formsctoia.htm
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
SCHEDULE
TO
(Amendment
No. 6)
(Rule
14d-100)
Tender
Offer Statement under Section
14(d)(1)
or 13(e)(1) of the Securities Exchange Act of 1934
Colonial
Commercial Corp.
(Name of
Subject Company (Issuer) and Filing Person (as Offeror))
Convertible
Preferred Stock, Par Value $0.05 Per Share
(Title of
Class of Securities)
195621.503
(CUSIP
Number of Class of Securities)
William
Pagano
Colonial
Commercial Corp.
275
Wagaraw Road, Hawthorne, NJ 07506
Telephone:
(973) 427-3320
(Name,
Address and Telephone Number of Person Authorized
to
Receive Notices and Communications on Behalf of Filing Persons)
CALCULATION
OF FILING FEE
Transaction
Valuation*
|
Amount
of Filing Fee
|
$446,033
|
$24.88
|
*
Pursuant to General Instruction D to Schedule TO, a filing fee is not required
in connection with this filing as it relates solely to preliminary
communications made before the commencement of a tender offer.
x
|
Check
box if any part of the fee is offset as provided by Rule 0-11(a)(2) and
identify the filing with which the offsetting fee was previously paid.
Identify the previous filing by registration statement number, or the Form
or Schedule and the date of its
filing.
|
Amount
Previously Paid: $24.88
|
Filing
Party: Colonial Commercial Corp. (Issuer and Filing
Person)
|
Form
or Registration No.: SC TO-I
|
Date
Filed: July 9, 2009
|
o Check the box if the
filing relates solely to preliminary communications made before the commencement
of a tender offer.
Check the
appropriate boxes below to designate any transactions to which the statement
relates:
o third-party tender
offer subject to Rule 14d-1.
x issuer tender offer
subject to Rule 13e-4.
x going-private
transaction subject to Rule 13e-3.
o amendment to Schedule
13D under Rule 13d-2.
Check the
following box if the filing is a final amendment reporting the results of the
tender offer: o
INTRODUCTORY
STATEMENT
This
Amendment No. 6 amends and supplements the Tender Offer Statement under cover of
Schedule TO, as amended (the “Schedule TO”), originally filed with the
Securities and Exchange Commission on July 9, 2009 by Colonial Commercial Corp.
(the “Company”), as amended by Amendment No. 1 to Schedule TO filed on July 14,
2009, as amended by Amendment No. 2 to Schedule TO filed on August 7, 2009, as
amended by Amendment No. 3 to Schedule TO filed on August 20, 2009, as amended
by Amendment No. 4 to Schedule TO filed on August 21, 2009 and as amended by
Amendment No. 5 to Schedule TO filed on September 23, 2009.
The
Company is filing this amended Schedule TO to set forth that as of September 22,
2009, 117,473 shares of Convertible Preferred Stock were tendered pursuant to
its tender offer for Convertible Preferred Stock, instead of 142,604 shares as
incorrectly reported by the Company on September 23, 2009.
Item 12
of the Schedule TO is further amended and supplemented by adding the following
thereto:
Exhibit
No.
|
Description
|
(a)(16)
|
Press
Release dated September 24, 2009, filed
herewith
|
Item12.
Exhibits
Exhibit
No.
|
Description
|
|
Press
Release dated September 24, 2009, filed
herewith
|
SIGNATURES
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.
COLONIAL
COMMERCIAL CORP.
Dated:
September 24, 2009
By: /s/ William
Pagano
Name:
William Pagano
Title:
Chief Executive Officer