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 G Subordinated Convertible Preferred Stock | 03/03/2008 | Â (5) | Common Stock | 1,240,680 (1) | $ 0.68 | I | By Impala Nominees Limited (3) |
Warrant to purchase Common Stock | 02/20/2008(4) | 08/19/2012 | Common Stock | 287,208 (1) | $ 1.4 | I | By Sofisco Nominees Limited (2) |
Warrant to purchase Common Stock | 09/03/2008 | 03/02/2013 | Common Stock | 1,240,680 (1) | $ 0.816 | I | By Impala Nominees Limited (3) |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
BROWN PAUL C/O ALLIANCE INVESTMENTS SAM LE PANORAMA AB, 57 RUE GRIMALDI MONACO, MONTE CARLO, O9 98000 |
 |  X |  |  |
IMPALA NOMINEES LTD C/O ALLIANCE INVESTMENTS SAM LE PANORAMA AB, 57 RUE GRIMALDI MONACO, MONTE CARLO, O9 98000 |
 |  X |  |  |
/s/ Paul Brown | 10/24/2008 | |
**Signature of Reporting Person | Date | |
/s/ Paul Brown, Director, Impala Nominees Limited | 10/24/2008 | |
**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) | Paul Brown disclaims beneficial ownership of these securities, except to the extent of his pecuniary interest therein, if any, and this report shall not be deemed an admission that the reporting person is the beneficial owner of the securities for the purposes of Section 16. |
(2) | These shares are owned directly by Sofisco Nominees Limited and indirectly by Paul Brown as sole director of Sofisco Nominees Limited with voting and disposition rights over its securities. |
(3) | These shares are owned directly by Impala Nominees Limited and indirectly by Paul Brown as sole director of Impala Nominees Limited with voting and disposition rights over its securities. |
(4) | These warrants are not exercisable to the extent that their exercise would cause the holder to become the beneficial owner of more than 4.99% of the company's shares of common stock outstanding after giving effect to the issuance. |
(5) | The Series G Subordinated Convertible Preferred Stock has no expiration date. |