Home/Filings/4/0000769993-07-000952
4//SEC Filing

BIOMET INC 4

Accession 0000769993-07-000952

CIK 0000351346operating

Filed

Sep 18, 8:00 PM ET

Accepted

Sep 19, 6:43 PM ET

Size

13.2 KB

Accession

0000769993-07-000952

Insider Transaction Report

Form 4
Period: 2007-08-17
Transactions
  • Exercise of In-MoneySwap

    Security Based Swap (put equivalent)

    2007-08-171,4000 total(indirect: See footnotes)
    Exp: 2017-04-07Common Shares (1,400 underlying)
  • Exercise of In-MoneySwap

    Security Based Swap (put equivalent)

    2007-08-1720,2000 total(indirect: See footnotes)
    Exp: 2017-04-10Common Shares (20,200 underlying)
Holdings
  • Common Shares

    (indirect: See footnotes)
    124,282
  • Call Option (right to purchase)

    (indirect: See footnotes)
    Exercise: $45.00Exp: 2009-01-17Common Shares (3,100 underlying)
    3,100
Footnotes (5)
  • [F1]The Reporting Person is a vice president of Goldman, Sachs & Co. ("Goldman Sachs"). Goldman Sachs is a wholly-owned subsidiary of The Goldman Sachs Group, Inc. ("GS Group"). Goldman Sachs is affiliated with private equity funds that hold equity interests in LVB Acquisition Holding, LLC, the indirect beneficial owner of 208,324,725 common shares, no par value (the "Common Shares") of Biomet, Inc. (the "Company"), including 5,723,595 Common Shares beneficially owned by Dr. Dane A. Miller and Mary Louise Miller that are subject to a voting agreement with LVB Acquisition, Inc., a subsidiary of LVB Acquisition Holding, LLC. In addition, Goldman Sachs and other wholly-owned subsidiaries of GS Group (collectively, "Goldman") may be deemed to directly beneficially own 124,282 Common Shares.
  • [F2]The Reporting Person disclaims beneficial ownership of all of the securities reported on Table I and Table II of this Form 4, including the Common Shares that are or may be beneficially owned by LVB Acquisition Holding, LLC, Goldman Sachs, other wholly-owned subsidiaries of GS Group and any of their affiliated funds. The securities reported herein as indirectly beneficially owned may be deemed to be beneficially owned by Goldman.
  • [F3]On August 17, 2007, upon the accelerated settlement of a security-based swap agreement in the form of a contract for difference entered into on April 10, 2007, Goldman Sachs International ("GSI"), a wholly-owned subsidiary of GS Group, paid to its counterparty $4,438, representing $3.17 per share for each of 1,400 Common Shares subject to the agreement, equal to the difference between $64,400, the price for the Common Shares on the accelerated settlement date determined with reference to the tender offer price for the Common Shares on such date and $59,962, the price for the Common Shares when the agreement was entered into. Without admitting any legal obligation, Goldman Sachs or another wholly-owned subsidiary will remit appropriate profits, if any, to the Company.
  • [F4]On August 17, 2007, upon the accelerated settlement of a security-based swap agreement in the form of a contract for difference entered into on April 11, 2007, GSI paid to its counterparty $63,489, representing $3.143 per share for each of 20,200 Common Shares subject to the agreement, equal to the difference between $929,200, the price for the Common Shares on the accelerated settlement date determined with reference to the tender offer price for the Common Shares on such date and $865,711, the price for the Common Shares when the agreement was entered into. Without admitting any legal obligation, Goldman Sachs or another wholly-owned subsidiary will remit appropriate profits, if any, to the Company.
  • [F5]Immediately exercisable.

Issuer

BIOMET INC

CIK 0000351346

Entity typeoperating
IncorporatedIN

Related Parties

1
  • filerCIK 0000351346

Filing Metadata

Form type
4
Filed
Sep 18, 8:00 PM ET
Accepted
Sep 19, 6:43 PM ET
Size
13.2 KB