UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
SCHEDULE 13D
(RULE 13D-101)
INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT TO RULE 13D-1(a) AND
AMENDMENTS THERETO FILED PURSUANT TO RULE 13D-2(a)
(AMENDMENT NO. 7)*
MOHAWK INDUSTRIES, INC.
-----------------------
(Name of Issuer)
COMMON STOCK, PAR VALUE $0.01 PER SHARE
---------------------------------------
(Title of Class of Securities)
60819010
--------
(CUSIP Number)
MR. S.H. SHARPE
2001 ANTIOCH ROAD
DALTON, GEORGIA 30721
(706) 277-1100
--------------
(Name, Address and Telephone Number of Person
Authorized to Receive Notices and Communications)
NOVEMBER 24, 2003
-----------------
(Date of Event Which Requires
Filing of this Statement)
If the filing person has previously filed a statement on Schedule 13G to report
the acquisition that is the subject of this Schedule 13D, and is filing this
schedule because of Rule 13d-1(e), 13d-1(f) or 13d-1(g), check the following box
[ ].
NOTE: Schedules filed in paper format shall include a signed original and five
copies of the schedule, including all exhibits. See Rule 13d-7(b) for other
parties to whom copies are to be sent.
* The remainder of this cover page shall be filled out for a reporting person's
initial filing on this form with respect to the subject class of securities, and
for any subsequent amendment containing information which would alter disclosure
provided in a prior cover page.
The information required on the remainder of this cover page shall not be deemed
to be "filed" for the purpose of Section 18 of the Securities Exchange Act of
1934 (the "Act") or otherwise subject to the liabilities of that section of the
Act but shall be subject to all other provisions of the Act (however, see the
Notes).
CUSIP NO. 60819010 Page 2 of 16 Pages
1. NAME OF REPORTING PERSON
S.S. OR IRS IDENTIFICATION NO. OF ABOVE PERSON
Alan S. Lorberbaum
2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ]
(b) [X]
3. SEC USE ONLY
4. SOURCE OF FUNDS*
Not applicable
5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
PURSUANT TO ITEMS 2(d) or 2(e) [ ]
6. CITIZENSHIP OR PLACE OF ORGANIZATION
United States
------------------------- ------------------------------------------------------
NUMBER OF SHARES 7. SOLE VOTING POWER 0
BENEFICIALLY OWNED ------------------------------------------------------
BY EACH REPORTING 8. SHARED VOTING POWER 242,450
PERSON WITH ------------------------------------------------------
9. SOLE DISPOSITIVE POWER 0
------------------------------------------------------
10. SHARED DISPOSITIVE POWER 242,450
------------------------- ------------------------------------------------------
11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
242,450
12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
CERTAIN SHARES* [ ]
13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
.4% [Based upon 66,484,455 shares of Common Stock outstanding
as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on Form 10-Q
for the period ended September 27, 2003.]
14. TYPE OF REPORTING PERSON*
IN
*SEE INSTRUCTIONS BEFORE FILLING OUT!
CUSIP NO. 60819010 Page 3 of 16 Pages
1. NAME OF REPORTING PERSON
S.S. OR IRS IDENTIFICATION NO. OF ABOVE PERSON
Jeffrey S. Lorberbaum
2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ]
(b) [X]
3. SEC USE ONLY
4. SOURCE OF FUNDS*
Not applicable
5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
PURSUANT TO ITEMS 2(d) or 2(e) [ ]
6. CITIZENSHIP OR PLACE OF ORGANIZATION
United States
----------------------- --------------------------------------------------------
NUMBER OF SHARES 7. SOLE VOTING POWER 10,253,625
BENEFICIALLY OWNED --------------------------------------------------------
BY EACH REPORTING 8. SHARED VOTING POWER 2,978,054
PERSON WITH --------------------------------------------------------
9. SOLE DISPOSITIVE POWER 10,253,625
--------------------------------------------------------
10. SHARED DISPOSITIVE POWER 2,978,054
--------------------------------------------------------------------------------
11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
13,231,679
12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
CERTAIN SHARES* [ ]
13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
19.9% [Based upon 66,484,455 shares of Common Stock
outstanding as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on
Form 10-Q for the period ended September 27, 2003.]
14. TYPE OF REPORTING PERSON*
IN
*SEE INSTRUCTIONS BEFORE FILLING OUT!
