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 or Section 30(h) of the Investment Company Act of 1940 |
|
| ||||||||||||||||||||||||||||||
|
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) |
||
Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||
Series C Preferred Stock | 09/28/2007 | (1) | Common Stock | 7,142,864 | $ 0 (2) | D (3) (4) | |
Warrants to Purchase Common Stock | 09/28/2007 | 09/28/2017 | Common Stock | 3,214,289 | $ 1.4 | D (4) (5) |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
MERRILL LYNCH PIERCE FENNER & SMITH INC 4 WORLD FINANCIAL CENTER NORTH TOWER NEW YORK, NY 10080 |
X | |||
MERRILL LYNCH & CO INC 4 WORLD FINANCIAL CENTER NORTH TOWER NEW YORK, NY 10080 |
X |
Pia K. Thompson Director, Corporate Counsel & Assistant Corporate Secretary | 10/09/2007 | |
**Signature of Reporting Person | Date | |
Pia K. Thompson | 10/09/2007 | |
**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) | N/A |
(2) | Each share of Series C Preferred Stock is convertible into eight shares of Common Stock, subject to adjustment. |
(3) | The shares of Series C Preferred Stock are owned directly by Merrill Lynch, Pierce, Fenner & Smith Incorporated, a direct wholly owned subsidiary of Merrill Lynch & Co., Inc. |
(4) | Each reporting owner disclaims beneficial ownership of these securities, except to the extent of its pecuniary interest therein, and the filing of this Statement shall not be construed as an admission that such persons or entities are, for purposes of Section 13(d) of the Exchange Act, as amended, the beneficial owners of any security. Neither the present filing nor anything contained herein shall be construed as an admission that any Reporting Person is a member of a "group" for any purpose or is subject to the reporting requirements under Section 16 of the Exchange Act. |
(5) | The warrants are owned directly by Merrill Lynch, Pierce, Fenner & Smith Incorporated, a direct wholly owned subsidiary of Merrill Lynch & Co., Inc. |