| 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 |
|
|
| 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*| INMOBILIARIA CARSO S A DE C V |
| INSURGENTES SUR #3500, PB, COL. PENA POBRE, DELEGACION TLALPAN, CP | |
(Street)
| 2. Issuer Name and Ticker or Trading Symbol SAKS INC
[SKS] | 5. Relationship of Reporting Person(s) to Issuer (Check all applicable) | Director | X | 10% Owner | | Officer (give title below) | X | Other (specify below) | | Affiliates - see Exhibit 99-1 |
|
3. Date of Earliest Transaction (Month/Day/Year) 11/24/2008 |
4. If Amendment, Date of Original Filed (Month/Day/Year)
| 6. Individual or Joint/Group Filing (Check Applicable Line)| X | Form filed by One Reporting Person | | Form filed by More than One Reporting Person |
|
| 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 |
|
Common Stock, par value $0.10 per share("Saks Shares")
| 11/24/2008 | | P | |
100
| A | $
3.12
|
25,000,100
|
D
| |
|
Saks Shares
| 11/24/2008 | | P | |
100
| A | $
3.13
|
25,000,200
|
D
| |
|
Saks Shares
| 11/24/2008 | | P | |
200
| A | $
3.135
|
25,000,400
|
D
| |
|
Saks Shares
| 11/24/2008 | | P | |
2,400
| A | $
3.14
|
25,002,800
|
D
| |
|
Saks Shares
| 11/24/2008 | | P | |
40,507
| A | $
3.15
|
25,043,307
|
D
| |
|
Saks Shares
| 11/24/2008 | | P | |
22,200
| A | $
3.2
|
25,065,507
|
D
| |
|
Saks Shares
| 11/24/2008 | | P | |
200
| A | $
3.22
|
25,065,707
|
D
| |
|
Saks Shares
| 11/24/2008 | | P | |
13,200
| A | $
3.225
|
25,078,907
|
D
| |
|
Saks Shares
| 11/24/2008 | | P | |
693
| A | $
3.23
|
25,079,600
|
D
| |
|
Saks Shares
| 11/24/2008 | | P | |
200
| A | $
3.2325
|
25,079,800
|
D
| |
|
Saks Shares
| 11/24/2008 | | P | |
6,700
| A | $
3.24
|
25,086,500
|
D
| |
|
Saks Shares
| 11/24/2008 | | P | |
62,900
| A | $
3.25
|
25,149,400
|
D
| |
|
Saks Shares
| 11/24/2008 | | P | |
200
| A | $
3.27
|
25,149,600
|
D
| |
|
Saks Shares
| 11/24/2008 | | P | |
16,400
| A | $
3.28
|
25,166,000
|
D
| |
|
Saks Shares
| 11/24/2008 | | P | |
58,500
| A | $
3.3
|
25,224,500
|
D
| |
|
Saks Shares
| 11/24/2008 | | P | |
83
| A | $
3.305
|
25,224,583
|
D
| |
|
Saks Shares
| 11/24/2008 | | P | |
25,417
| A | $
3.31
|
25,250,000
|
D
| |
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 |
| Explanation of Responses: |
Remarks:
|
| Eduardo Valdes Acra, Attorney-in-Fact | 11/26/2008 |
| ** 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. |
EX-99.1
Exhibit 99.1
Name and Address of Additional Reporting Persons:
Mr. Carlos Slim Helú, Mr. Carlos Slim Domit, Mr. Marco Antonio Slim Domit, Mr. Patrick Slim Domit, Ms. María Soumaya Slim Domit, Ms. Vanessa Paola Slim Domit and Ms. Johanna Monique Slim Domit (collectively, the Slim Family), each with the following address:
Paseo de Las Palmas #736
Colonia Lomas de Chapultepec
11000 México D.F., México
Explanation of Responses:
Inmobiliaria Carso, S.A. de C.V. (Inmobiliaria) beneficially owns directly 25,250,000 Saks Shares as of November 24, 2008. Saks Shares reported as beneficially owned by Inmobiliaria include Saks Shares owned directly by Control Empresarial de Capitales, S.A. de C.V., a subsidiary of Inmobiliaria.
The members of the Slim Family are beneficiaries of a Mexican trust which in turn owns substantially all of the issued and outstanding voting securities of Inmobiliaria. As a result, each member of the Slim Family may be deemed to have indirect beneficial ownership of the 25,250,000 Saks Shares beneficially owned directly by Inmobiliaria.
Signature Page
|
|
|
|
|
|
|
|
|
Carlos Slim Helú |
|
|
|
|
|
Carlos Slim Domit |
By: /s/ Eduardo Valdés Acra |
|
|
Eduardo Valdés Acra |
|
Marco Antonio Slim Domit |
Attorney-in-Fact* |
|
|
November 26, 2008 |
|
Patrick Slim Domit |
|
|
|
|
|
María Soumaya Slim Domit |
|
|
|
|
|
Vanessa Paola Slim Domit |
|
|
|
|
|
Johanna Monique Slim Domit |
|
|
|
|
|
INMOBILIARIA CARSO, S.A. DE C.V. |
|
|
|
|
|
By: Armando Ibáñez Vázquez
Title: Attorney-in-Fact |
|
* See the Powers of Attorney for the members of the Slim Family and Inmobiliaria, filed as an exhibit to the Amendment No. 7 to the Schedule 13G filed by Inmobiliaria and the members of the Slim Family with the U.S. Securities and Exchange Commission on February 14, 2005, and the Joint Filing Agreement among the Slim Family, Inmobiliaria and Orient Star Holdings LLC (which has been subsequently merged into Inmobiliaria), filed as an exhibit to the Form 4 filed by Orient Star Holdings LLC, Inmobiliaria and the members of the Slim Family on May 4, 2005, which are hereby incorporated herein by reference.