CUSIP NO. 60819010 Page 4 of 16 Pages
1. NAME OF REPORTING PERSON
S.S. OR IRS IDENTIFICATION NO. OF ABOVE PERSON
Mark Lorberbaum
2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ]
(b) [X[
3. SEC USE ONLY
4. SOURCE OF FUNDS*
Not applicable
5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
PURSUANT TO ITEMS 2(d) or 2(e) [ ]
6. CITIZENSHIP OR PLACE OF ORGANIZATION
United States
------------------------- ------------------------------------------------------
NUMBER OF SHARES 7. SOLE VOTING POWER 29,726
BENEFICIALLY OWNED ------------------------------------------------------
BY EACH REPORTING 8. SHARED VOTING POWER 2,978,054
PERSON WITH ------------------------------------------------------
9. SOLE DISPOSITIVE POWER 29,726
------------------------------------------------------
10. SHARED DISPOSITIVE POWER 2,978,054
------------------------- ------------------------------------------------------
11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
3,007,780
12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
CERTAIN SHARES* [ ]
13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
4.5% [Based upon 66,484,455 shares of Common Stock outstanding
as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on Form 10-Q
for the period ended September 27, 2003.]
14. TYPE OF REPORTING PERSON*
IN
*SEE INSTRUCTIONS BEFORE FILLING OUT!
CUSIP NO. 60819010 Page 5 of 16 Pages
1. NAME OF REPORTING PERSON
S.S. OR IRS IDENTIFICATION NO. OF ABOVE PERSON
Suzanne L. Helen
2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ]
(b) [X]
3. SEC USE ONLY
4. SOURCE OF FUNDS*
Not applicable
5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
PURSUANT TO ITEMS 2(d) or 2(e) [ ]
6. CITIZENSHIP OR PLACE OF ORGANIZATION
United States
------------------------- ------------------------------------------------------
NUMBER OF SHARES 7. SOLE VOTING POWER 98,635
BENEFICIALLY OWNED ------------------------------------------------------
BY EACH REPORTING 8. SHARED VOTING POWER 2,978,054
PERSON WITH ------------------------------------------------------
9. SOLE DISPOSITIVE POWER 98,635
------------------------------------------------------
10. SHARED DISPOSITIVE POWER 2,978,054
------------------------- ------------------------------------------------------
11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
3,076,689
12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
CERTAIN SHARES* [ ]
13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
4.6% [Based upon 66,484,455 shares of Common Stock outstanding
as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on Form 10-Q
for the period ended September 27, 2003.]
14. TYPE OF REPORTING PERSON*
IN
*SEE INSTRUCTIONS BEFORE FILLING OUT!
CUSIP NO. 60819010 Page 6 of 16 Pages
1. NAME OF REPORTING PERSON
S.S. OR IRS IDENTIFICATION NO. OF ABOVE PERSON
The Alan S. Lorberbaum Family Foundation
58-6368036
2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ]
(b) [X]
3. SEC USE ONLY
4. SOURCE OF FUNDS*
Not applicable
5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
PURSUANT TO ITEMS 2(d) or 2(e) [ ]
6. CITIZENSHIP OR PLACE OF ORGANIZATION
United States
------------------------ -------------------------------------------------------
NUMBER OF SHARES 7. SOLE VOTING POWER 242,450
BENEFICIALLY OWNED -------------------------------------------------------
BY EACH REPORTING 8. SHARED VOTING POWER 0
PERSON WITH -------------------------------------------------------
9. SOLE DISPOSITIVE POWER 242,450
-------------------------------------------------------
10. SHARED DISPOSITIVE POWER 0
------------------------ -------------------------------------------------------
11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
242,450
12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
CERTAIN SHARES* [ ]
13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
.4% [Based upon 66,484,455 shares of Common Stock outstanding
as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on Form 10-Q
for the period ended September 27, 2003.]
14. TYPE OF REPORTING PERSON*
OO
*SEE INSTRUCTIONS BEFORE FILLING OUT!
CUSIP NO. 60819010 Page 7 of 16 Pages
1. NAME OF REPORTING PERSON
S.S. OR IRS IDENTIFICATION NO. OF ABOVE PERSON
Aladdin Partners, L.P.
