SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
_______________________
SCHEDULE TO
Tender Offer Statement Pursuant to Section 14(d)(1) or 13(e)(1)
of the Securities Exchange Act of 1934
___________________
COLE CREDIT PROPERTY TRUST, INC.
(Name of Subject Company)
CMG ACQUISITION CO., LLC AND CMG PARTNERS, LLC
(Bidders)
SHARES OF COMMON STOCK
(Title of Class of Securities)
None or unknown
(CUSIP Number of Class of Securities)
_______________________
| | | |
| | Mark Swenson | |
| | CMG Partners, LLC | |
| | 1000 2nd Ave, Ste 3950 | |
| | Seattle WA 98104-1075 | |
| | 206-340-2280 | |
(Name, Address, and Telephone Number of
Person Authorized to Receive Notices and
Communications on Behalf of Bidder)
Calculation of Filing Fee
| | Transaction | Amount of |
| | Valuation* | Filing Fee |
| | | |
| | $1,925,000 | $107.42 |
| * | For purposes of calculating the filing fee only. Assumes the purchase of 550,000 Shares at a purchase price equal to $3.50 per Share in cash |
| | |
| [X] | Check box if any part of the fee is offset as provided by Rule 0-11(a)(2) and identify the filing with which the offsetting fee was previously paid. Identify the previous filing by registration statement number, or the Form or Schedule and the date of its filing. |
| | |
| | Amount Previously Paid: $107.42 |
| | Form or Registration Number: SC TO-T |
| | Filing Party: CMG Partners, LLC |
| | Date Filed: November 17, 2009 |
| | |
| [] | Check the box if the filing relates solely to preliminary communications made before the commencement of a tender offer. |
| | |
Check the appropriate boxes below to designate any transactions to which the statement relates: |
| [X] | third party tender offer subject to Rule 14d-1. |
| [] | issuer tender offer subject to Rule 13e-4. |
| [] | going private transaction subject to Rule 13e-3 |
| [] | amendment to Schedule 13D under Rule 13d-2 |
| | |
| Check the following box if the filing is a final amendment reporting the results of the tender offer: [X] |
| | |
| | |
FINAL AMENDMENT TO TENDER OFFER
This Tender Offer Statement on Schedule TO relates to the offer (the “Offer”) by CMG Acquisition Co., LLC and CMG Partners, LLC (collectively the “Purchasers”) to purchase up to 550,000 shares of common stock (the “Shares”) in Cole Credit Property Trust, Inc. (the “REIT”), the subject company, at a purchase price equal to $3.50 per Share. This Offer is being made November 17, 2009 (the “Offer Date”) and expires December 31, 2009, or on such other date to which this Offer may be extended (the “Expiration Date”), upon the terms and subject to the conditions set forth in the Offer to Purchase dated November 17, 2009 (the “Offer to Purchase”) and the related Agreement of Assignment and Transfer.
The Offer resulted in the tender by shareholders, and acceptance for payment by the Purchasers, of a total of 1,177 Shares. Upon completion of the Offer, the Purchasers held an aggregate of approximately 3,177 Shares, or approximately ..03% of the total outstanding Shares.
SIGNATURES
After due 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: January 13, 2010
CMG Acquisition Co., LLC
By: Mark Swenson, Manager
CMG Partners, LLC
By: Mark Swenson, Manager
