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| FORM 4 | UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549
STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP
Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940 | | OMB APPROVAL | | OMB Number: | 3235-0287 | | Expires: | February 28, 2011 | | Estimated average burden | | hours per response | 0.5 |
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| | Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue.
See Instruction 1(b). |
1. Name and Address of Reporting Person*
| 745 FIFTH AVENUE, 18TH FLOOR, | |
(Street)
| 2. Issuer Name and Ticker or Trading Symbol PEP BOYS MANNY MOE & JACK
[PBY] | 5. Relationship of Reporting Person(s) to Issuer (Check all applicable) | Director | | 10% Owner | | Officer (give title below) | X | Other (specify below) | | See Remarks |
| 3. Date of Earliest Transaction (Month/Day/Year) 09/05/2008 | 4. If Amendment, Date of Original Filed (Month/Day/Year)
| 6. Individual or Joint/Group Filing (Check Applicable Line) | Form filed by One Reporting Person | | X | Form filed by More than One Reporting Person |
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| Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned | 1.Title of Security (Instr. 3) | 2. Transaction Date (Month/Day/Year) | 2A. Deemed Execution Date, if any (Month/Day/Year) | 3. Transaction Code (Instr. 8) | 4. Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) | 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) | 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 7. Nature of Indirect Beneficial Ownership (Instr. 4) | | Code | V | Amount | (A) or (D) | Price |
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities) | 1. Title of Derivative Security (Instr. 3) | 2. Conversion or Exercise Price of Derivative Security | 3. Transaction Date (Month/Day/Year) | 3A. Deemed Execution Date, if any (Month/Day/Year) | 4. Transaction Code (Instr. 8) | 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4, and 5) | 6. Date Exercisable and Expiration Date (Month/Day/Year) | 7. Title and Amount of Underlying Securities (Instr. 3 and 4) | 8. Price of Derivative Security (Instr. 5) | 9. Number of Derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) | 10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4) | 11. Nature of Indirect Beneficial Ownership (Instr. 4) | | Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares |
1. Name and Address of Reporting Person*
| 745 FIFTH AVENUE, 18TH FLOOR | |
(Street)
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1. Name and Address of Reporting Person*
| C/O D.B. ZWIRN & CO., L.P., 745 FIFTH AVENUE, 18TH FLOOR | |
(Street)
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1. Name and Address of Reporting Person*| D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, LTD. |
| C/O GLOBEOP FINANCIAL SERVICES LLC, 156 WEST 56TH STREET, 6TH FLOOR | |
(Street)
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1. Name and Address of Reporting Person*| D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, L.P. |
| C/O D.B. ZWIRN & CO., L.P., 745 FIFTH AVENUE, 18TH FLOOR | |
(Street)
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1. Name and Address of Reporting Person*
| C/O D.B. ZWIRN & CO., L.P., 745 FIFTH AVENUE, 18TH FLOOR | |
(Street)
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1. Name and Address of Reporting Person*
| C/O D.B. ZWIRN & CO., L.P., 745 FIFTH AVENUE, 18TH FLOOR | |
(Street)
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| Explanation of Responses: | Remarks:
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| D.B. ZWIRN & CO, L.P., By: DBZ GP, LLC, its General Partner, By: Zwirn Holdings, LLC, its Managing Member, By: /s/ Lawrence D. Cutler, Authorized Signatory | 09/08/2008 | | DANIEL B. ZWIRN, By: /s/ Lawrence D. Cutler, as Attorney-in-Fact for Daniel B. Zwirn | 09/08/2008 | | D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, LTD., By: D.B. Zwirn & Co., L.P., By: DBZ GP, LLC, its General Partner, By: Zwirn Holdings, LLC, its Managing Member, By: /s/ Lawrence D. Cutler, Authorized Signatory | 09/08/2008 | | D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, L.P., By: D.B. Zwirn & Co., L.P., By: DBZ GP, LLC, its General Partner, By: Zwirn Holdings, LLC, its Managing Member, By: /s/ Lawrence D. Cutler, Authorized Signatory | 09/08/2008 | | ZWIRN HOLDINGS, LLC, By: /s/ Lawrence D. Cutler, Authorized Signatory | 09/08/2008 | | DBZ GP, LLC, By: Zwirn Holdings, LLC, its Managing Member, By: /s/ Lawrence D. Cutler, Authorized Signatory | 09/08/2008 | | ** Signature of Reporting Person | Date | | Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | | * If the form is filed by more than one reporting person, see Instruction 4(b)(v). | | ** Intentional misstatements or omissions of facts constitute Federal Criminal Violations
See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
| | Note: File three copies of this Form, one of which must be manually signed. If space is insufficient,
see Instruction 6 for procedure. | | Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. |
JOINT FILER INFORMATION
NAME: DANIEL B. ZWIRN
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ADDRESS: c/o D.B. Zwirn & Co., L.P.
