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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 | ||||||||
Warrants | $ 0.01 | 03/04/2009 | J(1) | 7,500,000 | 01/07/2009 | 01/07/2014 | Common Stock | 0 | $ 0 (1) | 0 | I | Footnote (1) | |||
Warrants | $ 10 | 03/04/2009 | J(1) | 9,144,038 | 01/07/2008 | 01/06/2018 | Common Stock | 0 | $ 0 (1) | 0 | I | Footnote (1) | |||
Series 1-A Warrants | $ 4.2 (2) | 03/04/2009 | J(1) | 679,923 | 06/04/1999 | 06/04/2009 | Common Stock | 0 | $ 0 (1) | 0 | I | Footnote (1) | |||
Series 2-A Warrants | $ 7 | 03/04/2009 | J(1) | 2,689,735 | 06/04/1999 | 06/04/2009 | Common Stock | 0 | $ 0 (1) | 0 | I | Footnote (1) |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
HARBERT MANAGEMENT CORP 2100 THIRD AVENUE NORTH SUITE 600 BIRMINGHAM, AL 35203 |
X | *See Remarks | ||
HARBINGER CAPITAL PARTNERS OFFSHORE MANAGER, L.L.C. 555 MADISON AVENUE 16TH FLOOR NEW YORK, NY 10022 |
X | *See Remarks | ||
HMC INVESTORS, L.L.C. 2100 THIRD AVENUE NORTH SUITE 600 BIRMINGHAM, AL 35203 |
X | *See Remarks | ||
HMC - NEW YORK, INC. 555 MADISON AVENUE 16TH FLOOR NEW YORK, NY 10022 |
X | *See Remarks | ||
HARBERT RAYMOND J 2100 THIRD AVENUE NORTH SUITE 600 BIRMINGHAM, AL 35203 |
X | *See Remarks | ||
LUCE MICHAEL D 2100 THIRD AVENUE NORTH SUITE 600 BIRMINGHAM, AL 35203 |
X | *See Remarks |
Harbert Management Corporation(+), By: /s/ Joel B. Piassick | 03/06/2009 | |
**Signature of Reporting Person | Date | |
Harbinger Capital Partners Offshore Manager, L.L.C.(+), By: Harbinger Holdings, LLC, Managing Member, By: /s/ Philip Falcone | 03/06/2009 | |
**Signature of Reporting Person | Date | |
HMC Investors, L.L.C.(+), By: /s/ Joel B. Piassick | 03/06/2009 | |
**Signature of Reporting Person | Date | |
HMC-New York, Inc.(+), By: /s/ Joel B. Piassick | 03/06/2009 | |
**Signature of Reporting Person | Date | |
/s/ Raymond J. Harbert(+) | 03/06/2009 | |
**Signature of Reporting Person | Date | |
/s/ Michael D. Luce(+) | 03/06/2009 | |
**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) | As a result of the transfer of certain management agreements and related transactions entered into by the Reporting Persons effective as of March 4, 2009, the Reporting Persons no longer have indirect beneficial ownership of the shares previously reported to be indirectly beneficially owned by the Reporting Persons as set forth on previous Form 4 filings. |
(2) | The exercise price of the Series 1-A Warrants reported above may vary and is calculated and is subject to adjustment upon the occurrence of certain events as set forth in the warrant. |
Remarks: (+) The Reporting Persons may be deemed to be members of a "group" for purposes of the Securities Exchange Act of 1934, as amended. Each Reporting Person disclaims beneficial ownership of any securities deemed to be owned by the group that are not directly owned by the Reporting Person. This report shall not be deemed an admission that such Reporting Person is a member of a group or the beneficial owner of any securities not directly owned by such Reporting Person. |