1
|
NAMES
OF REPORTING PERSONS
Terex
Corporation
|
||
2
|
CHECK
THE APPROPRIATE BOX IF A MEMBER OF A
GROUP
(a) ¨
(b) ¨
|
||
3
|
SEC
USE ONLY
|
||
4
|
CITIZENSHIP
OR PLACE OF ORGANIZATION
Delaware
|
||
NUMBER
OF
SHARES
BENEFICIALLY
OWNED
BY EACH
REPORTING
PERSON
WITH
|
5
|
SOLE
VOTING POWER
5,809,731
shares of Common Stock (See Item 4)
|
|
6
|
SHARED
VOTING POWER
0
|
||
7
|
SOLE
DISPOSITIVE POWER
5,809,731
shares of Common Stock (See Item 4)
|
||
8
|
SHARED
DISPOSITIVE POWER
0
|
||
9
|
AGGREGATE
AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
5,809,731
shares of Common Stock (See Item 4)
|
||
10
|
CHECK
BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES ¨
|
||
11
|
PERCENT
OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
7.2%
(See Item 4)
|
||
12
|
TYPE
OF REPORTING PERSON
CO
|
Item
1(a).
|
Name
of Issuer:
|
Item
1(b).
|
Address
of Issuer's Principal Executive
Offices:
|
Item
2(d).
|
Title
of Class of Securities:
|
Item
2(e).
|
CUSIP
Number:
|
|
118759109
|
Item 3.
|
Not
applicable
|
Item
4.
|
Ownership.
|
|
(a)
|
Amount beneficially
owned:
|
|
5,809,731
shares of Common Stock
|
|
(b)
|
Percent of
class:
|
|
Based
on 75,133,869 shares of Common Stock outstanding as of November 3, 2009 as
indicated in the Issuer’s Quarterly Report on Form 10-Q for the quarterly
period ended September 30, 2009, plus 5,809,731 shares of Common Stock
issued to the Reporting Person pursuant to the terms of that certain
Equity Agreement, dated January 15, 2010, between the Reporting Person and
the Issuer, the Reporting Person holds approximately 7.2% of the issued
and outstanding Common Stock of the
Issuer.
|
|
(c)
|
Number of shares to
which such person has:
|
|
(i)
|
Sole
power to vote or direct the vote: 5,809,731 shares of Common
Stock
|
|
(ii)
|
Shared
power to vote or direct the
vote: 0
|
|
(iii)
|
Sole
power to dispose or to direct the disposition of: 5,809,731
shares of Common Stock
|
|
(iv)
|
Shared
power to dispose or to direct the disposition
of: 0
|
Item
5.
|
Ownership
of Five Percent or Less of a Class.
|
Item
6.
|
Ownership
of More than Five Percent on Behalf of Another
Person.
|
|
Not
applicable
|
Item
7.
|
Identification
and Classification of the Subsidiary Which Acquired the Security Being
Reported on by the Parent Holding Company or Control
Person.
|
Item
8.
|
Identification
and Classification of Members of the
Group.
|
Item
9.
|
Notice
of Dissolution of a Group.
|
Dated:
|
February
25, 2010
|
TEREX
CORPORATION
|
||
By: /s/ Phillip C. Widman
|
||
Phillip
C. Widman
Senior
Vice President and Chief Financial
Officer
|