------- 745 Fifth Avenue, 18th Floor
New York, NY 10151
DESIGNATED FILER: D.B. Zwirn & Co., L.P.
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ISSUER AND TICKER SYMBOL: The Pep Boys - Manny Moe & Jack (PBY)
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DATE OF EVENT REQUIRING STATEMENT: September 5, 2008
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JOINT FILER INFORMATION
NAME: D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, LTD.
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ADDRESS: c/o GlobeOp Financial Services LLC ("GlobeOp")
------- 156 West 56th Street, 6th Floor
New York, NY 10019
DESIGNATED FILER: D.B. Zwirn & Co., L.P.
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ISSUER AND TICKER SYMBOL: The Pep Boys - Manny Moe & Jack (PBY)
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DATE OF EVENT REQUIRING STATEMENT: September 5, 2008
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JOINT FILER INFORMATION
NAME: D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, L.P.
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ADDRESS: c/o D.B. Zwirn & Co., L.P.
------- 745 Fifth Avenue, 18th Floor
New York, NY 10151
DESIGNATED FILER: D.B. Zwirn & Co., L.P.
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ISSUER AND TICKER SYMBOL: The Pep Boys - Manny Moe & Jack (PBY)
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DATE OF EVENT REQUIRING STATEMENT: September 5, 2008
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JOINT FILER INFORMATION
NAME: ZWIRN HOLDINGS, LLC
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ADDRESS: c/o D.B. Zwirn & Co., L.P.
------- 745 Fifth Avenue, 18th Floor
New York, NY 10151
DESIGNATED FILER: D.B. Zwirn & Co., L.P.
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ISSUER AND TICKER SYMBOL: The Pep Boys - Manny Moe & Jack (PBY)
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DATE OF EVENT REQUIRING STATEMENT: September 5, 2008
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JOINT FILER INFORMATION
NAME: DBZ GP, LLC
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ADDRESS: c/o D.B. Zwirn & Co., L.P.
------- 745 Fifth Avenue, 18th Floor
New York, NY 10151
DESIGNATED FILER: D.B. Zwirn & Co., L.P.
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ISSUER AND TICKER SYMBOL: The Pep Boys - Manny Moe & Jack (PBY)
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DATE OF EVENT REQUIRING STATEMENT: September 5, 2008
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EXHIBIT 24.1
POWER OF ATTORNEY
The undersigned hereby appoints David C. Lee and Lawrence D. Cutler, or either
of them, his true and lawful attorney-in-fact and agent to execute and file with
the Securities and Exchange Commission any Schedule 13D, Schedule 13G, Form 3,
Form 4, Form 5, any amendments thereto and any related documentation which may
be required to be filed in his individual capacity as a result of the
undersigned's beneficial ownership of, or participation in a group with respect
to, securities directly or indirectly beneficially owned by D.B. Zwirn & Co.,
L.P. or any of its affiliates, and granting unto said attorney-in-fact and agent
full power and authority to do and perform each and every act and thing which he
might or could do in person, hereby ratifying and confirming all that said
attorney-in-fact and agent may lawfully do or cause to be done by virtue hereof.
The authority of David C. Lee and Lawrence D. Cutler, or either of them, under
this Power of Attorney shall continue with respect to the undersigned until the
undersigned is no longer required to file Schedule l3Ds, Schedule l3Gs, Forms 3,
Forms 4, or Forms 5 unless revoked earlier in writing.
Date: November 7, 2007
/s/ Daniel B. Zwirn
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Daniel B. Zwirn
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