SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13G
(Rule 13d-102)
Information to be Included in Statements Filed Pursuant to § 240.13d-1(b), (c) and (d) and Amendments Thereto Filed Pursuant to § 240.13d-2.
Under the Securities Exchange Act of 1934
(Amendment No. 14)*
Spartan Motors, Inc.
(Name of Issuer)
Common Stock
(Title of Class of Securities)
846819 10 0
(CUSIP Number)
December 31, 2009
(Date of Event Which Requires Filing of this Statement)
Check the appropriate box to designate the rule pursuant to which this schedule is filed:
¨ Rule 13d-1(b)
¨ Rule 13d-1(c)
x Rule 13d-1(d)
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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 ("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).
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CUSIP No. 846819 10 0 |
13G |
Page 2 of 5 Pages | ||||
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1 |
Name of Reporting Persons William F. Foster
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2 |
Check the Appropriate Box if a Member of a Group
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(a) ¨ (b) ¨ | |||||||||
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3 |
SEC Use Only
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4 |
Citizenship or Place of Organization United States of America
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Number of Shares Beneficially Owned by Each Reporting Person With |
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Sole Voting Power 1,274,643 * | |||||||||
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Shared Voting Power 370,567 | ||||||||||
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Sole Dispositive Power 1,274,643 * | ||||||||||
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Shared Dispositive Power 370,567 | ||||||||||
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9 |
Aggregate Amount Beneficially Owned by Each Reporting Person 1,645,210 *
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10 |
Check if the Aggregate Amount in Row (9) Excludes Certain Shares
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Percent of Class Represented by Amount in Row (9) 4.98%
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Type of Reporting Person IN
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Includes 112,497 shares subject to options that were exercisable on, or within 60 days after, December 31, 2009 and 1,324 shares that may be obtained through the exercise of Stock Appreciation Rights (SARs) exercisable on, or within 60 days after, December 31, 2009 (based on the closing stock price on December 31, 2009). The shares of common stock described in this footnote may not be voted or transferred until issued upon exercise of the applicable option or SAR. |
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CUSIP No. 846819 10 0 |
13G |
Page 3 of 5 Pages | ||||
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Item 1(a). |
Name of Issuer |
Spartan Motors, Inc.
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Item 1(b). |
Address of Issuer's Principal Executive Offices |
1000 Reynolds Road -- P.O. Box 440
Charlotte, Michigan 48813
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Item 2(a). |
Name of Person Filing |
William F. Foster
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Item 2(b). |
Address of Principal Business Office or, if None, Residence |
1000 Reynolds Road -- P.O. Box 440
Charlotte, Michigan 48813
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Item 2(c). |
Citizenship |
United States of America
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Item 2(d). |
Title of Class of Securities |
Common Stock
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Item 2(e). |
CUSIP Number |
846819 10 0
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Item 3. |
If this Statement is Filed Pursuant to §§ 240.13d-1(b) Or 240.13d-2(b) or (c), Check Whether the Person Filing is a: Not applicable. |
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(a) |
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Broker or dealer registered under section 15 of the Act (15 U.S.C. 78o). | ||||||
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(b) |
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Bank as defined in section 3(a)(6) of the Act (15 U.S.C. 73c). | ||||||
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(c) |
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Insurance company as defined in section 3(a)(19) of the Act (15 U.S.C. 78c). | ||||||
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(d) |
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Investment company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8). | ||||||
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(e) |
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An investment adviser in accordance with §13d-1(b)(1)(ii)(E). | ||||||
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(f) |
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An employee benefit plan or endowment fund in accordance with §240.13d 1(b)(1)(ii)(F). | ||||||
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(g) |
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A parent holding company or control person in accordance with §240.13d-1(b)(1)(ii)(G). | ||||||
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(h) |
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A savings association as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813). | ||||||
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(i) |
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A church plan that is excluded from the definition of an investment company under section 3(c)(14) of the Investment Company Act of 1940 (15 U.S.C. 80a-3). | ||||||
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CUSIP No. 846819 10 0 |
