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UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549STATEMENT OF CHANGES IN 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. | |||
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. | SEC 1474 (9-02) |
1. Title of Derivative Security (Instr. 3) |
2. Conversion or Exercise Price of Derivative Security | 3. Transaction Date (Month/Day/Year) | 3A. Deemed Execution Date, if any (Month/Day/Year) | 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 (Month/Day/Year) |
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) |
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Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||||||
Option to purchase common shares | $ 2.3 | 07/02/2009 | A | 20,000 | (1) | 07/01/2014 | Common Shares | 20,000 | (2) | 20,000 | D (3) | ||||
Option to purchase common shares | $ 2 | (4) | 07/14/2009 | Common Shares | 0 | 1,100,000 | I | Footnote (5) | |||||||
Option to purchase warrants | $ 2 | (4) | 07/14/2009(6) | Warrants | 0 | 1,100,000 | I | Footnote (5) | |||||||
Warrants | $ 2 | 05/13/2009 | 10/31/2010 | Common Shares | 0 | 1,100,000 | I | Footnote (5) | |||||||
Warrants | $ 2 | 12/29/2005 | 10/31/2010 | Common Shares | 0 | 1,377,393 | I | Footnote (5) | |||||||
Warrants | $ 2 | 01/26/2004 | 10/31/2010 | Common Shares | 0 | 3,909 | D (3) | ||||||||
Warrants | $ 2 | 01/24/2004 | 10/31/2010 | Common Shares | 0 | 1,641 | D (3) |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
BRADSHER NEAL C C/O BROADWOOD CAPITAL INC. 724 FIFTH AVENUE, 9TH FLOOR NEW YORK, NY 10019 |
X | X |
/s/ Neal S. Bradsher | 07/07/2009 | |
**Signature of Reporting Person | Date |
* | If the form is filed by more than one reporting person, see Instruction 4(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) | The options will vest and become exercisable in four quarterly installments, provided that Neal Bradsher remains a director on the last day of each such quarter. |
(2) | The options were granted to Neal Bradsher by the issuer on July 2, 2009 as director compensation pursuant to the issuer's 2002 Stock Option Plan, as amended. Notice of this grant was filed by the issuer with the Commission on Form 8-K on July 7, 2009 (incorporated by reference). |
(3) | These securities are owned by Neal C. Bradsher, who is a Reporting Person. |
(4) | The option grants the right to purchase the securities on or before July 14, 2009. |
(5) | The reported securities are directly owned by Broadwood Partners, L.P. and may be deemed beneficially owned by Neal C. Bradsher as President of Broadwood Capital, Inc. The Reporting Persons disclaim beneficial ownership of the reported securities except to the extent of his or its pecuniary interest therein, and this report shall not be deemed an admission that such Reporting Person is the beneficial owner of the securities for purposes of Section 16 of the Securities Exchange Act of 1934, as amended, or for any other purpose. |
(6) | The warrants underlying the option would expire on October 31, 2010. |