UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 13D (RULE 13D-101) INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT TO RULE 13D-1(a) AND AMENDMENTS THERETO FILED PURSUANT TO RULE 13D-2(a) (AMENDMENT NO. 7)* MOHAWK INDUSTRIES, INC. ----------------------- (Name of Issuer) COMMON STOCK, PAR VALUE $0.01 PER SHARE --------------------------------------- (Title of Class of Securities) 60819010 -------- (CUSIP Number) MR. S.H. SHARPE 2001 ANTIOCH ROAD DALTON, GEORGIA 30721 (706) 277-1100 -------------- (Name, Address and Telephone Number of Person Authorized to Receive Notices and Communications) NOVEMBER 24, 2003 ----------------- (Date of Event Which Requires Filing of this Statement) If the filing person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of Rule 13d-1(e), 13d-1(f) or 13d-1(g), check the following box [ ]. NOTE: Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See Rule 13d-7(b) for other parties to whom copies are to be sent. * 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 disclosure 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 (the "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).
CUSIP NO. 60819010 Page 2 of 16 Pages 1. NAME OF REPORTING PERSON S.S. OR IRS IDENTIFICATION NO. OF ABOVE PERSON Alan S. Lorberbaum 2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ] (b) [X] 3. SEC USE ONLY 4. SOURCE OF FUNDS* Not applicable 5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) [ ] 6. CITIZENSHIP OR PLACE OF ORGANIZATION United States - ------------------------- ------------------------------------------------------ NUMBER OF SHARES 7. SOLE VOTING POWER 0 BENEFICIALLY OWNED ------------------------------------------------------ BY EACH REPORTING 8. SHARED VOTING POWER 242,450 PERSON WITH ------------------------------------------------------ 9. SOLE DISPOSITIVE POWER 0 ------------------------------------------------------ 10. SHARED DISPOSITIVE POWER 242,450 - ------------------------- ------------------------------------------------------ 11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 242,450 12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* [ ] 13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) .4% [Based upon 66,484,455 shares of Common Stock outstanding as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on Form 10-Q for the period ended September 27, 2003.] 14. TYPE OF REPORTING PERSON* IN *SEE INSTRUCTIONS BEFORE FILLING OUT!
CUSIP NO. 60819010 Page 3 of 16 Pages 1. NAME OF REPORTING PERSON S.S. OR IRS IDENTIFICATION NO. OF ABOVE PERSON Jeffrey S. Lorberbaum 2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ] (b) [X] 3. SEC USE ONLY 4. SOURCE OF FUNDS* Not applicable 5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) [ ] 6. CITIZENSHIP OR PLACE OF ORGANIZATION United States - ----------------------- -------------------------------------------------------- NUMBER OF SHARES 7. SOLE VOTING POWER 10,253,625 BENEFICIALLY OWNED -------------------------------------------------------- BY EACH REPORTING 8. SHARED VOTING POWER 2,978,054 PERSON WITH -------------------------------------------------------- 9. SOLE DISPOSITIVE POWER 10,253,625 -------------------------------------------------------- 10. SHARED DISPOSITIVE POWER 2,978,054 - -------------------------------------------------------------------------------- 11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 13,231,679 12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* [ ] 13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 19.9% [Based upon 66,484,455 shares of Common Stock outstanding as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on Form 10-Q for the period ended September 27, 2003.] 14. TYPE OF REPORTING PERSON* IN *SEE INSTRUCTIONS BEFORE FILLING OUT!