58-2237243
2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ]
(b) [X]
3. SEC USE ONLY
4. SOURCE OF FUNDS*
Not applicable
5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
PURSUANT TO ITEMS 2(d) or 2(e) [ ]
6. CITIZENSHIP OR PLACE OF ORGANIZATION
United States
-------------------------- -----------------------------------------------------
NUMBER OF SHARES 7. SOLE VOTING POWER 9,900,000
BENEFICIALLY OWNED -----------------------------------------------------
BY EACH REPORTING 8. SHARED VOTING POWER 0
PERSON WITH -----------------------------------------------------
9. SOLE DISPOSITIVE POWER 9,900,000
-----------------------------------------------------
10. SHARED DISPOSITIVE POWER 0
-------------------------- -----------------------------------------------------
11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
9,900,000
12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
CERTAIN SHARES* [ ]
13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
14.9% [Based upon 66,484,455 shares of Common Stock
outstanding as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on
Form 10-Q for the period ended September 27, 2003.]
14. TYPE OF REPORTING PERSON*
PN
*SEE INSTRUCTIONS BEFORE FILLING OUT!
CUSIP NO. 60819010 Page 8 of 16 Pages
1. NAME OF REPORTING PERSON
S.S. OR IRS IDENTIFICATION NO. OF ABOVE PERSON
ASL Management Corporation
58-2235816
2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ]
(b) [X]
3. SEC USE ONLY
4. SOURCE OF FUNDS*
Not applicable
5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
PURSUANT TO ITEMS 2(d) or 2(e) [ ]
6. CITIZENSHIP OR PLACE OF ORGANIZATION
United States
------------------------ -------------------------------------------------------
NUMBER OF SHARES 7. SOLE VOTING POWER 9,900,000
BENEFICIALLY OWNED -------------------------------------------------------
BY EACH REPORTING 8. SHARED VOTING POWER 0
PERSON WITH -------------------------------------------------------
9. SOLE DISPOSITIVE POWER 9,900,000
-------------------------------------------------------
10. SHARED DISPOSITIVE POWER 0
------------------------ -------------------------------------------------------
11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
9,900,000
12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
CERTAIN SHARES* [ ]
13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
14.9% [Based upon 66,484,455 shares of Common Stock
outstanding as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on
Form 10-Q for the period ended September 27, 2003.]
14. TYPE OF REPORTING PERSON*
CO
*SEE INSTRUCTIONS BEFORE FILLING OUT!
CUSIP NO. 60819010 Page 9 of 16 Pages
1. NAME OF REPORTING PERSON
S.S. OR IRS IDENTIFICATION NO. OF ABOVE PERSON
JMS Group Limited Partnership
58-2543689
2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ]
(b) [X]
3. SEC USE ONLY
4. SOURCE OF FUNDS*
Not applicable
5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
PURSUANT TO ITEMS 2(d) or 2(e) [ ]
6. CITIZENSHIP OR PLACE OF ORGANIZATION
United States
------------------------ -------------------------------------------------------
NUMBER OF SHARES 7. SOLE VOTING POWER 2,735,604
BENEFICIALLY OWNED -------------------------------------------------------
BY EACH REPORTING 8. SHARED VOTING POWER 0
PERSON WITH -------------------------------------------------------
9. SOLE DISPOSITIVE POWER 2,735,604
-------------------------------------------------------
10. SHARED DISPOSITIVE POWER 0
------------------------ -------------------------------------------------------
11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
2,735,604
12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
CERTAIN SHARES* [ ]
13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
4.1% [Based upon 66,484,455 shares of Common Stock outstanding
as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on Form 10-Q
for the period ended September 27, 2003.]
14. TYPE OF REPORTING PERSON*
PN
*SEE INSTRUCTIONS BEFORE FILLING OUT!
