On October 3, 2006, Yakquisition Corp., a Delaware corporation (the “Purchaser”) and wholly-owned subsidiary of Globalive Communications Corp., a Nova Scotia unlimited liability company (“Globalive”), made a tender offer to purchase all of the issued and outstanding shares of Common Stock (the “Shares”) of Yak Communications Inc. (the “”Company”), at a purchase price of $5.25 per share, net to the seller in cash without interest thereon, less any required withholding taxes, upon the terms and conditions set forth in the Offer to Purchase, dated October 3, 2006 (the “Offer”). The Offer is made pursuant to the Agreement and Plan of Merger, dated as of September 20, 2006, as amended, by the Purchaser, Globalive and the Company. Mr. Zwebner tendered all of his shares to the Purchaser.
Item 2. Identity Background
(a) This Schedule 13D is being filed on behalf of Charles Zwebner (the “Reporting Person”).
(b) The business address of the Reporting Person is 300 Consilium Place, Suite 500, Toronto, Ontario M1H 3G2.
(c) The Reporting Person is the Chairman and Chief Executive Officer of the Issuer.
(d) The Reporting Person has not, during the past five years, been convicted in a criminal proceeding (excluding traffic violations or similar misdemeanors).
(e) The Reporting Person has not, during the last five years, been a party to a civil proceeding of a judicial or administrative body of competent jurisdiction and as a result of such proceeding was or is subject to a judgment, decree or final order enjoining future violations of, or prohibiting or mandating activities subject to, federal or state securities laws or finding any violation with respect to such laws.
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