ATHEROGENICS INC 4
4 · ATHEROGENICS INC · Filed Feb 7, 2007
Insider Transaction Report
Form 4
ATHEROGENICS INCAGIX
ATTICUS CAPITAL LLC
10% Owner
Transactions
- OtherSwap
Total Return Equity Swap
2007-02-05+1→ 1 total(indirect: See Footnote)Exercise: $11.59→ Common Stock (100,000 underlying)
Footnotes (5)
- [F1]Effective February 5, 2007, various Funds and Accounts (as defined in Note 4) entered into long positions in total return equity swaps with a securities broker in respect of an aggregate of 100,000 notional shares of Common Stock at a price of $11.5868 per notional share.
- [F2]Not applicable. The total return equity swaps will cash settle one year or more from the date of entering into the swap, except as otherwise settled or extended, or as otherwise provided in accordance with the terms of the related ISDA master agreement or annexes thereto.
- [F3]This statement is being filed by Atticus Management LLC, f/k/a Atticus Capital, L.L.C., a Delaware limited liability company ("Atticus Management"). Atticus Capital LP, a Delaware limited partnership ("Atticus Capital") and Timothy R. Barakett are additional reporting persons.
- [F4]Mr. Barakett is the Chairman, Chief Executive Officer and Managing Member of Atticus Management. Atticus Management is the sole general partner of Atticus Capital. Atticus Capital, together with certain of its affiliated entities (collectively, the "Atticus Entities"), acts as adviser for various investment funds (the "Funds") and managed accounts (the "Accounts"). Based on his relationship with the Atticus Entities, Mr. Barakett may be deemed to be a beneficial owner of the securities owned by the Funds and the Accounts for purposes of Rule 16a-1(a)(1) under the Securities Exchange Act of 1934. Mr. Barakett, Atticus Management and Atticus Capital disclaim beneficial ownership within the meaning of Rule 16a-1(a)(2) under the Securities Exchange Act of 1934 in the securities owned by the Funds and the Accounts except to the extent, if any, of their pecuniary interest therein.
- [F5]Refers to total return equity swaps reported here.