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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 | ||||||||
| CALL OPTION [short] | $ 1.32 | 06/18/2009 | S/K | 1 | 06/18/2009 | 06/17/2010 | Common Stock | 45,454,545 | (7) | 1 | D (5) | ||||
| PUT OPTION [long] | $ 1.045 | 06/18/2009 | P/K | 1 | 06/18/2009 | 06/17/2010 | Common Stock | 45,454,545 | (7) | 1 | D (5) | ||||
| CALL OPTION [long] | $ 1.32 | 06/18/2009 | P/K | 1 | 06/18/2009 | 06/17/2010 | Common Stock | 45,454,545 | (7) | 1 | D (6) | ||||
| PUT OPTION [short] | $ 1.045 | 06/18/2009 | S/K | 1 | 06/18/2009 | 06/17/2010 | Common Stock | 45,454,545 | (7) | 1 | D (6) | ||||
| Reporting Owner Name / Address | Relationships | |||
| Director | 10% Owner | Officer | Other | |
| CITADEL L P C/O CITADEL INVESTMENT GROUP LLC 131 S. DEARBORN STREET, 32ND FL CHICAGO, IL 60603 |
X | X | ||
| CITADEL INVESTMENT GROUP LLC 131 S. DEARBON STREET, 32ND FLOOR CHICAGO, IL 60603 |
X | X | ||
| CITADEL EQUITY FUND LTD C/O CITADEL INVESTMENT GROUP, L.L.C. 131 S. DEARBORN STREET, 32ND FLOOR CHICAGO, IL 60603 |
X | X | ||
| WINGATE CAPITAL LTD C/O CITADEL INVESTMENT GROUP, L.L.C. 131 S. DEARBON STREET, 32ND FLOOR CHICAGO, IL 60603 |
X | X | ||
| GRIFFIN KENNETH C C/O CITADEL INVESTMENT GROUP II, L.L.C. 131 S. DEARBON STREET, 32ND FLOOR CHICAGO, IL 60603 |
X | X | ||
| /s/ John C. Nagel, Authorized Signatory | 06/22/2009 | |
| **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) | This security is owned by Citadel Derivatives Trading Ltd. |
| (2) | This security is owned by Citadel Derivatives Group LLC. |
| (3) | This security is owned by Citadel Equity Fund Ltd. ("CEF"). |
| (4) | This security is owned by Wingate Capital Ltd. ("Wingate"). |
| (5) | Wingate and CEF entered into a collar in which Wingate is short an OTC call option and is long an OTC put option. Only one of the options can be in the money on the expiration date, at which time the in-the-money option will be exercised (and settled for cash), and the other option will expire. If neither option is in the money on the expiration date, both options will expire. |
| (6) | Wingate and CEF entered into a collar in which CEF is long an OTC call option and is short an OTC put option. Only one of the options can be in the money on the expiration date, at which time the in-the-money option will be exercised (and settled for cash), and the other option will expire. If neither option is in the money on the expiration date, both options will expire. |
| (7) | The put and call options comprise a collar entered into between Wingate and CEF. Wingate paid an initial premium of $475,312 for the collar. The initial premium was calculated utilizing a fair market value with respect to the Common Stock of $1.10. |
| Remarks: Each of the Reporting Persons expressly disclaims beneficial ownership of the securities described herein except to the extent of such person's pecuniary interest therein. Mr. Griffin serves as the deputized director of the Reporting Persons. In filing this Form 4 the Reporting Persons are not conceding that the derivative transactions described above are matchable transactions for Section 16 purposes. A Form 4 is limited to a maximum of ten reporting persons. As a result, this Form 4 is one of two filed today reporting on the same securities by the following eleven joint filers: Citadel Limited Partnership, Citadel Investment Group, L.L.C., Citadel Equity Fund Ltd., Wingate Capital Ltd., Kenneth C. Griffin, Citadel Advisors LLC, Citadel Holdings I LP, Citadel Holdings II LP, Citadel Derivatives Group LLC, Citadel Derivatives Trading Ltd. and Citadel Investment Group II, L.L.C. | |