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 (the “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.   89055F103

13G

CUSIP No.   89055F103

13G

Item 1(a)

 

Name of Issuer:

 

 

 

 

 

 

 

 

 

The name of the issuer is TopBuild Corp. (the "Company").

 

 

Item 1(b)

 

Address of Issuer's Principal Executive Offices:

 

 

 

 

 

 

 

 

 

The Company's principal executive office is located at 260 Jimmy Ann Drive, Daytona Beach, Florida 32114.

 

 

 

 

 

Item 2(a)

 

Name of Person Filing:

 

 

 

 

 

 

 

 

 

Address of Principal Business Office or, if none, Residence:

The address of the principal business office of each of the Reporting Persons is Two Greenwich Plaza, Greenwich, CT 06830.

Citizenship:

Silver Point Capital, L.P. is organized as a limited partnership under the laws of the State of Delaware. Both Mr. Mulé and Mr. O'Shea are U.S. citizens.

Title of Class of Securities:

CUSIP No.:

89055F103

 

If this statement is filed pursuant to Rules 13d-1(b), or 13d-2(b), check whether the person filing is a:

(a)

[_] Broker or dealer registered under Section 15 of the Exchange Act (15 U.S.C. 78c).

(b)

[_] Bank as defined in Section 3(a)(6) of the Exchange Act (15 U.S.C. 78c).

(c)

[_] Insurance company as defined in Section 3(a)(19) of the Exchange Act (15 U.S.C. 78c).

(d)

[_]Investment company registered under Section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8).

(e)

[X] An investment adviser in accordance with § 240.13d-1(b)(1)(ii)(E);

(f)

[_] An employee benefit plan or endowment fund in accordance with § 240.13d-1(b)(1)(ii)(F);

(g)

[X] A parent holding company or control person in accordance with Rule 13d-1(b)(1)(ii)(G);

(h)

[_] A savings association as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C.1813);

(i)

[_] A church plan that is excluded from the definition of an investment company under Section 3(c)(14) of the Investment Company Act of 1940 (15 U.S.C. 80a-3);

(j)

[_] Group, in accordance with s.240.13d-1(b)(1)(ii)(J).

2

Silver Point is the investment manager of the Onshore Fund and the Offshore Fund and by virtue of such status may be deemed to be the beneficial owner of the securities held by the Onshore Fund and the Offshore Fund.  Silver Point Capital Management, LLC ("Management") is the general partner of Silver Point and as a result may be deemed to be the beneficial owner of the securities held by the Onshore Fund and the Offshore Fund.  Each of Mr. Edward A. Mulé and Mr. Robert J. O'Shea is a member of Management and has voting and investment power with respect to the securities held by the Onshore Fund and the Offshore Fund and may be deemed to be a beneficial owner of the securities held by the Onshore Fund and the Offshore Fund.

A.

    Silver Point Capital, L.P.

(a)

Amount beneficially owned:  1,220,000

(b)

Percent of class:   3.2%

(c)

Number of shares as to which such person has:

(i)

Sole power to vote or direct the vote: 1,220,000

(ii)

Shared power to vote or direct the vote: -0-

(iii)

Sole power to dispose or direct the disposition: 1,220,000

(iv)

Shared power to dispose or direct the disposition: -0-

B.

    Edward A. Mulé

(a)

Amount beneficially owned:   1,220,000

(b)

Percent of class:   3.2%

(c)

Number of shares as to which such person has:

(i)

Sole power to vote or direct the vote:   -0-

(ii)

Shared power to vote or direct the vote:  1,220,000

(iii)

Sole power to dispose or direct the disposition:  -0-

(iv)

Shared power to dispose or direct the disposition:  1,220,000

C.

    Robert J. O'Shea

(a)

Amount beneficially owned:  1,220,000

(b)

Percent of class:   3.2%

(c)

Number of shares as to which such person has:

(i)

Sole power to vote or direct the vote: :  -0-

(ii)

Shared power to vote or direct the vote:  1,220,000

(iii)

Sole power to dispose or direct the disposition:  -0-

(iv)

Shared power to dispose or direct the disposition:   1,220,000

Item 5

 

 

 

 

 

 

 

 

If this statement is being filed to report the fact that as of the date hereof each of the Reporting Persons has ceased to be the beneficial owner of more than five percent of the class of securities, check the following [X].

 

 

 

 

 

Item 6

 

 

 

 

 

 

 

 

 

 

See response to Item 4.

 

 

 

 

 

Item 7

 

 

 

 

 

 

 

 

Not applicable.

Not applicable.

Not applicable.

By signing below I certify that, to the best of my knowledge and belief, the securities referred to above were not acquired and are not held for the purpose of or with the effect of changing or influencing the control of the issuer of the securities and were not acquired and are not held in connection with or as participant in any transaction having that purpose or effect.

 

 

Silver Point Capital, L.P.

 

 

 

 

 

 

 

 

By:

/s/ Steven Weiser

 

 

 

Name:

Steven Weiser

 

 

 

Its:

Authorized Signatory

 

 

 

 

 

 

 

 

Edward A. Mulé

 

 

 

 

 

 

 

 

By:

/s/ Steven Weiser