13G |
Page 4 of 5 Pages | ||||||||
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(j) |
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Group, in accordance with §240.13d-1(b)(1)(ii)(J). |
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If this statement is filed pursuant to §240.13d-1(c), check this box. |
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Item 4. |
Ownership |
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(a) |
Amount Beneficially Owned: 1,645,210* |
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(b) |
Percent of Class: 4.98% |
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(c) |
Number of shares as to which such person has: |
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(i) Sole power to vote or to direct the vote: 1,274,643* |
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(ii) Shared power to vote or to direct the vote: 370,567 |
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(iii) Sole power to dispose or to direct the disposition of: 1,274,643* |
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(iv) Shared power to dispose or to direct the disposition of: 370,567 |
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* |
Includes 112,497 shares subject to options that were exercisable on, or within 60 days after, December 31, 2009 and 1,324 shares that may be obtained through the exercise of Stock Appreciation Rights (SARs) exercisable on, or within 60 days after, December 31, 2009 (based on the closing stock price on December 31, 2009). The shares of common stock described in this footnote may not be voted or transferred until issued upon exercise of the applicable option or SAR. |
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Item 5. |
Ownership of Five Percent or Less of a Class: |
Not applicable
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Item 6. |
Ownership of More Than Five Percent on Behalf of Another Person: |
Not applicable
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Item 7. |
Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on by the Parent Holding Company: |
Not applicable
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Item 8. |
Identification and Classification of Members of the Group: |
Not applicable
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Item 9. |
Notice of Dissolution of Group: |
Not applicable
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Item 10. |
Certification: |
Not applicable
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CUSIP No. 846819 10 0 |
13G |
Page 5 of 5 Pages | ||||
SIGNATURE
After reasonable 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: February 16, 2010 /s/ Kimberly Baber
Kimberly Baber, at Attorney-in-Fact for
William F. Foster
3167636\2
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POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned hereby constitutes and appoints Michael Wooldridge and Kimberly A. Baber, or either of them, the undersigned's true and lawful attorney-in-fact to:
(1) execute for and on behalf of the undersigned, in the undersigned's capacity as an officer and/or director of Spartan Motors, Inc. (the "Company"), (a) Forms 3, 4 and 5 (including amendments thereto) in accordance with Section 16(a) of the Securities Exchange Act of 1934, as amended, and the rules thereunder; (b) Form 144 in accordance with Rule 144 under the Securities Act of 1933, as amended; and (c) Schedules 13D and 13G (including amendments thereto) in accordance with Sections 13(d) and 13(g) of the Securities Exchange Act of 1934, as amended, and the rules thereunder;
(2) prepare, execute in the undersigned's name and on the undersigned's behalf, and submit to the U.S. Securities and Exchange Commission (the "SEC") a Form ID (including amendments thereto), and any other documents necessary or appropriate to obtain codes and passwords enabling the undersigned to make electronic filings with the SEC of the foregoing forms, reports, and documents;
(3) do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form ID, Forms 3, 4 and 5, Form 144, Schedules 13D and 13G or other form or report, complete and execute any amendment or amendments thereto, and timely file such form or report with the SEC and any stock exchange or similar authority; and
(4) take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in such attorney-in-fact's discretion.
The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform any and every act necessary or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorneys-in-fact, in serving in such capacity at the request of the undersigned, are not assuming, nor is the Company assuming, any of the undersigned's responsibilities to comply with Rule 144 of the Securities Act of 1933, as amended, or Sections 13 or 16 of the Securities Exchange Act of 1934, as amended, or any of the rules thereunder.
The undersigned agrees that the attorneys-in-fact may rely entirely on information furnished orally or in writing by the undersigned to each such attorney-in-fact. The undersigned also agrees to indemnify and hold harmless the attorneys-in-fact against any losses, claims, damages or liabilities (or actions in these respects) that arise out of or are based upon any information provided by the undersigned to such attorney-in-fact for purposes of executing, acknowledging, delivering or filing any forms or reports pursuant to this Power of Attorney. This paragraph shall survive the termination of the Power of Attorney.
This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file a Form ID, Forms 3, 4 and 5, Form 144, Schedules 13D and 13G or other form or report with respect to the undersigned's holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact.
IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 19th day of May, 2009.
/s/ William F. Foster 60;
William F. Foster