CUSIP NO. 60819010 Page 4 of 16 Pages 1. NAME OF REPORTING PERSON S.S. OR IRS IDENTIFICATION NO. OF ABOVE PERSON Mark Lorberbaum 2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ] (b) [X[ 3. SEC USE ONLY 4. SOURCE OF FUNDS* Not applicable 5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) [ ] 6. CITIZENSHIP OR PLACE OF ORGANIZATION United States - ------------------------- ------------------------------------------------------ NUMBER OF SHARES 7. SOLE VOTING POWER 29,726 BENEFICIALLY OWNED ------------------------------------------------------ BY EACH REPORTING 8. SHARED VOTING POWER 2,978,054 PERSON WITH ------------------------------------------------------ 9. SOLE DISPOSITIVE POWER 29,726 ------------------------------------------------------ 10. SHARED DISPOSITIVE POWER 2,978,054 - ------------------------- ------------------------------------------------------ 11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 3,007,780 12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* [ ] 13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 4.5% [Based upon 66,484,455 shares of Common Stock outstanding as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on Form 10-Q for the period ended September 27, 2003.] 14. TYPE OF REPORTING PERSON* IN *SEE INSTRUCTIONS BEFORE FILLING OUT!
CUSIP NO. 60819010 Page 5 of 16 Pages 1. NAME OF REPORTING PERSON S.S. OR IRS IDENTIFICATION NO. OF ABOVE PERSON Suzanne L. Helen 2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ] (b) [X] 3. SEC USE ONLY 4. SOURCE OF FUNDS* Not applicable 5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) [ ] 6. CITIZENSHIP OR PLACE OF ORGANIZATION United States - ------------------------- ------------------------------------------------------ NUMBER OF SHARES 7. SOLE VOTING POWER 98,635 BENEFICIALLY OWNED ------------------------------------------------------ BY EACH REPORTING 8. SHARED VOTING POWER 2,978,054 PERSON WITH ------------------------------------------------------ 9. SOLE DISPOSITIVE POWER 98,635 ------------------------------------------------------ 10. SHARED DISPOSITIVE POWER 2,978,054 - ------------------------- ------------------------------------------------------ 11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 3,076,689 12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* [ ] 13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 4.6% [Based upon 66,484,455 shares of Common Stock outstanding as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on Form 10-Q for the period ended September 27, 2003.] 14. TYPE OF REPORTING PERSON* IN *SEE INSTRUCTIONS BEFORE FILLING OUT!
CUSIP NO. 60819010 Page 6 of 16 Pages 1. NAME OF REPORTING PERSON S.S. OR IRS IDENTIFICATION NO. OF ABOVE PERSON The Alan S. Lorberbaum Family Foundation 58-6368036 2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ] (b) [X] 3. SEC USE ONLY 4. SOURCE OF FUNDS* Not applicable 5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) [ ] 6. CITIZENSHIP OR PLACE OF ORGANIZATION United States - ------------------------ ------------------------------------------------------- NUMBER OF SHARES 7. SOLE VOTING POWER 242,450 BENEFICIALLY OWNED ------------------------------------------------------- BY EACH REPORTING 8. SHARED VOTING POWER 0 PERSON WITH ------------------------------------------------------- 9. SOLE DISPOSITIVE POWER 242,450 ------------------------------------------------------- 10. SHARED DISPOSITIVE POWER 0 - ------------------------ ------------------------------------------------------- 11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 242,450 12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* [ ] 13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) .4% [Based upon 66,484,455 shares of Common Stock outstanding as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on Form 10-Q for the period ended September 27, 2003.] 14. TYPE OF REPORTING PERSON* OO *SEE INSTRUCTIONS BEFORE FILLING OUT!
CUSIP NO. 60819010 Page 7 of 16 Pages 1. NAME OF REPORTING PERSON S.S. OR IRS IDENTIFICATION NO. OF ABOVE PERSON Aladdin Partners, L.P. 58-2237243 2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ] (b) [X] 3. SEC USE ONLY 4. SOURCE OF FUNDS* Not applicable 5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) [ ] 6. CITIZENSHIP OR PLACE OF ORGANIZATION United States - -------------------------- ----------------------------------------------------- NUMBER OF SHARES 7. SOLE VOTING POWER 9,900,000 BENEFICIALLY OWNED ----------------------------------------------------- BY EACH REPORTING 8. SHARED VOTING POWER 0 PERSON WITH ----------------------------------------------------- 9. SOLE DISPOSITIVE POWER 9,900,000 ----------------------------------------------------- 10. SHARED DISPOSITIVE POWER 0 - -------------------------- ----------------------------------------------------- 11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 9,900,000 12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* [ ] 13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 14.9% [Based upon 66,484,455 shares of Common Stock outstanding as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on Form 10-Q for the period ended September 27, 2003.] 14. TYPE OF REPORTING PERSON* PN *SEE INSTRUCTIONS BEFORE FILLING OUT!
