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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 | ||||||||
Stock Options (3) | $ 0.14 | 04/01/2011 | O | 7,208,220 | 09/21/2010 | 11/30/2011 | Common Stock | 7,208,220 | (4) | 350,000 | D |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
Ross Harvey 180 SOUTH STREET UNIT 101 NEW PROVIDENCE, NJ 07974 |
X |
/s/ Harvey Ross | 04/01/2011 | |
**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) | These shares were contributed to EMVI Acquisition Corp., a wholly-owned subsidiary of EMVI Holdings, LLC, in exchange for an equal number of membership interests in EMVI Holdings, LLC, which were issued to Ross EVI, LLC, an entity wholly-owned by Mr. Ross. |
(2) | Includes options to purchase 350,000 Common shares consisting of (a) options to purchase 150,000 shares at an exercise price of $0.12 per share, (b) options to purchase 75,000 shares at an exercise price of $0.47 per share and (c) options to purchase 125,000 shares at an exercise price of $0.21 per share. |
(3) | Mr. Ross exercised a right pursuant to an agreement between Mr. Ross and Christopher Payan, the former Chief Executive Officer of the Company, to cause Mr. Payan to exercise an option to purchase 7,208,220 shares of Common Stock and to assign the underlying shares of Common Stock to EMVI Acquisition Corp. as describedin explanation (1). |
(4) | See Column 2. |