UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940 |
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Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | SEC 1473 (7-02) | ||
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. |
1. Title of Derivative Security (Instr. 4) |
2. Date Exercisable and Expiration Date (Month/Day/Year) |
3. Title and Amount of Securities Underlying Derivative Security (Instr. 4) |
4. Conversion or Exercise Price of Derivative Security | 5. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 5) |
6. Nature of Indirect Beneficial Ownership (Instr. 5) |
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Date Exercisable | Expiration Date | Title | Amount or Number of Shares |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
WACHOVIA CORP NEW 301 SOUTH COLLEGE STREET CHARLOTTE, NC 28288 |
 |  X |  |  |
/s/ Mark C. Treanor, Senior Executive Vice President | 09/22/2005 | |
**Signature of Reporting Person | Date |
* | If the form is filed by more than one reporting person, see Instruction 5(b)(v). |
** | Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). |
(1) | Wachovia Corporation ("Wachovia") is filing this Form 3 solely because Wachovia may be deemed a beneficial owner pursuant to Section 13(d) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), of 34,447,722 shares of common stock of WFS Financial Inc (the "WFS Shares") pursuant to the Agreement and Plan of Merger, dated as of September 12, 2005, by and among, Wachovia, Westcorp, Western Financial Bank and WFS Financial Inc (the "Merger Agreement"). Further, Wachovia may be deemed a beneficial owner pursuant to Section 13(d) of the Exchange Act of 20,890,258 shares of common stock of Westcorp (the "Westcorp Shares" and, together with the WFS Shares, the "Shares") pursuant to a Shareholder Voting Agreement, dated as of September 12, 2005, entered into by Wachovia, American Assets, Inc., the Ernest S. Rady Trust and Ernest S. Rady, as shareholder representative (the "Voting Agreement") in connection with the Merger Agreement. |
(2) | For additional information regarding the Merger Agreement and the Voting Agreement, see the Schedule 13D filed by Wachovia with the Securities and Exchange Commission on the date hereof. Wachovia disclaims beneficial ownership of the Shares and this filing shall not be deemed an admission that Wachovia is the beneficial owner of the Shares for purposes of Section 16 of the Exchange Act or for any other purpose. Wachovia has no "pecuniary interest" in the Shares. |