UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
SCHEDULE 13D/A
Under the Securities Exchange Act of 1934
(Amendment No. 5 )*
c/o Advocat, Inc.
1621 Galleria Blvd.
Brentwood TN 37027
(615) 771-7575
Receive Notice and Communications)
If the filing person has previously filed a statement on Schedule 13G to report the acquisition which is the subject of this Schedule 13D, and is filing this schedule because of §§240.13d-1(e), 240.13d-1(f) or 240.13d-1(g), check the following boxþ.
Note:Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See §240.13d-7 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 disclosures 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 (“Exchange 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).
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 control number.
CUSIP No. | 007586-10-0 |
1 | NAMES OF REPORTING PERSONS: Chad McCurdy I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY): | ||||||||||
2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (SEE INSTRUCTIONS): | ||||||||||
(a) o | |||||||||||
(b) o | |||||||||||
3 | SEC USE ONLY: | ||||||||||
4 | SOURCE OF FUNDS (SEE INSTRUCTIONS): | ||||||||||
OO, PF | |||||||||||
5 | CHECK IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e): | ||||||||||
o | |||||||||||
6 | CITIZENSHIP OR PLACE OF ORGANIZATION: | ||||||||||
United States of America | |||||||||||
7 | SOLE VOTING POWER: | ||||||||||
NUMBER OF | 29,200 shares of Common Stock | ||||||||||
SHARES | 8 | SHARED VOTING POWER: | |||||||||
BENEFICIALLY | |||||||||||
OWNED BY | 1,082,600 shares of Common Stock | ||||||||||
EACH | 9 | SOLE DISPOSITIVE POWERS: | |||||||||
REPORTING | |||||||||||
PERSON | 29,200 shares of Common Stock | ||||||||||
WITH | 10 | SHARED DISPOSITIVE POWER: | |||||||||
1,082,600 shares of Common Stock | |||||||||||
11 | AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON: 1,111,800 shares of Common Stock, composed of 1,017,600 shares directly owned by Marlin Capital Partners, LLC, 14,200 shares owned through Mr. McCurdy’s IRA, 15,000 shares issuable on the exercise of options held by Mr. McCurdy, 60,000 shares owned jointly by Mr. McCurdy and his wife, and 5,000 shares owned by Mr. McCurdy’s dependent children. | ||||||||||
12 | CHECK IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES (SEE INSTRUCTIONS): | ||||||||||
o | |||||||||||
13 | PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11): | ||||||||||
19.4% | |||||||||||
14 | TYPE OF REPORTING PERSON (SEE INSTRUCTIONS): | ||||||||||
IN |
CUSIP No. | 007586-10-0 |
1 | NAMES OF REPORTING PERSONS: Marlin Capital Partners, LLC I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY): 007586-10-0 | ||||||||||
2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (SEE INSTRUCTIONS): | ||||||||||
(a) o | |||||||||||
(b) o | |||||||||||
3 | SEC USE ONLY: | ||||||||||
4 | SOURCE OF FUNDS (SEE INSTRUCTIONS): | ||||||||||
WC | |||||||||||
5 | CHECK IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e): | ||||||||||
o | |||||||||||
6 | CITIZENSHIP OR PLACE OF ORGANIZATION: | ||||||||||
Texas | |||||||||||
7 | SOLE VOTING POWER: | ||||||||||
NUMBER OF | 0 shares of Common Stock | ||||||||||
SHARES | 8 | SHARED VOTING POWER: | |||||||||
BENEFICIALLY | |||||||||||
OWNED BY | 1,017,600 shares of Common Stock | ||||||||||
EACH | 9 | SOLE DISPOSITIVE POWERS: | |||||||||
REPORTING | |||||||||||
PERSON | 0 shares of Common Stock | ||||||||||
WITH | 10 | SHARED DISPOSITIVE POWER: | |||||||||
1,017,600 shares of Common Stock | |||||||||||
11 | AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON: 1,017,600 shares of Common Stock | ||||||||||
12 | CHECK IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES (SEE INSTRUCTIONS): | ||||||||||
þ Excludes shares beneficially owned by Chad McCurdy (the Managing Partner of Marlin Capital Partners, LLC), personally. | |||||||||||
13 | PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11): | ||||||||||
17.8% | |||||||||||
14 | TYPE OF REPORTING PERSON (SEE INSTRUCTIONS): | ||||||||||
00 |
(a) | Mr. McCurdy beneficially owns 19.4% of the Issuer’s Common Stock, or 1,111,800 shares of Common Stock, composed of 1,017,600 shares directly owned by Marlin Capital Partners, LLC, 14,200 shares owned through Mr. McCurdy’s IRA, 15,000 shares issuable on the exercise of options held by Mr. McCurdy, 60,000 shares owned jointly by Mr. McCurdy and his wife, and 5,000 shares owned by Mr. McCurdy’s dependent children. Marlin beneficially owns 17.8% of the Common Stock of the Issuer consisting of 1,017,600 shares of Common Stock held directly. | |
(b) | Mr. McCurdy beneficially owns the following number of shares of Common Stock with: |
(c) | On March 19, 2010, Marlin purchased 2,000 shares of Common Stock in an open market transaction at a price of $6.748375 per share. On March 23, 2010, Marlin purchased 2,500 shares of Common Stock in an open market transaction at a price of $6.99516 per share. On March 24, 2010, Marlin purchased 500 shares of Common Stock in an open market transaction at a price of $7.00 per share. On March 25, 2010, Marlin purchased 20,000 shares of Common Stock in an open market transaction at a price of $6.9168205 per share. On March 26, 2010, Marlin purchased 80,000 shares of Common Stock in an open market transaction at a price of $6.77452 per share. On March 26, 2010, Mr. McCurdy’s dependent children purchased 3,000 shares of Common Stock in an open market transaction at a price of $6.77452 per share. | |
(d) | Not applicable | |
(e) | Not applicable |
/s/ Chad McCurdy | ||||
Chad McCurdy | ||||