Filing Details

Accession Number:
0001567619-19-013109
Form Type:
4
Zero Holdings:
No
Publication Time:
2019-06-07 19:30:19
Reporting Period:
2019-06-07
Accepted Time:
2019-06-07 19:30:19
SEC Url:
Form 4 Filing
Issuer
Cik Name Symbol Sector (SIC) IRS No
97216 Terex Corp TEX Industrial Trucks, Tractors, Trailors & Stackers (3537) 341531521
Insiders
Cik Name Reported Address Insider Title Director Officer Large Shareholder Other
1502803 Marcato International Master Fund, Ltd. Four Embarcadero Center
Suite 2100
San Francisco CA 94111
Yes No No No
1541996 Marcato Capital Management Lp Four Embarcadero Center
Suite 2100
San Francisco CA 94111
Yes No No No
1558320 Richard Mcguire Four Embarcadero Center
Suite 2100
San Francisco CA 94111
Yes No No No
Reported Non-Derivative Transactions
Sec. Name Acquisiton - Disposition Date Amount Price Remaning Holdings Equity Swap Involved Form Type Code Nature of Ownership Explanation
Common Stock Disposition 2019-06-07 1,500,000 $27.25 2,930,470 No 4 S Indirect See footnotes
Common Stock Disposition 2019-06-07 100,000 $28.27 2,830,470 No 4 S Indirect See footnotes
Equity Swap Involved Form Type Code Nature of Ownership Explanation
No 4 S Indirect See footnotes
No 4 S Indirect See footnotes
Footnotes
  1. In addition to Marcato Capital Management LP, a Delaware limited partnership ("Marcato"), this Form 4 is being filed jointly by Marcato International Master Fund, Ltd., a Cayman Islands exempted company ("Marcato International"), and Richard McGuire, a citizen of the United States of America (collectively, the "Reporting Persons"), each of whom has the same business address as Marcato and may be deemed to have a pecuniary interest in securities reported on this Form 4 (the "Subject Securities").
  2. Marcato, as the investment manager of Marcato International, may be deemed to be the beneficial owner of the Subject Securities for purposes of Rule 16a-1(a) under the Securities Exchange Act of 1934. As the general partner of Marcato, Marcato Holdings LLC may be deemed to be the beneficial owner of the Subject Securities for purposes of Rule 16a-1(a). By virtue of Richard McGuire's position as Managing Partner of Marcato and Managing Member of Marcato Holdings LLC, Richard McGuire may be deemed to be the beneficial owner of the Subject Securities for purposes of Rule 16a-1(a). Each of the Reporting Persons disclaims any beneficial ownership of any of the Subject Securities, except to the extent of any pecuniary interest therein.
  3. Matthew Hepler, a member of the board of directors of the Issuer of the Subject Securities, was elected to that board as a representative of the Reporting Persons. As a result, each of those persons may be directors by deputization for purposes of Section 16 of the Securities Exchange Act of 1934.
  4. Matthew Hepler and Marcato International are parties to an agreement pursuant to which Matthew Hepler has agreed to transfer and assign to Marcato International all rights, title, interests, duties, obligations and liabilities with respect to all shares of the Issuer paid to Mr. Hepler in connection with his service as a director of the Issuer. As a result, the Reporting Persons are the beneficial owners of such shares.