UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549INITIAL STATEMENT OF 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. | SEC 1473 (7-02) | ||
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. |
1. Title of Derivative Security (Instr. 4) |
2. Date Exercisable and Expiration Date (Month/Day/Year) |
3. Title and Amount of Securities Underlying Derivative Security (Instr. 4) |
4. Conversion or Exercise Price of Derivative Security | 5. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 5) |
6. Nature of Indirect Beneficial Ownership (Instr. 5) |
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Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||
Series B Preferred Stock | Â (1) | Â (2) | Common Stock | (3) | $ (4) | I | See Footnote (5) |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
SCHIFF ANDREW N C/O AISLING CAPITAL LLC 888 SEVENTH AVENUE, 30TH FLOOR NEW YORK, NY 10106 |
 X |  |  |  |
/s/Andrew N. Schiff | 11/13/2007 | |
**Signature of Reporting Person | Date |
* | If the form is filed by more than one reporting person, see Instruction 5(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 securities are not convertible until June 1, 2008 or earlier under certain circumstances. |
(2) | Not applicable. |
(3) | 3,000,000 shares of Series B Preferred Stock were acquired with each share convertible into 2 2/3 shares of Common Stock subject to adjustment. |
(4) | The securities were acquired for $6.00 per share and each security is convertible into 2 2/3 shares of Common Stock subject to adjustment. |
(5) | The shares of Series B Preferred Stock are held by Aisling Capital II, L.P., a Delaware limited partnership ("Aisling"), Aisling Capital Partners, L.P. ("Aisling Partners"), a Delaware limited partnership and general partner of Aisling, and Aisling Capital Partners, LLC (Aisling Partners GP"), a Delaware limited liability company and general partner of Aisling Partners. The Reporting Person is a managing member of Aisling Partners GP and disclaims beneficial ownership of the reported securities, except to extent of his pecuniary interest therein. |