CUSIP NO. 60819010 Page 10 of 16 Pages
1. NAME OF REPORTING PERSON
S.S. OR IRS IDENTIFICATION NO. OF ABOVE PERSON
SJL Management Company, LLC
58-2541963
2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ]
(b) [X]
3. SEC USE ONLY
4. SOURCE OF FUNDS*
Not applicable
5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
PURSUANT TO ITEMS 2(d) or 2(e) [ ]
6. CITIZENSHIP OR PLACE OF ORGANIZATION
United States
------------------------- ------------------------------------------------------
NUMBER OF SHARES 7. SOLE VOTING POWER 2,735,604
BENEFICIALLY OWNED ------------------------------------------------------
BY EACH REPORTING 8. SHARED VOTING POWER 0
PERSON WITH ------------------------------------------------------
9. SOLE DISPOSITIVE POWER 2,735,604
------------------------------------------------------
10. SHARED DISPOSITIVE POWER 0
------------------------- ------------------------------------------------------
11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
2,735,604
12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
CERTAIN SHARES* [ ]
13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
4.1% [Based upon 66,484,455 shares of Common Stock outstanding
as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on Form 10-Q
for the period ended September 27, 2003.]
14. TYPE OF REPORTING PERSON*
OO
*SEE INSTRUCTIONS BEFORE FILLING OUT!
CUSIP NO. 60819010 Page 11 of 16 Pages
1. NAME OF REPORTING PERSON
S.S. OR IRS IDENTIFICATION NO. OF ABOVE PERSON
Cuddy Holdings LP
46-0509050
2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ]
(b) [X]
3. SEC USE ONLY
4. SOURCE OF FUNDS*
Not applicable
5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
PURSUANT TO ITEMS 2(d) or 2(e) [ ]
6. CITIZENSHIP OR PLACE OF ORGANIZATION
United States
------------------------ -------------------------------------------------------
NUMBER OF SHARES 7. SOLE VOTING POWER 140,000
BENEFICIALLY OWNED -------------------------------------------------------
BY EACH REPORTING 8. SHARED VOTING POWER 0
PERSON WITH -------------------------------------------------------
9. SOLE DISPOSITIVE POWER 140,000
-------------------------------------------------------
10. SHARED DISPOSITIVE POWER 0
------------------------ -------------------------------------------------------
11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
140,000
12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
CERTAIN SHARES* [ ]
13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
.2% [Based upon 66,484,455 shares of Common Stock outstanding
as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on Form 10-Q
for the period ended September 27, 2003.]
14. TYPE OF REPORTING PERSON*
PN
*SEE INSTRUCTIONS BEFORE FILLING OUT!
CUSIP NO. 60819010 Page 12 of 16 Pages
1. NAME OF REPORTING PERSON
S.S. OR IRS IDENTIFICATION NO. OF ABOVE PERSON
Helm Management Corporation
75-3088381
2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ]
(b) [X]
3. SEC USE ONLY
4. SOURCE OF FUNDS*
Not applicable
5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
PURSUANT TO ITEMS 2(d) or 2(e) [ ]
6. CITIZENSHIP OR PLACE OF ORGANIZATION
United States
-------------------------- -----------------------------------------------------
NUMBER OF SHARES 7. SOLE VOTING POWER 140,000
BENEFICIALLY OWNED -----------------------------------------------------
BY EACH REPORTING 8. SHARED VOTING POWER 0
PERSON WITH -----------------------------------------------------
9. SOLE DISPOSITIVE POWER 140,000
-----------------------------------------------------
10. SHARED DISPOSITIVE POWER 0
-------------------------- -----------------------------------------------------
11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
140,000
12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
CERTAIN SHARES* [ ]
13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
.2% [Based upon 66,484,455 shares of Common Stock outstanding
as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on Form 10-Q
for the period ended September 27, 2003.]
14. TYPE OF REPORTING PERSON*
CO
*SEE INSTRUCTIONS BEFORE FILLING OUT!
CUSIP NO. 60819010 Page 13 of 16 Pages
AMENDMENT NO. 7 TO SCHEDULE 13D
This Amendment No. 7 to Schedule 13D is being jointly filed by Alan S.