CUSIP NO. 60819010 Page 8 of 16 Pages 1. NAME OF REPORTING PERSON S.S. OR IRS IDENTIFICATION NO. OF ABOVE PERSON ASL Management Corporation 58-2235816 2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ] (b) [X] 3. SEC USE ONLY 4. SOURCE OF FUNDS* Not applicable 5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) [ ] 6. CITIZENSHIP OR PLACE OF ORGANIZATION United States - ------------------------ ------------------------------------------------------- NUMBER OF SHARES 7. SOLE VOTING POWER 9,900,000 BENEFICIALLY OWNED ------------------------------------------------------- BY EACH REPORTING 8. SHARED VOTING POWER 0 PERSON WITH ------------------------------------------------------- 9. SOLE DISPOSITIVE POWER 9,900,000 ------------------------------------------------------- 10. SHARED DISPOSITIVE POWER 0 - ------------------------ ------------------------------------------------------- 11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 9,900,000 12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* [ ] 13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 14.9% [Based upon 66,484,455 shares of Common Stock outstanding as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on Form 10-Q for the period ended September 27, 2003.] 14. TYPE OF REPORTING PERSON* CO *SEE INSTRUCTIONS BEFORE FILLING OUT!
CUSIP NO. 60819010 Page 9 of 16 Pages 1. NAME OF REPORTING PERSON S.S. OR IRS IDENTIFICATION NO. OF ABOVE PERSON JMS Group Limited Partnership 58-2543689 2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ] (b) [X] 3. SEC USE ONLY 4. SOURCE OF FUNDS* Not applicable 5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) [ ] 6. CITIZENSHIP OR PLACE OF ORGANIZATION United States - ------------------------ ------------------------------------------------------- NUMBER OF SHARES 7. SOLE VOTING POWER 2,735,604 BENEFICIALLY OWNED ------------------------------------------------------- BY EACH REPORTING 8. SHARED VOTING POWER 0 PERSON WITH ------------------------------------------------------- 9. SOLE DISPOSITIVE POWER 2,735,604 ------------------------------------------------------- 10. SHARED DISPOSITIVE POWER 0 - ------------------------ ------------------------------------------------------- 11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 2,735,604 12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* [ ] 13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 4.1% [Based upon 66,484,455 shares of Common Stock outstanding as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on Form 10-Q for the period ended September 27, 2003.] 14. TYPE OF REPORTING PERSON* PN *SEE INSTRUCTIONS BEFORE FILLING OUT!
CUSIP NO. 60819010 Page 10 of 16 Pages 1. NAME OF REPORTING PERSON S.S. OR IRS IDENTIFICATION NO. OF ABOVE PERSON SJL Management Company, LLC 58-2541963 2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ] (b) [X] 3. SEC USE ONLY 4. SOURCE OF FUNDS* Not applicable 5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) [ ] 6. CITIZENSHIP OR PLACE OF ORGANIZATION United States - ------------------------- ------------------------------------------------------ NUMBER OF SHARES 7. SOLE VOTING POWER 2,735,604 BENEFICIALLY OWNED ------------------------------------------------------ BY EACH REPORTING 8. SHARED VOTING POWER 0 PERSON WITH ------------------------------------------------------ 9. SOLE DISPOSITIVE POWER 2,735,604 ------------------------------------------------------ 10. SHARED DISPOSITIVE POWER 0 - ------------------------- ------------------------------------------------------ 11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 2,735,604 12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* [ ] 13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 4.1% [Based upon 66,484,455 shares of Common Stock outstanding as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on Form 10-Q for the period ended September 27, 2003.] 14. TYPE OF REPORTING PERSON* OO *SEE INSTRUCTIONS BEFORE FILLING OUT!
