marek_skye-13da2.htm
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
SCHEDULE
13D/A
Under
the Securities Exchange Act of 1934
Amendment
No. 2
SKYE
INTERNATIONAL, INC.
(Name of
Issuer)
Common Stock, $0.001 par
value
(Title of
Class of Securities)
83083D
20 6
(CUSIP
Number)
Fay
M .Matsukage
Dill
Dill Carr Stonbraker & Hutchings, P.C.
455
Sherman Street, Suite 300
Denver, CO 80203
(Name,
Address and Telephone Number of Person Authorized to
Receive
Notices and Communications)
April
20, 2009
(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 o.
NOTE:
Schedules filed in paper format shall include a signed original and five copies
of the schedule, including all exhibits. See §§240.13d-7 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
disclosures 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
(“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. 83083D 20
6 |
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4
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SCHEDULE
13D
1
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NAME
OF REPORTING
PERSONS
I.R.S.
IDENTIFICATION NOS. OF ABOVE PERSONS (Entities Only)
Thaddeus (Ted) F.
Marek
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2
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CHECK
THE APPROPRIATE BOX IF A MEMBER OF A GROUP
(See
Instructions)
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(a)
x
(b) o
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3
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SEC
USE ONLY
|
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4
|
SOURCE
OF FUNDS (See Instructions)
PF
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5
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CHECK
IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR
2(e)
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o
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6
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CITIZENSHIP
OR PLACE OF ORGANIZATION
United
States
|
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NUMBER
OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON
WITH
|
7
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SOLE
VOTING POWER
3,335,406
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8
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SHARED
VOTING POWER
649,500
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9
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SOLE
DISPOSITIVE POWER
3,335,406
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10
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SHARED
DISPOSITIVE POWER
649,500
|
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11
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AGGREGATE
AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
3,984,906
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12
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CHECK
IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES (See
Instructions)
|
o |
13
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PERCENT
OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
25.60%
|
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14
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TYPE
OF REPORTING PERSON*
IN
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|
INCLUDE
BOTH SIDES OF THE COVER PAGE, RESPONSES TO ITEMS 1-7 (INCLUDING
EXHIBITS) OF THE SCHEDULE, AND THE SIGNATURE
ATTESTATION.
CUSIP No. 83083D 20
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4
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Item
1.
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Security
and Issuer.
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This
statement on Schedule 13D (this “Statement”) relates
to the Common Shares, $0.001 par value (“Common Shares”), of
Skye International, Inc., a Nevada corporation (the “Issuer”). The
address of the principal executive office of the Issuer is 7701 E. Gray Road,
Suite 104 Scottsdale, Arizona 85260.
Item
2.
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Identity
and Background.
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(a)
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Name: Thaddeus
(Ted) F. Marek
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(b)
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Present
principal occupations: Principal and designated broker for Ted
Marek Real Estate Co.
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(c)
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Address
of principal office: 9977 N. 90th
Street, Suite 220, Scottsdale, Arizona
85258
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(d)
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Conviction
in a criminal
proceeding: no
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(e)
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Violations
of federal or state securities
laws: no
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(f)
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Citizenship: United
States
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Item
3.
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Source
and Amount of Funds or Other
Consideration.
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Mr.
Marek, through Ted Marek Real Estate Defined Benefit Pension Plan (the “Plan”),
was issued 43,750 shares of common stock of the Issuer in connection with
investments of debt securities of the Issuer totaling $350,000 in
2004. Mr. Marek, the Plan and Ted Marek Family Trust (the “Trust”)
began purchasing shares of the Issuer in the open market beginning in December
2006. Mr. Marek and his wife, Beverly A. Marek, are the trustees of
the Trust. Personal funds were used for all investments and
purchases.
During
2007 and through October 24, 2008, Mr. Marek, the Plan and the Trust purchased a
total of 1,918,406 shares from the Issuer for $787,965 in private
placements.
During
2007 and through October 24, 2008, the Issuer has issued Mr. Marek a total of
75,000 shares for his service as a director.
Effective
October 1, 2008 Mr. Marek was issued a common share purchase option entitling
him to purchase up to 500,000 common shares at $0.50 per share until September
30, 2013.
From
November 2008 through April 20, 2009, the Issuer issued Mr. Marek a total of
370,000 shares as compensation under his personal services
agreement.
Effective
March 1, 2009, Mr. Marek was issued a common share purchase option entitling him
to purchase up to 500,000 common shares at $0.50 per share until February 28,
2014.
Personal
funds were used for all investments and purchases.
Item
4.
|
Purpose
of Transaction.
|
Mr. Marek
became a director of the Issuer in January 2007 and an officer of the Issuer in
October 2007. The Issuer’s board of directors has determined that it
is necessary for the Issuer to issue debt and/or equity securities to implement
its plan of operations. Mr. Marek, the Plan, and/or the Trust may
participate in a private placement of such securities from time to
time.
As a
director, Mr. Marek tries to determine whether the persons serving as directors
or management best serve the needs of the Issuer. Accordingly, from
time to time, Mr. Marek may propose a change to the Issuer’s board of directors
and/or management in carrying out this duty.
CUSIP No. 83083D 20
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4 of
4
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A reverse
split of the Issuer’s common stock on a 1 for 4 basis was effected in May 2008
and the common stock now bears CUSIP No. 83083D 20 6.
Except as
described herein, Mr. Marek does not presently have any plan and is not
considering any proposal that relates or would result in any of the actions
enumerated in Item 4 of Schedule 13D. Mr. Marek may form such a plan
or proposal in the future.
Item
5.
|
Interest
in Securities of the Issuer.
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(a)
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As
April 20, 2009, Ted Marek beneficially owns 3,335,406 shares of common
stock (including an option to purchase 1,000,000 shares), Ted Marek Family
Trust owns 649,500 shares, and Ted Marek Real Estate Defined Benefit
Pension Plan owns 1,082,500 shares. As of April 20, 2009, Ted
Marek, Ted Marek Family Trust and Ted Marek Real Estate Defined Benefit
Pension Plan as a group had a beneficial interest in 3,984,906 shares of
common stock of the Issuer (25.60%) of the
Issuer.
|
(b)
|
As
of April 20, 2009, Ted Marek had sole power to vote and dispose of
3,335,406 shares of common stock and shared power to vote and dispose of
649,500 shares of common stock.
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(c)
|
During
the sixty-day period preceding the filing of this Schedule 13D, there were
no transactions in the Issuer’s shares of common stock by Mr. Marek other
than the receipt of 120,000 shares as compensation and an option to
purchase 500,000 shares of the Issuer’s common stock on March 1,
2009.
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(d)
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No
other person is known to have the right to receive or the power to direct
the receipt of dividends from, or the proceeds from the sale of, shares of
common stock beneficially owned by Mr. Marek, except Beverly A. Marek to
the extent of the shares owned by the
Trust.
|
(e)
|
Mr.
Marek continues to make open market purchases of Skye International Inc.
common stock from time to time and he continues to be the beneficial owner
of more than five percent of the Issuer’s outstanding shares of common
stock.
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Item
6.
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Contracts,
Arrangements, Understandings or Relationships With Respect to Securities
of the Issuer.
|
None.
Item7.
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Material
to be Filed as Exhibits.
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None.
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.
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April
23, 2009
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/s/ Ted
F. Marek
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Thaddeus
(Ted) F. Marek
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