PROSPECTUS SUPPLEMENT NO. 4 |
Filed
Pursuant to Rule 424(b)(7)
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(To
Prospectus dated May 10, 2007 as supplemented and amended by
prospectus supplement no. 1 dated June 13, 2007, prospectus supplement no. 2 dated July 17, 2007 and prospectus supplement no. 3 dated August 24, 2007) |
Registration
Statement No.
333-142820
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Selling
Shareholder
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Number
of Shares Beneficially Owned Prior to the
Offering(1)(2)
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Percentage
of Shares Beneficially Owned Prior to the
Offering(3)
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Number
of Shares Offered Pursuant to this Prospectus
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Number
of Shares Beneficially Owned After the
Offering(4)
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Percentage
of Shares Beneficially Owned After the
Offering(3)
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Bear,
Stearns & Co. Inc.
(5)
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452,746
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*
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396,071
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56,675
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*
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Barclays
Capital Securities Limited
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495,089
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*
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495,089
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0
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*
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Lehman
Brothers Inc. (6)
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178,232
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*
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178,232
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0
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*
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Polygon
Global Opportuities Master Fund (7)
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396,071
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*
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396,071
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0
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*
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(1)
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Based
on information available to us as of September 26, 2007 in
Selling Security Holder Notices and Questionnaires delivered by
the
selling shareholders.
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(2)
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The
number of common shares issuable upon the exchange or
redemption of the notes assumes exchange of the full amount of
notes held
by each selling shareholder at the initial exchange rate of 39.6071
shares
of our common shares per $1,000 principal amount of notes and a
cash
payment in lieu of any fractional share, even though we are required
to
pay the first $1,000 of exchange value in cash. The exchange rate
is
subject to adjustment in certain events.
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(3)
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Based
on a total of 64,073,954 shares of our common stock
outstanding as of September 25, 2007.
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(4)
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Assumes
the selling shareholder sells all of its common shares
offered pursuant to this prospectus.
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(5) |
Michael Lloyd,
Senior Managing Director, exercises voting
and/or dispositive powers with respect to these securities. In
December 2004 and January 2005, Bear Stearns & Co. served as sole lead
manager for public offerings of our $155,000,000 liquidation preference
6.50% Series C Cumulative Convertible Preferred Stock (“Series C Preferred
Shares”). In January and March 2007, Bear Stearns & Co. served as
joint book-running manager for our private offerings of an
aggregate $450,000,000 original principal amount of the notes.
Bear
Stearns & Co. and its affiliates have performed various financial
advisory and investment banking services for us from time to time.
Bear
Stearns & Co. and its affiliates have received customary fees and
commissions for these transactions. An affiliate of Bear, Stearns
&
Co. is a party to a master repurchase agreement with a subsidiary
of
Concord Debt Holdings LLC, the Lexington Master Limited Partnership’s
joint venture with Winthrop Realty Trust. Bear Stearns & Co. has
reported (i) a short position in our common shares of 203,300 as
of
September 5, 2007 and (ii) a short position in our 7.55% Series
D
Cumulative Redeemable Preferred Stock of 81,300 shares as of September
5,
2007. As of August 14, 2007, an affiliate of Bear Stearns & Co. held
an additional $9,500,000 original principal 5.45% Exchangeable
Guaranteed
Notes due 2027. Carl D. Glickman, an independent director of The
Bear
Stearns Companies, is Lead Trustee and the Chairman of the Executive
Committee of our Board of Trustees.
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(6) |
In January and March 2007, Lehman Brothers Inc. served as joint-book
running manager for our private offerings of an aggregate $450,000,000
original principal amount of the notes.
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(7)
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Polygon
Investment Partners LLP, Polygon Investment Partners LP, and
Polygon
Investment Partners HK Limited (the "Investment Managers"), Polygon
Investments Ltd. (the "Manager"), Alexander Jackson, Reade Griffith
and
Paddy Dear share voting and dispositive power of the securities
held by
Polygon Global Opportunities Master Fund (the "Master
Fund"). The Investment Managers, the Manager, Alexander
Jackson, Reade Griffith and Paddy Dear disclaim beneficial ownership
of
the securities held by the Master Fund.
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