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4//SEC Filing

FIFTH BERKSHIRE ASSOCIATES LLC 4

Accession 0001209191-09-039011

CIK 0001295557other

Filed

Aug 3, 8:00 PM ET

Accepted

Aug 4, 8:01 PM ET

Size

20.1 KB

Accession

0001209191-09-039011

Insider Transaction Report

Form 4
Period: 2009-08-04
Transactions
  • Other

    Common Stock

    2009-08-04$7.97/sh203,108$1,617,958703,833 total
  • Other

    Common Stock

    2009-08-04$7.97/sh1,978,712$15,762,4206,856,860 total(indirect: See Footnote)
  • Other

    Common Stock

    2009-08-04$7.97/sh1,818,180$14,483,6226,300,566 total(indirect: See Footnote)
  • Other

    Common Stock

    2009-08-04$7.97/sh+175,398$1,397,220489,164 total
Footnotes (6)
  • [F1]On August 4, 2009, Berkshire Fund V, Limited Partnership ("Fund V"), Berkshire Fund VI, Limited Partnership ("Fund VI"), and Berkshire Investors LLC ("Investors") distributed a total of 4,000,000 shares of common stock of the Issuer (the "Common Stock") pro rata to the partners and members of Fund V, Fund VI and Investors, of which 1,818,180 were directly held by Fund V, 1,978,712 were directly held by Fund VI, and 203,108 were directly held by Investors.
  • [F2]The price listed in the table above is the designated price per share distributed in the pro rata distribution pursuant to the governing documents of Fund V, Fund VI and Investors. No consideration was paid to Fund V, Fund VI, or Investors in connection with the distribution.
  • [F3]Fifth Berkshire Associates LLC ("FBA"), as the sole general partner of Fund V, may be deemed to share voting and dispositive power with respect to the 6,300,566 shares of common stock directly held by Fund V. FBA disclaims beneficial ownership of such shares of Common Stock except to the extent of its pecuniary interest in such shares.
  • [F4]Sixth Berkshire Associates LLC ("SBA"), as the sole general partner of Fund VI may be deemed to share voting and dispositive power with respect to the 6,856,860 shares of common stock directly held by Fund VI. SBA disclaims beneficial ownership of such shares of Common Stock except to the extent of its pecuniary interest in such shares.
  • [F5]Investors directly holds 703,833 shares of common stock and may be deemed to be, but does not admit to be, a member of a "group holding over 10% of the outstanding common stock of the Issuer for purposes of Section 13(d)(3) of the Exchange Act".
  • [F6]On August 4, 2009, Berkshire Partners LLC ("Partners"), received 175,398 shares of Common Stock from a pro rata distribution by Fund VI . Partners directly holds 489,164 shares of common stock and may be deemed to be, but does not admit to be, a member of a "group holding over 10% of the outstanding common stock of the Issuer for purposes of Section 13(d)(3) of the Exchange Act".

Issuer

BARE ESCENTUALS INC

CIK 0001295557

Entity typeother
IncorporatedMA

Related Parties

1
  • filerCIK 0001267860

Filing Metadata

Form type
4
Filed
Aug 3, 8:00 PM ET
Accepted
Aug 4, 8:01 PM ET
Size
20.1 KB