CUSIP NO. 60819010 Page 11 of 16 Pages 1. NAME OF REPORTING PERSON S.S. OR IRS IDENTIFICATION NO. OF ABOVE PERSON Cuddy Holdings LP 46-0509050 2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ] (b) [X] 3. SEC USE ONLY 4. SOURCE OF FUNDS* Not applicable 5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) [ ] 6. CITIZENSHIP OR PLACE OF ORGANIZATION United States - ------------------------ ------------------------------------------------------- NUMBER OF SHARES 7. SOLE VOTING POWER 140,000 BENEFICIALLY OWNED ------------------------------------------------------- BY EACH REPORTING 8. SHARED VOTING POWER 0 PERSON WITH ------------------------------------------------------- 9. SOLE DISPOSITIVE POWER 140,000 ------------------------------------------------------- 10. SHARED DISPOSITIVE POWER 0 - ------------------------ ------------------------------------------------------- 11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 140,000 12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* [ ] 13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) .2% [Based upon 66,484,455 shares of Common Stock outstanding as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on Form 10-Q for the period ended September 27, 2003.] 14. TYPE OF REPORTING PERSON* PN *SEE INSTRUCTIONS BEFORE FILLING OUT!
CUSIP NO. 60819010 Page 12 of 16 Pages 1. NAME OF REPORTING PERSON S.S. OR IRS IDENTIFICATION NO. OF ABOVE PERSON Helm Management Corporation 75-3088381 2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ] (b) [X] 3. SEC USE ONLY 4. SOURCE OF FUNDS* Not applicable 5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) [ ] 6. CITIZENSHIP OR PLACE OF ORGANIZATION United States - -------------------------- ----------------------------------------------------- NUMBER OF SHARES 7. SOLE VOTING POWER 140,000 BENEFICIALLY OWNED ----------------------------------------------------- BY EACH REPORTING 8. SHARED VOTING POWER 0 PERSON WITH ----------------------------------------------------- 9. SOLE DISPOSITIVE POWER 140,000 ----------------------------------------------------- 10. SHARED DISPOSITIVE POWER 0 - -------------------------- ----------------------------------------------------- 11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 140,000 12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* [ ] 13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) .2% [Based upon 66,484,455 shares of Common Stock outstanding as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on Form 10-Q for the period ended September 27, 2003.] 14. TYPE OF REPORTING PERSON* CO *SEE INSTRUCTIONS BEFORE FILLING OUT!
CUSIP NO. 60819010 Page 13 of 16 Pages AMENDMENT NO. 7 TO SCHEDULE 13D This Amendment No. 7 to Schedule 13D is being jointly filed by Alan S. Lorberbaum, Jeffrey S. Lorberbaum, Mark Lorberbaum, Suzanne L. Helen, Aladdin Partners, L.P., ASL Management Corporation, JMS Group Limited Partnership, SJL Management Company, LLC, The Alan S. Lorberbaum Family Foundation, Cuddy Holdings LP and Helm Management Corporation, pursuant to a Joint Filing Agreement dated March 7, 2003, to amend, in accordance with Rule 101(a)(2)(ii) of Regulation S-T, the Statement on Schedule 13D jointly filed on March 7, 1994, as amended by Amendment No. 1 filed on April 6, 1994, as amended by Amendment No. 2 filed on February 7, 1995, as amended by Amendment No. 3 filed on June 28, 1996, as amended by Amendment No. 4 filed on February 25, 1998, as amended by Amendment No. 5 filed on January 18, 2002 and as amended by Amendment No. 6 filed on March 10, 2003 (this Amendment No. 7 and the previous