Lorberbaum, Jeffrey S. Lorberbaum, Mark Lorberbaum, Suzanne L. Helen, Aladdin
Partners, L.P., ASL Management Corporation, JMS Group Limited Partnership, SJL
Management Company, LLC, The Alan S. Lorberbaum Family Foundation, Cuddy
Holdings LP and Helm Management Corporation, pursuant to a Joint Filing
Agreement dated March 7, 2003, to amend, in accordance with Rule 101(a)(2)(ii)
of Regulation S-T, the Statement on Schedule 13D jointly filed on March 7, 1994,
as amended by Amendment No. 1 filed on April 6, 1994, as amended by Amendment
No. 2 filed on February 7, 1995, as amended by Amendment No. 3 filed on June 28,
1996, as amended by Amendment No. 4 filed on February 25, 1998, as amended by
Amendment No. 5 filed on January 18, 2002 and as amended by Amendment No. 6
filed on March 10, 2003 (this Amendment No. 7 and the previous filings on
Schedule 13D herein referred to as the "Schedule 13D"). The original filing and
Amendment Nos. 1 through 4 were filed by Alan S. Lorberbaum, Shirley Lorberbaum
(deceased), Jeffrey S. Lorberbaum, Mark Lorberbaum, Suzanne L. Helen, S.H.
Sharpe, Joseph Yarbrough, The Jeffrey Lorberbaum Life Trust, The Mark Lorberbaum
Life Trust, The Suzanne L. Helen Life Accumulation Trust, Stephen Sharpe, Lynne
Mozley, The Lauren A. Lorberbaum Accumulation Trust, The Brian Lorberbaum
Accumulation Trust, The Katherine N. Helen Accumulation Trust, The Jan Erik
Helen Accumulation Trust, Barry L. Hoffman, Aladdin Partners, L.P., and ASL
Management Corporation pursuant to a joint Filing Agreement dated as of March 7,
1994. Shirley Lorberbaum (deceased), S.H. Sharpe, Joseph Yarbrough, The Jeffrey
Lorberbaum Life Trust, The Mark Lorberbaum Life Trust, The Suzanne L. Helen Life
Accumulation Trust, Stephen Sharpe, Lynne Mozley, The Lauren A. Lorberbaum
Accumulation Trust, The Brian Lorberbaum Accumulation Trust, The Katherine N.
Helen Accumulation Trust, The Jan Erik Helen Accumulation Trust and Barry L.
Hoffman are no longer considered part of the "group" for reporting on a Schedule
13D.
Amendment No. 7 to the Schedule 13D is being filed to amend information
provided in Item 5 relating to a disposition transaction by JMS Group Limited
Partnership on November 24, 2003. Reference is made to previously filed
amendments to the Schedule 13D for information in Items not appearing in this
filing as a result of there being no changes in those Items.
Item 5. Interest in Securities of the Issuer.
Item 5 is amended and supplemented by replacing the information
previously filed with the following:
(a) (b) Schedule I hereto sets forth the number of shares of Common
Stock owned of record and which may be deemed to be beneficially owned by each
of the Reporting Persons, and is incorporated herein by this reference.
In the aggregate, the Reporting Persons may be deemed beneficially to
own 13,360,040 shares of Common Stock, or 20.0% ( based on 66,484,455 shares of
Common Stock outstanding as of October 31, 2003 as disclosed in Mohawk's
Quarterly Report on Form 10 Q for the period ended September 27, 2003 plus
exercisable options held by Jeffrey and Mark). Each Reporting Person listed in
Item 5(a) hereby expressly declares that the filing of this statement shall not
be construed as an admission that such Reporting Person is, for purposes of
Section 13(d) or 13(g) of the Securities Exchange Act of 1934, as amended (the
"Exchange
CUSIP NO. 60819010 Page 14 of 16 Pages
Act"), the beneficial owner of any of the listed securities, except with respect
to shares of Common Stock for which each Reporting Person has sole voting and
dispositive power unless otherwise stated herein or that the Reporting Persons
are a "group" pursuant to Section 13(d)(3) of the Exchange Act.
(c) Item 5(c) is amended and supplemented by the information
previously filed under this item with the following:
On November 24, 2003 JMS Group Limited Partnership sold in a brokerage
transaction 1,250,000 shares of Mohawk Common Stock at $69.44 per share.
On September 11, 2003, Mark Lorberbaum exercised vested employee stock
options for an aggregate of 23,650 shares of Mohawk Common Stock. He had been
awarded the options from 1994 to 1999 and the exercise prices ranged from
$11.3333 to $30.6875 per share.
Since the filing of Amendment No. 6 to the Schedule 13D, The Alan S.
Lorberbaum Family Foundation has gifted an aggregate of 8,323 shares and has
sold an aggregate of 508 shares ranging in prices from $48.05 to $71.93 per
share.
