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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 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 | ||||||||
Warrant (right to buy) | $ 0.88 | 10/15/2013 | J(2) | 7,500,000 | 01/14/2013 | 01/14/2014 | Common Stock | 7,500,000 | (2) | 0 | D | ||||
Warrant (right to buy) | $ 0.40 | 10/15/2013 | J(2) | 7,500,000 | 01/14/2013 | 01/14/2014 | Common Stock | 7,500,000 | (2) | 1 | D | ||||
Warrant (right to buy) | $ 0.40 | 10/15/2013 | O | 7,500,000 | 01/14/2013 | 01/14/2014 | Common Stock | 7,500,000 | $ 0.40 (3) | 0 | D |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
Eastern Capital LTD P. O. BOX 31363 GRAND CAYMAN, E9 KY1-1206 |
X | |||
Portfolio Services Ltd. 45 MARKET STREET, SUITE 3211, CAMANA BAY P.O. BOX 31363 GRAND CAYMAN, E9 KY1-1206 |
X | |||
DART KENNETH BRYAN P. O. BOX 31300 GRAND CAYMAN, E9 KY1-1206 |
X |
Eastern Capital Limited | 10/17/2013 | |
**Signature of Reporting Person | Date | |
Portfolio Services Ltd. | 10/17/2013 | |
**Signature of Reporting Person | Date | |
Kenneth B. Dart | 10/17/2013 | |
**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) | The reported securities are common stock of the Issuer acquired pursuant to the exercise of a Warrant on October 15, 2013 at an exercise price per share of $0.40. |
(2) | The reported security is a Warrant that originally allowed the reporting persons to acquire up to 7,500,000 shares of common stock of the Issuer at an exercise price per share of $0.88 during the exercise period from January 14, 2013 until January 14, 2014. On October 15, 2013 the Warrant was amended to reduce the exercise price per share to $0.40 until November 12, 2013, after which time the exercise price will revert back to $0.88 until expiration of the Warrant on January 14, 2014. No consideration was paid or received by the reporting persons in connection with the amendment. |
(3) | On October 15, 2013, simultaneous with the amendment of the Warrant, Eastern Capital Limited exercised the Warrant in full. |
Remarks: Eastern Capital Limited is an investment entity that owns the securities reported on this Form 4. Portfolio Services Ltd. is a holding company which owns all of the outstanding stock of Eastern Capital Limited. Kenneth B. Dart is the beneficial owner of all of the outstanding stock of Portfolio Services Ltd. |