filings on Schedule 13D herein referred to as the "Schedule 13D"). The original filing and Amendment Nos. 1 through 4 were filed by Alan S. Lorberbaum, Shirley Lorberbaum (deceased), Jeffrey S. Lorberbaum, Mark Lorberbaum, Suzanne L. Helen, S.H. Sharpe, Joseph Yarbrough, The Jeffrey Lorberbaum Life Trust, The Mark Lorberbaum Life Trust, The Suzanne L. Helen Life Accumulation Trust, Stephen Sharpe, Lynne Mozley, The Lauren A. Lorberbaum Accumulation Trust, The Brian Lorberbaum Accumulation Trust, The Katherine N. Helen Accumulation Trust, The Jan Erik Helen Accumulation Trust, Barry L. Hoffman, Aladdin Partners, L.P., and ASL Management Corporation pursuant to a joint Filing Agreement dated as of March 7, 1994. Shirley Lorberbaum (deceased), S.H. Sharpe, Joseph Yarbrough, The Jeffrey Lorberbaum Life Trust, The Mark Lorberbaum Life Trust, The Suzanne L. Helen Life Accumulation Trust, Stephen Sharpe, Lynne Mozley, The Lauren A. Lorberbaum Accumulation Trust, The Brian Lorberbaum Accumulation Trust, The Katherine N. Helen Accumulation Trust, The Jan Erik Helen Accumulation Trust and Barry L. Hoffman are no longer considered part of the "group" for reporting on a Schedule 13D. Amendment No. 7 to the Schedule 13D is being filed to amend information provided in Item 5 relating to a disposition transaction by JMS Group Limited Partnership on November 24, 2003. Reference is made to previously filed amendments to the Schedule 13D for information in Items not appearing in this filing as a result of there being no changes in those Items. Item 5. Interest in Securities of the Issuer. Item 5 is amended and supplemented by replacing the information previously filed with the following: (a) (b) Schedule I hereto sets forth the number of shares of Common Stock owned of record and which may be deemed to be beneficially owned by each of the Reporting Persons, and is incorporated herein by this reference. In the aggregate, the Reporting Persons may be deemed beneficially to own 13,360,040 shares of Common Stock, or 20.0% ( based on 66,484,455 shares of Common Stock outstanding as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on Form 10 Q for the period ended September 27, 2003 plus exercisable options held by Jeffrey and Mark). Each Reporting Person listed in Item 5(a) hereby expressly declares that the filing of this statement shall not be construed as an admission that such Reporting Person is, for purposes of Section 13(d) or 13(g) of the Securities Exchange Act of 1934, as amended (the "Exchange
CUSIP NO. 60819010 Page 14 of 16 Pages Act"), the beneficial owner of any of the listed securities, except with respect to shares of Common Stock for which each Reporting Person has sole voting and dispositive power unless otherwise stated herein or that the Reporting Persons are a "group" pursuant to Section 13(d)(3) of the Exchange Act. (c) Item 5(c) is amended and supplemented by the information previously filed under this item with the following: On November 24, 2003 JMS Group Limited Partnership sold in a brokerage transaction 1,250,000 shares of Mohawk Common Stock at $69.44 per share. On September 11, 2003, Mark Lorberbaum exercised vested employee stock options for an aggregate of 23,650 shares of Mohawk Common Stock. He had been awarded the options from 1994 to 1999 and the exercise prices ranged from $11.3333 to $30.6875 per share. Since the filing of Amendment No. 6 to the Schedule 13D, The Alan S. Lorberbaum Family Foundation has gifted an aggregate of 8,323 shares and has sold an aggregate of 508 shares ranging in prices from $48.05 to $71.93 per share.
