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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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SCHEDULE 13E-3
RULE 13E-3 TRANSACTION STATEMENT
(PURSUANT TO SECTION 13(E) OF THE SECURITIES EXCHANGE ACT OF 1934)
(AMENDMENT NO. 4)
MAXSERV, INC.
(NAME OF THE ISSUER)
SEARS, ROEBUCK AND CO.
MAX ACQUISITION DELAWARE INC.
(NAME OF THE PERSONS FILING STATEMENT)
COMMON STOCK $.01 PAR VALUE PER SHARE
(TITLE OF CLASS OF SECURITIES)
005779171
(CUSIP NUMBER OF CLASS OF SECURITIES)
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MICHAEL D. LEVIN, ESQ.
SENIOR VICE PRESIDENT, GENERAL COUNSEL AND SECRETARY
SEARS, ROEBUCK AND CO.
3333 BEVERLY ROAD
HOFFMAN ESTATES, IL 60179
(847) 286-2500
(NAME, ADDRESS AND TELEPHONE NUMBER OF PERSON AUTHORIZED TO RECEIVE
NOTICES AND COMMUNICATIONS ON BEHALF OF PERSONS FILING STATEMENT)
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COPY TO:
MARK D. GERSTEIN, ESQ.
LATHAM & WATKINS
SEARS TOWER, SUITE 5800
233 SOUTH WACKER DRIVE
CHICAGO, IL 60606-6401
(312) 876-7700
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Sears, Roebuck and Co. and Max Acquisition Delaware Inc. hereby amend and
supplement their Rule 13e-3 Transaction Statement on Schedule 13E-3 (the
"Schedule 13E-3"), filed with the Securities and Exchange Commission on
February 4, 1997, with respect to the offer to purchase any and all of the
shares of Common Stock, par value $.01 per share, of MaxServ, Inc., at a price
of $7.00 per share upon the terms and subject to the conditions set forth in
the Offer to Purchase and in the related Letter of Transmittal. The item
numbers and responses thereto below are in accordance with the requirements of
Schedule 13E-3. Capitalized terms not defined herein have the meaning ascribed
to them in the Schedule 13E-3.
ITEM 16. ADDITIONAL INFORMATION.
Item 16 of the Schedule 13E-3 is hereby amended to add the following
information:
On February 18, 1997, Parent issued a press release, a copy of which is
included as exhibit (g)(4) hereto and the information contained therein is
incorporated herein by reference.
ITEM 17. MATERIAL TO BE FILED AS EXHIBITS.
Item 17 of the Schedule 13E-3 is hereby amended to add the following
exhibits:
(f)(1) Written statement furnished to D.F. King & Co., Inc. by Parent on
February 18, 1997 (previously filed as exhibit (f)(1) to the Schedule
14D-1 and incorporated herein by reference).
(g)(4) Text of Press Release issued by Parent, dated February 18, 1997
(previously filed as exhibit (g)(4) to the Schedule 14D-1 and
incorporated herein by reference).
2
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SIGNATURE
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.
Max Acquisition Delaware Inc.
Dated: February 19, 1997
/s/ John T. Pigott
By: _________________________________
Name: John T. Pigott
Title: Vice President and
Treasurer
Sears, Roebuck and Co.
/s/ Michael D. Levin
By: _________________________________
Name: Michael D. Levin
Title: Senior Vice President,
General Counsel and Secretary
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EXHIBIT INDEX
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EXHIBIT
NUMBER DESCRIPTION
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<C> <S>
(f)(1) Written statement furnished to D.F. King & Co., Inc. by Parent on
February 18, 1997 (previously filed as exhibit (f)(1) to the Schedule
14D-1 and incorporated herein by reference).
(g)(4) Text of Press Release issued by Parent, dated February 18, 1997
(previously filed as exhibit (g)(4) to the Schedule 14D-1 and
incorporated herein by reference).
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