UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
SCHEDULE
13D
Under
the Securities Exchange Act of 1934
(Amendment
No. 1)
Crosstex
Energy, Inc.
————————————————————————————————————
(Name
of
Issuer)
Common
Stock, $0.01 par value
————————————————————————————————————
(Title
of Class of Securities)
22765Y
10 4
————————————————————————————————————
(CUSIP
Number)
with
a
copy to:
David
C.
Kuehl
c/o
Lubar
& Co., Incorporated
700
North
Water Street, Suite 1200
Milwaukee,
Wisconsin 53202
(414)
291-9000
————————————————————————————————————
(Name,
Address and Telephone Number of Persons Authorized to Receive Notices and
Communications)
December
31, 2008
————————————————————————————————————
(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 §§240.13d-1(e), 240.13d-1(f) or 240.13d-1(g), check the
following box. [
X
]
*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 the
disclosures provided in a prior cover page.
The
information required in 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
("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.
22765Y
10
4
|
|
|
1.
|
Names
of Reporting
Person
S
heldon
B.
Lubar
I.R.S.
Identification Nos. of Above Person (Entities Only)
|
|
2.
|
Check
the
Appropriate Box if a Member of a Group
(a) [ ]
(b) [ ]
|
|
3.
|
SEC
Use
Only
|
|
4.
|
Source
of
Funds
PF
and OO
|
|
5.
|
Check
if Disclosure
of Legal Proceedings Is Required Pursuant to Items 2(d) or
2(e) [ ]
|
|
6.
|
Citizenship
or Place
of Organization
USA
|
|
NUMBER
OF
|
7.
|
Sole
Voting Power
16,085 (See
Item 5)
|
|
SHARES
BENEFICIALLY
|
8.
|
Shared
Voting Power
2,460,087 (See
Item 5)
|
|
PERSON
WITH
|
9.
|
Sole
Dispositive Power
16,085 (See
Item 5)
|
|
|
10.
|
Shared
Dispositive Power
2,460,087 (See
Item 5)
|
|
|
|
|
11.
|
Aggregate
Amount Beneficially Owned by Each Reporting Person
2,476,172 (See
Item 5)
|
|
12.
|
Check
if
the Aggregate Amount in Row (11) Excludes Certain
Shares [ ]
(See
Item 5)
|
|
13.
|
Percent
of Class Represented by Amount in Row (11)
5.3%
(See Item 5)
|
|
14.
|
Type
of
Reporting Person
IN
|
|
CUSIP
No.
22765Y
10
4
|
|
|
1.
|
Names
of
Reporting Person
David
J. Lubar
I.R.S.
Identification Nos. of Above Person (Entities Only)
|
|
2.
|
Check
the
Appropriate Box if a Member of a Group
(a) [ ]
(b) [ ]
|
|
3.
|
SEC
Use
Only
|
|
4.
|
Source
of
Funds
PF
and OO
|
|
5.
|
Check
if
Disclosure of Legal Proceedings Is Required Pursuant to Items 2(d)
or
2(e) [ ]
|
|
6.
|
Citizenship
or Place
of Organization
|
|
NUMBER
OF
|
7.
|
Sole
Voting Power
0 (See
Item 5)
|
|
SHARES
BENEFICIALLY
|
8.
|
Shared
Voting Power
2,460,087 (See
Item 5)
|
|
PERSON
WITH
|
9.
|
Sole
Dispositive Power
0 (See
Item 5)
|
|
|
10.
|
Shared
Dispositive
Power
2,460,087 (See
Item 5)
|
|
|
|
|
11.
|
Aggregate
Amount Beneficially Owned by Each Reporting Person
2,460,087 (See
Item 5)
|
|
12.
|
Check
if
the Aggregate Amount in Row (11) Excludes Certain
Shares [ ]
(See
Item 5)
|
|
13.
|
Percent
of Class Represented by Amount in Row (11)
5.3%
(See Item 5)
|
|
14.
|
Type
of
Reporting Person
IN
|
Explanatory
Note:
This
Amendment No. 1 amends and supplements the Schedule 13D filed on January 22,
2009 by Sheldon B. Lubar and David J. Lubar (the "Schedule 13D"), and it is
being filed solely to correct an error made in the Schedule 13D, which was
that
6,666 shares of Issuer Common Stock owned by Lubar Nominees were reported as
owned by Sheldon B. Lubar. Each item below amends and supplements the
information disclosed under the corresponding item of the Schedule
13D. Capitalized terms used but not otherwise defined in this
document have the meanings ascribed to them in the Schedule 13D.