CUSIP NO. 60819010 Page 15 of 16 Pages SIGNATURES 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: November 26, 2003 * ------------------------------------------ ALAN S. LORBERBAUM /s/ Jeffrey S. Lorberbaum ------------------------------------------ JEFFREY S. LORBERBAUM /s/ Mark Lorberbaum ------------------------------------------ MARK LORBERBAUM /s/ Suzanne L. Helen ------------------------------------------ SUZANNE L. HELEN THE ALAN S. LORBERBAUM FAMILY FOUNDATION By /s/ Suzanne L. Helen ---------------------------------------- SUZANNE L. HELEN, CHAIR PERSON CUDDY HOLDINGS LP By /s/ Jeffrey S. Lorberbaum --------------------------------------- HELM MANAGEMENT CORPORATION GENERAL PARTNER JEFFREY S. LORBERBAUM, PRESIDENT OF HELM MANAGEMENT CORPORATION HELM MANAGEMENT CORPORATION By /s/ Jeffrey S. Lorberbaum ---------------------------------------- JEFFREY S. LORBERBAUM, PRESIDENT
CUSIP NO. 60819010 Page 16 of 16 Pages ALADDIN PARTNERS, L.P. By ASL MANAGEMENT CORPORATION, GENERAL PARTNER By /s/ Jeffrey S. Lorberbaum ---------------------------------------- JEFFREY S. LORBERBAUM, CHIEF EXECUTIVE OFFICER ASL MANAGEMENT CORPORATION By /s/ Jeffrey S. Lorberbaum ---------------------------------------- JEFFREY S. LORBERBAUM, CHIEF EXECUTIVE OFFICER JMS GROUP LIMITED PARTNERSHIP By SJL MANAGEMENT COMPANY, LLC, GENERAL PARTNER By /s/ Jeffrey S. Lorberbaum ---------------------------------------- JEFFREY S. LORBERBAUM, MEMBER SJL MANAGEMENT COMPANY, LLC By /s/ Jeffrey S. Lorberbaum --------------------------------------- JEFFREY S. LORBERBAUM, MEMBER * By /s/ Jeffrey S. Lorberbaum ------------------------- Jeffrey S. Lorberbaum, Power of Attorney
CUSIP NO. 60819010 1 SCHEDULE I ---------- Beneficial Percent of Sole Voting and Shared Voting and Name Ownership(1) Outstanding(2) Dispos. Power Dispos. Power(3) ---- ------------ -------------- --------------- ------------------ Alan S. Lorberbaum 242,450(4) 0.4% 0 242,450(4) Jeffrey Lorberbaum 13,231,679(5) 19.9% 10,239,535(6) 2,978,054(7) Mark Lorberbaum 3,007,780(8) 4.5% 29,726(9) 2,978,054(7) Suzanne L. Helen 3,076,689(10) 4.6% 98,635 2,978,054(7) The Alan S. Lorberbaum Family 242,450 0.4% 242,450 0 Foundation Aladdin Partners, L.P. 9,900,000 14.9% 9,900,000 0 ASL Management Corporation 9,900,000(11) 14.9% 9,900,000(11) 0 JMS Group Limited Partnership 2,735,604 4.1% 2,735,604 0 SJL Management Company,LLC 2,735,604(12) 4.1% 2,735,604(12) 0 Cuddy Holdings LP 140,000 0.2% 140,000 0 Helm Management Corporation 140,000(13) 0.2% 140,000 0 (1) Shares of Common Stock which may be deemed to be beneficially owned by each Reporting Person. The Reporting Persons disclaim beneficial ownership of certain of these shares, as is more fully set forth in Item 5 of this schedule.