CUSIP NO. 60819010 Page 15 of 16 Pages
SIGNATURES
After reasonable inquiry and to the best of my knowledge and belief, I
certify that the information set forth in this statement is true, complete and
correct.
Dated: November 26, 2003
*
------------------------------------------
ALAN S. LORBERBAUM
/s/ Jeffrey S. Lorberbaum
------------------------------------------
JEFFREY S. LORBERBAUM
/s/ Mark Lorberbaum
------------------------------------------
MARK LORBERBAUM
/s/ Suzanne L. Helen
------------------------------------------
SUZANNE L. HELEN
THE ALAN S. LORBERBAUM FAMILY FOUNDATION
By /s/ Suzanne L. Helen
----------------------------------------
SUZANNE L. HELEN, CHAIR PERSON
CUDDY HOLDINGS LP
By /s/ Jeffrey S. Lorberbaum
---------------------------------------
HELM MANAGEMENT CORPORATION
GENERAL PARTNER
JEFFREY S. LORBERBAUM, PRESIDENT OF HELM
MANAGEMENT CORPORATION
HELM MANAGEMENT CORPORATION
By /s/ Jeffrey S. Lorberbaum
----------------------------------------
JEFFREY S. LORBERBAUM, PRESIDENT
CUSIP NO. 60819010 Page 16 of 16 Pages
ALADDIN PARTNERS, L.P.
By ASL MANAGEMENT CORPORATION, GENERAL
PARTNER
By /s/ Jeffrey S. Lorberbaum
----------------------------------------
JEFFREY S. LORBERBAUM,
CHIEF EXECUTIVE OFFICER
ASL MANAGEMENT CORPORATION
By /s/ Jeffrey S. Lorberbaum
----------------------------------------
JEFFREY S. LORBERBAUM,
CHIEF EXECUTIVE OFFICER
JMS GROUP LIMITED PARTNERSHIP
By SJL MANAGEMENT COMPANY, LLC, GENERAL
PARTNER
By /s/ Jeffrey S. Lorberbaum
----------------------------------------
JEFFREY S. LORBERBAUM, MEMBER
SJL MANAGEMENT COMPANY, LLC
By /s/ Jeffrey S. Lorberbaum
---------------------------------------
JEFFREY S. LORBERBAUM, MEMBER
* By /s/ Jeffrey S. Lorberbaum
-------------------------
Jeffrey S. Lorberbaum, Power of Attorney
CUSIP NO. 60819010
1
SCHEDULE I
----------
Beneficial Percent of Sole Voting and Shared Voting and
Name Ownership(1) Outstanding(2) Dispos. Power Dispos. Power(3)
---- ------------ -------------- --------------- ------------------
Alan S. Lorberbaum 242,450(4) 0.4% 0 242,450(4)
Jeffrey Lorberbaum 13,231,679(5) 19.9% 10,239,535(6) 2,978,054(7)
Mark Lorberbaum 3,007,780(8) 4.5% 29,726(9) 2,978,054(7)
Suzanne L. Helen 3,076,689(10) 4.6% 98,635 2,978,054(7)
The Alan S. Lorberbaum Family 242,450 0.4% 242,450 0
Foundation
Aladdin Partners, L.P. 9,900,000 14.9% 9,900,000 0
ASL Management Corporation 9,900,000(11) 14.9% 9,900,000(11) 0
JMS Group Limited Partnership 2,735,604 4.1% 2,735,604 0
SJL Management Company,LLC 2,735,604(12) 4.1% 2,735,604(12) 0
Cuddy Holdings LP 140,000 0.2% 140,000 0
Helm Management Corporation 140,000(13) 0.2% 140,000 0
(1) Shares of Common Stock which may be deemed to be beneficially owned by
each Reporting Person. The Reporting Persons disclaim beneficial
ownership of certain of these shares, as is more fully set forth in
Item 5 of this schedule.
CUSIP NO. 60819010
2
(2) Based on 66,484,455 shares of Common Stock outstanding as of October
31, 2003 as disclosed in Mohawk's Quarterly Report on Form 10-Q for the
period ended September 27, 2003.
(3) Shares of Common Stock over which the respective Reporting Person may
be deemed to have shared voting and dispositive power.
(4) Represents shares held by The Alan S. Lorberbaum Family Foundation (the
"Foundation") of which Alan S. Lorberbaum is a trustee and thus may be
deemed to share voting and dispositive power with respect to all such
shares.