Item
3. Source and Amount of Funds or Other Consideration
Item
3 of
the Schedule 13D is hereby deleted and replaced with the following:
As
of
December 31, 2008, the Issuer has issued to Sheldon B. Lubar 1,085 shares
of restricted stock that vest in May 2009 and options to purchase 15,000
shares of Issuer Common Stock which are exercisable as of the date
hereof.
As
of
December 31, 2008, Lubar Nominees, a Wisconsin general partnership, holds
1,991,877 shares of Issuer Common Stock. Such shares were purchased
from the Issuer or from shareholders of the Issuer, for cash from the personal
funds of Lubar Nominees' general partners. The Reporting Persons are
general partners of Lubar Nominees, and as a result the Reporting Persons may
be
deemed to beneficially own the shares of Issuer Common Stock held by Lubar
Nominees. Each of Sheldon B. Lubar and David J. Lubar disclaims
beneficial ownership of all shares of Issuer Common Stock held by Lubar Nominees
except to the extent of his pecuniary interest therein.
As
of
December 31, 2008, Lubar Equity Fund, LLC ("LEF"), a Wisconsin limited liability
company, had purchased 468,210 shares of Issuer Common Stock. Such
shares were purchased from the Issuer in private placements or from shareholders
of the Issuer in private transactions, for cash from the working capital of
LEF. The Reporting Persons are the directors and officers of Lubar
& Co., Incorporated, the manager of LEF, and as a result may be deemed to
beneficially own the shares of Issuer Common Stock held by LEF. Each
of Sheldon B. Lubar and David J. Lubar disclaims beneficial ownership of all
shares of Issuer Common Stock held by LEF except to the extent of his pecuniary
interest therein.
Item
5. Interest in Securities of the Issuer
Item
5 of
the Schedule D is deleted and replaced with the following:
Sheldon
B. Lubar beneficially owns 16,085 shares of Issuer Common Stock with sole voting
and dispositive power, and he beneficially owns 2,460,087 shares of Issuer
Common Stock with shared voting and dispositive power, consisting of 1,991,877
shares held by Lubar Nominees and 468,210 shares held by LEF. In the
aggregate, Sheldon B. Lubar beneficially owns 2,476,172 shares of Issuer Common
Stock, representing 5.3% of the outstanding shares of Issuer Common Stock (based
on 46,310,864 shares of Issuer Common Stock outstanding on October 31,
2008, as disclosed by the Issuer in its Form 10-Q filed with the Securities
and
Exchange Commission on November 10,
2008). The shares beneficially owned by Sheldon B. Lubar include
15,000 shares subject to stock options that are currently
exercisable.
David
J.
Lubar beneficially owns 2,460,087 shares of Issuer Common Stock with shared
voting and dispositive power, consisting of 1,991,877 shares held by Lubar
Nominees and 468,210 shares held by LEF, representing 5.3% of the outstanding
shares of Issuer Common Stock (based on 46,310,864 shares of Issuer Common
Stock
outstanding on October 31, 2008, as disclosed by the Issuer in its Form
10-Q filed with the Securities and Exchange Commission on November 10,
2008).
Each
of
Sheldon B. Lubar and David J. Lubar disclaims beneficial ownership of all shares
of Issuer Common Stock held by Lubar Nominees or LEF except to the extent of
his
pecuniary interest therein.
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
as
of February 24th, 2009.
|
|
/s/ Sheldon
B.
Lubar
Sheldon
B. Lubar
|
|
|
|
|
|
/s/ David
J.
Lubar
David
J. Lubar
|
6
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