CUSIP NO. 60819010 2 (2) Based on 66,484,455 shares of Common Stock outstanding as of October 31, 2003 as disclosed in Mohawk's Quarterly Report on Form 10-Q for the period ended September 27, 2003. (3) Shares of Common Stock over which the respective Reporting Person may be deemed to have shared voting and dispositive power. (4) Represents shares held by The Alan S. Lorberbaum Family Foundation (the "Foundation") of which Alan S. Lorberbaum is a trustee and thus may be deemed to share voting and dispositive power with respect to all such shares. (5) Includes 9,900,000 shares held by Aladdin Partners, Inc. (the "Aladdin Partners "). Mr. Jeffrey S. Lorberbaum, as president and majority owner of ASL Management Corporation ("ASL"), the majority general partner of Aladdin Partners, may have sole voting and dispositive power with respect to all such shares. Includes 140,000 shares held by Cuddy Holdings LP ("Cuddy"). Mr. Jeffrey S. Lorberbaum, as president and majority owner of Helm Management Corporation ("Management Corp."), the majority general partner of Cuddy, may have sole voting and dispositive power with respect to all such shares. Includes 242,450 shares held by the Foundation of which Mr. Jeffrey S. Lorberbaum is a trustee and thus may be deemed to share voting and dispositive power with respect to such shares. Includes 2,735,604 held by JMS Group Limited Partnership ("JMS, L.P."). Mr. Jeffrey S. Lorberbaum, as a member SJL Management Company, LLC ("SJL, LLC"), the majority general partner of JMS, L.P., may have shared voting and dispositive power with respect to all such shares. Includes 194 shares held by Jeffrey S. Lorberbaum in an employer sponsored 401(k) plan, 102,200 shares issuable upon exercise of employee stock options which are exercisable within 60 days of this report and 111,231 shares directly held. (6) Includes 9,900,000 shares held by Aladdin Partners, 140,000 shares held by Cuddy, which Mr. Jeffrey S. Lorberbaum may have sole voting and dispositive power with respect to all such shares, 194 shares held in an employer sponsored 401(k) plan, 102,200 shares issuable upon exercise of employee stock options which are exercisable within 60 days of this report and 111,231 shares directly held. (7) Includes 2,735,604 held by JMS L.P. of which reporting person is a member of SJL, LLC, the general partner, and 242,450 shares held by the Foundation of which the reporting person is a trustee and thus may be deemed to share voting and dispositive power with respect to all such shares. (8) Includes 2,735,604 held by JMS L.P. of which Mark Lorberbaum is a member of SJL, LLC, the majority general partner of JMS, L.P., and as a result may have shared voting and dispositive power with respect to all such shares. Includes 242,450 shares held by the Foundation of which Mark Lorberbaum is one of the trustees and as a result may have shared voting and dispositive power with respect to all such shares. Includes 2,800 shares subject to employee stock options currently exercisable within 60 days of this report, 3,276 shares held by Mark
CUSIP NO. 60819010 3 Lorberbaum in an employer sponsored 401(k) plan and 23,650 shares directly held. Does not include 9,900,000 shares held by the Aladdin Partners, of which Mark Lorberbaum is a minority general partner, or the 140,000 shares held by Cuddy, which Mr. Jeffrey S. Lorberbaum may have sole voting and dispositive power with respect to all such shares. (9) Includes 2,800 shares subject to employee stock options currently exercisable within 60 days of this report, 3,276 shares held by Mark Lorberbaum in an employer sponsored 401(k) plan and 23,650 shares directly held. (10) Includes 2,735,604 held by JMS L.P. of which Suzanne Helen is a member of SJL, LLC, the majority general partner of JMS, L.P., and as a result may have shared voting and dispositive power with respect to all such shares. Includes 242,450 shares held by the Foundation of which Suzanne Helen is chair person and one of the trustees and as a result may have shared voting and dispositive power with respect to all such shares. Does not include 9,900,000 shares held by the Aladdin Partners, of which Suzanne Helen is a minority general partner, or the 140,000 shares held by Cuddy, which Mr. Jeffrey S. Lorberbaum may have sole voting and dispositive power with respect to all such shares. (11) Shares held by the Aladdin Partners. ASL, as the majority general partner of the Aladdin Partners, shares voting and dispositive power with respect to all such shares. (12) Shares held by JMS L.P. SJL, LLC, as the general partner of JMS L.P., shares voting and dispositive power with respect to all such shares. (13) Shares held by Cuddy. Management Corp., as the general partner of Cuddy, shares voting and dispositive power with respect to all such shares.