(5) Includes 9,900,000 shares held by Aladdin Partners, Inc. (the "Aladdin
Partners "). Mr. Jeffrey S. Lorberbaum, as president and majority owner
of ASL Management Corporation ("ASL"), the majority general partner of
Aladdin Partners, may have sole voting and dispositive power with
respect to all such shares. Includes 140,000 shares held by Cuddy
Holdings LP ("Cuddy"). Mr. Jeffrey S. Lorberbaum, as president and
majority owner of Helm Management Corporation ("Management Corp."), the
majority general partner of Cuddy, may have sole voting and dispositive
power with respect to all such shares. Includes 242,450 shares held by
the Foundation of which Mr. Jeffrey S. Lorberbaum is a trustee and thus
may be deemed to share voting and dispositive power with respect to
such shares. Includes 2,735,604 held by JMS Group Limited Partnership
("JMS, L.P."). Mr. Jeffrey S. Lorberbaum, as a member SJL Management
Company, LLC ("SJL, LLC"), the majority general partner of JMS, L.P.,
may have shared voting and dispositive power with respect to all such
shares. Includes 194 shares held by Jeffrey S. Lorberbaum in an
employer sponsored 401(k) plan, 102,200 shares issuable upon exercise
of employee stock options which are exercisable within 60 days of this
report and 111,231 shares directly held.
(6) Includes 9,900,000 shares held by Aladdin Partners, 140,000 shares held
by Cuddy, which Mr. Jeffrey S. Lorberbaum may have sole voting and
dispositive power with respect to all such shares, 194 shares held in
an employer sponsored 401(k) plan, 102,200 shares issuable upon
exercise of employee stock options which are exercisable within 60 days
of this report and 111,231 shares directly held.
(7) Includes 2,735,604 held by JMS L.P. of which reporting person is a
member of SJL, LLC, the general partner, and 242,450 shares held by the
Foundation of which the reporting person is a trustee and thus may be
deemed to share voting and dispositive power with respect to all such
shares.
(8) Includes 2,735,604 held by JMS L.P. of which Mark Lorberbaum is a
member of SJL, LLC, the majority general partner of JMS, L.P., and as a
result may have shared voting and dispositive power with respect to all
such shares. Includes 242,450 shares held by the Foundation of which
Mark Lorberbaum is one of the trustees and as a result may have shared
voting and dispositive power with respect to all such shares. Includes
2,800 shares subject to employee stock options currently exercisable
within 60 days of this report, 3,276 shares held by Mark
CUSIP NO. 60819010
3
Lorberbaum in an employer sponsored 401(k) plan and 23,650 shares
directly held. Does not include 9,900,000 shares held by the Aladdin
Partners, of which Mark Lorberbaum is a minority general partner, or
the 140,000 shares held by Cuddy, which Mr. Jeffrey S. Lorberbaum may
have sole voting and dispositive power with respect to all such shares.
(9) Includes 2,800 shares subject to employee stock options currently
exercisable within 60 days of this report, 3,276 shares held by Mark
Lorberbaum in an employer sponsored 401(k) plan and 23,650 shares
directly held.
(10) Includes 2,735,604 held by JMS L.P. of which Suzanne Helen is a member
of SJL, LLC, the majority general partner of JMS, L.P., and as a result
may have shared voting and dispositive power with respect to all such
shares. Includes 242,450 shares held by the Foundation of which Suzanne
Helen is chair person and one of the trustees and as a result may have
shared voting and dispositive power with respect to all such shares.
Does not include 9,900,000 shares held by the Aladdin Partners, of
which Suzanne Helen is a minority general partner, or the 140,000
shares held by Cuddy, which Mr. Jeffrey S. Lorberbaum may have sole
voting and dispositive power with respect to all such shares.
(11) Shares held by the Aladdin Partners. ASL, as the majority general
partner of the Aladdin Partners, shares voting and dispositive power
with respect to all such shares.
(12) Shares held by JMS L.P. SJL, LLC, as the general partner of JMS L.P.,
shares voting and dispositive power with respect to all such shares.
(13) Shares held by Cuddy. Management Corp., as the general partner of
Cuddy, shares voting and dispositive power with respect to all such
shares.