Jeff,
I wish I had paid closer attention to your post.
First, the full sentence under the Who Must File section of the instructions is:
(ii) any beneficial owner of greater than 10% of a class of equity securities registered under Section 12 of the Exchange Act, as determined by voting or investment control over the securities pursuant to Rule 16a-1(a)(1)
("ten percent holder");
As noted, there are 2 classes of equity securities, common and Class B.
And as you pointed out, in calculating 10% of the common class, the method to determine the total class vote would be O/S + (100 x Class B). And any owner of greater than 10% of the result would be required to file.
I know that one of your goals was to determine how many common shares Signature would have to be holding to require him to file. And obviously in order to do so would require knowing the magic number----the actual number of shares outstanding.
However, referring back to the instruction, we don't need to know the number of common shares outstanding to know that RME needs to file a Form 3. We know from forms already filed that they own(ed) 5,000,000 Class B shares and we know that 28,000,000 Class B shares were authorized and hence the maximum outstanding.........they owned greater than 10% of the Class B shares. So RME needs to file regardless of the number of common shares outstanding.
