Sec Form 3 Filing - MERRILL LYNCH & CO INC @ CHART INDUSTRIES INC - 2003-09-15

Insider filing report for Changes in Beneficial Ownership
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FORM 3
Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP
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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1. Name and Address of Reporting Person
MERRILL LYNCH & CO INC
2. Issuer Name and Ticker or Trading Symbol
CHART INDUSTRIES INC [ CIDI]
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
_____ Director X __ 10% Owner
_____ Officer (give title below) _____ Other (specify below)
(Last) (First) (Middle)
4 WORLD FINANCIAL CENTER, NORTH TOWER
3. Date of Earliest Transaction (MM/DD/YY)
09/15/2003
(Street)
NEW YORK, NY10080
4. If Amendment, Date Original Filed (MM/DD/YY)
6. Individual or Joint/Group Filing (Check Applicable Line)
__ X __ Form filed by One Reporting Person
_____ Form filed by More than One Reporting Person
(City) (State) (Zip)
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
1.Title of Security
(Instr. 3)
2. Transaction Date (MM/DD/YY) 2A. Deemed Execution Date, if any (MM/DD/YY) 3. Transaction Code
(Instr. 8)
4. Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5)
5. Amount of Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 3 and 4)
6. Ownership Form: Direct (D) or Indirect (I)
(Instr. 4)
7. Nature of Indirect Beneficial Ownership
(Instr. 4)
Code V Amount (A) or (D) Price
Common Stock 225,588 ( 1 ) ( 2 ) ( 3 ) D
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
( e.g. , puts, calls, warrants, options, convertible securities)
1. Title of Derivative Security
(Instr. 3)
2. Conversion or Exercise Price of Derivative Security 3. Transaction Date (MM/DD/YY) 3A. Deemed Execution Date, if any (MM/DD/YY) 4. Transaction Code
(Instr. 8)
5. Number of Derivative Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4, and 5)
6. Date Exercisable and Expiration Date
(MM/DD/YY)
7. Title and Amount of Underlying Securities
(Instr. 3 and 4)
8. Price of Derivative Security
(Instr. 5)
9. Number of Derivative Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 4)
10. Ownership Form of Derivative Security: Direct (D) or Indirect (I)
(Instr. 4)
11. Nature of Indirect Beneficial Ownership
(Instr. 4)
Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares
Reporting Owners
Reporting Owner Name / Address Relationships
Director 10% Owner Officer Other
MERRILL LYNC H & CO INC
4 WORLD FINANCIAL CENTER, NORTH TOWER
NEW YORK, NY10080
X
Signatures
/s/ Jonathan N. Santeli, as Assistant Secretary & Attorney-in-Fact 10/19/2005
Signature of Reporting Person Date
Explanation of Responses:
( 1 )These shares of the Issuer's common stock, par value $0.01 per share ("Shares"), were acquired by Merrill Lynch, Pierce,Fenner & Smith Incorporated, a Delaware corporation ("MLPFS"), in connection with the Issuer's (and certain of its U.S.subsidiaries) emergence from Chapter 11 bankruptcy proceedings on September 15, 2003 (the "Consummation Date"). Pursuant tothe Issuer's bankruptcy plan (the "Plan"), 4,271,419 Shares were issued to certain senior lenders of the Issuer prior to itsbankruptcy, including MLPFS and its parent holding company, Merrill Lynch & Co., Inc. ("MLC", and, collectively with MLPFS,the "Reporting Persons"), as of the Consummation Date. Of this amount, 225,588 Shares were issued to MLPFS.
( 2 )As of the Consummation Date, the Issuer and certain significant holders of Shares, including the Reporting Persons (the"Stockholder Parties"), entered into the Investor Rights Agreement pursuant to the Plan. The Reporting Persons' ability tovote or dispose of the Shares is controlled by the terms of the Investor Rights Agreement. As a result of being a party tothe Investor Rights Agreement, the Reporting Persons may be deemed to be a member of a "group", along with such otherShareholder Parties, pursuant to Section 13(d) of the Securities Exchange Act of 1934, as amended (the "Act"), that,combined, has beneficial ownership of more than 10% of the Issuer's outstanding Shares.
( 3 )The filing of this statement shall not be deemed an admission that any of the Reporting Persons are members of any such"group" or that any of the Reporting Persons is the beneficial owner of any Shares or other securities owned by any otherperson. The Reporting Persons disclaim beneficial ownership of the Shares subject to the Investor Rights Agreement exceptto the extent of their pecuniary interest therein. The filing of this statement shall also not be deemed a determinationthat this filing is required under Section 16(a) of the Act.

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