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 |
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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 C-2 Convertible Preferred Stock | 10/07/2003 | (1) | Common Stock | 231,959 | $ (3) | D | |
Series D-2 Convertible Preferred Stock | 10/07/2003 | (1) | Common Stock | 60,126 | $ (4) | D | |
Series E-2 Convertible Preferred Stock | 10/07/2003 | (1) | Common Stock | 26,794 | $ (5) | D | |
Series F-2 Convertible Preferred Stock | 10/07/2003 | (1) | Common Stock | 1,953 | $ (6) | D | |
Series I-2 Convertible Preferred Stock | 10/07/2003 | (1) | Common Stock | 55,922 | $ (7) | D | |
Series J-2 Convertible Preferred Stock | 10/07/2003 | (1) | Common Stock | 287,235 | $ (8) | D | |
Series J-3 Convertible Preferred Stock | 10/07/2003 | (1) | Common Stock | 325,368 | $ (9) | D | |
10% Secured Convertible Promissory Note | 10/07/2003 | 06/30/2004(2) | Series J Convertible Preferred Stock/Common Stock | 324,130 | $ (10) | D | |
Warrant to Purchase Series J Convertible Preferred Stock | 10/07/2003 | 04/11/2008 | Series J Convertible Preferred Stock/Common Stock | 61,811 | $ (11) | D | |
Series C-2 Convertible Preferred Stock | 10/07/2003 | (1) | Common Stock | 25,773 | $ (3) | I | See exhibit 99.2 for Explanation of Responses. (12) |
Series D-2 Convertible Preferred Stock | 10/07/2003 | (1) | Common Stock | 6,681 | $ (4) | I | See exhibit 99.2 for Explanation of Responses. (12) |
Series E-2 Convertible Preferred Stock | 10/07/2003 | (1) | Common Stock | 2,977 | $ (5) | I | See exhibit 99.2 for Explanation of Responses. (12) |
Series F-2 Convertible Preferred Stock | 10/07/2003 | (1) | Common Stock | 217 | $ (6) | I | See exhibit 99.2 for Explanation of Responses. (12) |
Series I-2 Convertible Preferred Stock | 10/07/2003 | (1) | Common Stock | 6,213 | $ (7) | I | See exhibit 99.2 for Explanation of Responses. (12) |
Series J-2 Convertible Preferred Stock | 10/07/2003 | (1) | Common Stock | 31,915 | $ (8) | I | See exhibit 99.2 for Explanation of Responses. (12) |
Series J-3 Convertible Preferred Stock | 10/07/2003 | (1) | Common Stock | 36,152 | $ (9) | I | See exhibit 99.2 for Explanation of Responses. (12) |
10% Secured Convertible Promissory Note | 10/07/2003 | 06/30/2004(2) | Series J Convertible Preferred Stock/Common Stock | 36,014 | $ (10) | I | See exhibit 99.2 for Explanation of Responses. (12) |
Warrant to Purchase Series J Convertible Preferred Stock | 10/07/2003 | 04/11/2008 | Series J Convertible Preferred Stock/Common Stock | 6,867 | $ (11) | I | See exhibit 99.2 for Explanation of Responses. (12) |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
BANK OF AMERICA VENTURES 950 TOWER LANE SUITE 700 FOSTER CITY, CA 94404 |
X | |||
BANK OF AMERICA CORP /DE/ BANK OF AMERICA CORPORATE CENTER 100 N TRYON ST CHARLOTTE, NC 28255 |
X | |||
BANK OF AMERICA NA 101 S TRYON ST CHARLOTTE, NC 28255 |
X |
Kate Mitchell, President and Managing Director, Bank of America Ventures | 10/07/2003 | |
**Signature of Reporting Person | Date | |
Pamela Reed, Assistant Vice President, Bank of America Corporation | 10/07/2003 | |
**Signature of Reporting Person | Date | |
Pamela Reed, Assistant Vice President, Bank of America, N.A. | 10/07/2003 | |
**Signature of Reporting Person | Date | |
Rachel Cummings, Senior Vice President, NB Holdings Corporation | 10/07/2003 | |
**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) | See exhibit 99.2 for Explanation of Responses. |
(2) | See exhibit 99.2 for Explanation of Responses. |
(3) | See exhibit 99.2 for Explanation of Responses. |
(4) | See exhibit 99.2 for Explanation of Responses. |
(5) | See exhibit 99.2 for Explanation of Responses. |
(6) | See exhibit 99.2 for Explanation of Responses. |
(7) | See exhibit 99.2 for Explanation of Responses. |
(8) | See exhibit 99.2 for Explanation of Responses. |
(9) | See exhibit 99.2 for Explanation of Responses. |
(10) | See exhibit 99.2 for Explanation of Responses. |
(11) | See exhibit 99.2 for Explanation of Responses. |
(12) | See exhibit 99.2 for Explanation of Responses. |