item 1. Security and Issuer
The Schedule 13D filed with the U.S. Securities and Exchange Commission (SEC) on September 24, 1990, as previously amended (the Initial 13D), is hereby further amended to furnish the additional information set forth in this Amendment No. 40 to the Initial 13D. All capitalized terms contained herein but not otherwise defined shall have the meanings ascribed to such terms in the Initial 13D.
Item 5. Interest in Securities of the Issuer
Items 5(a) and 5(b) of the Initial 13D are hereby amended and restated as follows:
(a) The Reporting Persons may be deemed to beneficially own, in the aggregate, 120,490,760 Depositary Units, representing approximately 89.75% of the Issuers outstanding Depositary Units (based upon: (i) the 131,481,059 Depositary Units stated to be outstanding as of February 29, 2016 by the Issuer in the Issuers Form 10-K filing filed with the Securities and Exchange Commission on February 29, 2016; plus (ii) the 2,771,575 Depositary Units issued to the Reporting Persons by the Issuer on April 12, 2016 in connection with a regular quarterly distribution of Depositary Units by the Issuer).
(b) CCI Onshore has sole voting power and sole dispositive power with respect to 29,288,688 Depositary Units, representing approximately 21.82% of the Issuers outstanding Depositary Units (based upon: (i) the 131,481,059 Depositary Units stated to be outstanding as of February 29, 2016 by the Issuer in the Issuers Form 10-K filing filed with the Securities and Exchange Commission on February 29, 2016; plus (ii) the 2,771,575 Depositary Units issued to the Reporting Persons by the Issuer on April 12, 2016 in connection with a regular quarterly distribution of Depositary Units by the Issuer). Pursuant to Rule 13d-3(a) under the Exchange Act, each of High Coast, Little Meadow and Mr. Icahn (by virtue of their relationships to CCI Onshore) may be deemed to indirectly beneficially own the Depositary Units which CCI Onshore owns. Each of High Coast, Little Meadow and Mr. Icahn disclaims beneficial ownership of the Depositary Units for all other purposes.
Gascon has sole voting power and sole dispositive power with respect to 17,796,627 Depositary Units, representing approximately 13.26% of the Issuers outstanding Depositary Units (based upon: (i) the 131,481,059 Depositary Units stated to be outstanding as of February 29, 2016 by the Issuer in the Issuers Form 10-K filing filed with the Securities and Exchange Commission on February 29, 2016; plus (ii) the 2,771,575 Depositary Units issued to the Reporting Persons by the Issuer on April 12, 2016 in connection with a regular quarterly distribution of Depositary Units by the Issuer). Pursuant to Rule 13d-3(a) under the Exchange Act, each of Little Meadow and Mr. Icahn (by virtue of their relationships to Gascon) may be deemed to indirectly beneficially own the Depositary Units which Gascon owns. Each of Little Meadow and Mr. Icahn disclaims beneficial ownership of the Depositary Units for all other purposes.
High Coast has sole voting power and sole dispositive power with respect to 53,648,805 Depositary Units, representing approximately 39.96% of the Issuers outstanding Depositary Units (based upon: (i) the 131,481,059 Depositary Units stated to be outstanding as of February 29, 2016 by the Issuer in the Issuers Form 10-K filing filed with the Securities and Exchange Commission on February 29, 2016; plus (ii) the 2,771,575 Depositary Units issued to the Reporting Persons by the Issuer on April 12, 2016 in connection with a regular quarterly distribution of Depositary Units by the Issuer). Pursuant to Rule 13d-3(a) under the Exchange Act, each of Little Meadow and Mr. Icahn (by virtue of their relationships to High Coast) may be deemed to indirectly beneficially own the Depositary Units which High Coast owns. Each of Little Meadow and Mr. Icahn disclaims beneficial ownership of the Depositary Units for all other purposes.
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SCHEDULE 13D
Item 1. Security and Issuer
The Schedule 13D filed with the U.S. Securities and Exchange Commission (SEC) on September 24, 1990, as previously amended (the Initial 13D), is hereby further amended to furnish the additional information set forth in this Amendment No. 40 to the Initial 13D. All capitalized terms contained herein but not otherwise defined shall have the meanings ascribed to such terms in the Initial 13D.
Item 5. Interest in Securities of the Issuer
Items 5(a) and 5(b) of the Initial 13D are hereby amended and restated as follows:
(a) The Reporting Persons may be deemed to beneficially own, in the aggregate, 120,490,760 Depositary Units, representing approximately 89.75% of the Issuers outstanding Depositary Units (based upon: (i) the 131,481,059 Depositary Units stated to be outstanding as of February 29, 2016 by the Issuer in the Issuers Form 10-K filing filed with the Securities and Exchange Commission on February 29, 2016; plus (ii) the 2,771,575 Depositary Units issued to the Reporting Persons by the Issuer on April 12, 2016 in connection with a regular quarterly distribution of Depositary Units by the Issuer).
(b) CCI Onshore has sole voting power and sole dispositive power with respect to 29,288,688 Depositary Units, representing approximately 21.82% of the Issuers outstanding Depositary Units (based upon: (i) the 131,481,059 Depositary Units stated to be outstanding as of February 29, 2016 by the Issuer in the Issuers Form 10-K filing filed with the Securities and Exchange Commission on February 29, 2016; plus (ii) the 2,771,575 Depositary Units issued to the Reporting Persons by the Issuer on April 12, 2016 in connection with a regular quarterly distribution of Depositary Units by the Issuer). Pursuant to Rule 13d-3(a) under the Exchange Act, each of High Coast, Little Meadow and Mr. Icahn (by virtue of their relationships to CCI Onshore) may be deemed to indirectly beneficially own the Depositary Units which CCI Onshore owns. Each of High Coast, Little Meadow and Mr. Icahn disclaims beneficial ownership of the Depositary Units for all other purposes.
Gascon has sole voting power and sole dispositive power with respect to 17,796,627 Depositary Units, representing approximately 13.26% of the Issuers outstanding Depositary Units (based upon: (i) the 131,481,059 Depositary Units stated to be outstanding as of February 29, 2016 by the Issuer in the Issuers Form 10-K filing filed with the Securities and Exchange Commission on February 29, 2016; plus (ii) the 2,771,575 Depositary Units issued to the Reporting Persons by the Issuer on April 12, 2016 in connection with a regular quarterly distribution of Depositary Units by the Issuer). Pursuant to Rule 13d-3(a) under the Exchange Act, each of Little Meadow and Mr. Icahn (by virtue of their relationships to Gascon) may be deemed to indirectly beneficially own the Depositary Units which Gascon owns. Each of Little Meadow and Mr. Icahn disclaims beneficial ownership of the Depositary Units for all other purposes.
High Coast has sole voting power and sole dispositive power with respect to 53,648,805 Depositary Units, representing approximately 39.96% of the Issuers outstanding Depositary Units (based upon: (i) the 131,481,059 Depositary Units stated to be outstanding as of February 29, 2016 by the Issuer in the Issuers Form 10-K filing filed with the Securities and Exchange Commission on February 29, 2016; plus (ii) the 2,771,575 Depositary Units issued to the Reporting Persons by the Issuer on April 12, 2016 in connection with a regular quarterly distribution of Depositary Units by the Issuer). Pursuant to Rule 13d-3(a) under the Exchange Act, each of Little Meadow and Mr. Icahn (by virtue of their relationships to High Coast) may be deemed to indirectly beneficially own the Depositary Units which High Coast owns. Each of Little Meadow and Mr. Icahn disclaims beneficial ownership of the Depositary Units for all other purposes.
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