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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, 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. | |||
| 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 | ||||||||
| Option to Purchase Common Shares | $ 2 | 05/13/2009 | J(1) | 1,100,000 | (6) | 07/14/2009 | Common Shares | 1,100,000 | (1) | 1,100,000 | D (3) | ||||
| Option to Purchase Common Shares | $ 2 | 05/13/2009 | J(1) | 0 | (6) | 07/14/2009 | Common Shares | 0 | $ 0 | 1,100,000 | I | Footnote (4) | |||
| Option to Purchase Warrants | $ 2 | 05/13/2009 | J(1) | 1,100,000 | (6) | 07/14/2009(7) | Warrants | 1,100,000 | (1) | 1,100,000 | D (3) | ||||
| Option to Purchase Warrants | $ 2 | 05/13/2009 | J(1) | 0 | (6) | 07/14/2009(7) | Warrants | 0 | $ 0 | 1,100,000 | I | Footnote (4) | |||
| Warrants | $ 2 | 05/13/2009 | J(1) | 1,100,000 | 05/13/2009 | 10/31/2010 | Common Shares | 1,100,000 | (1) | 1,100,000 | D (3) | ||||
| Warrants | $ 2 | 05/13/2009 | J(1) | 0 | 05/13/2009 | 10/31/2010 | Common Shares | 0 | $ 0 | 1,100,000 | I | Footnote (4) | |||
| Warrants | $ 2 | 12/29/2005 | 10/31/2010 | Common Shares | 0 | 1,377,393 | D (3) | ||||||||
| Warrants | $ 2 | 12/29/2005 | 10/31/2010 | Common Shares | 0 | 1,377,393 | I | Footnote (4) | |||||||
| Warrants | $ 2 | 01/26/2004 | 10/31/2010 | Common Shares | 0 | 3,909 | D (5) | ||||||||
| Warrants | $ 2 | 01/24/2004 | 10/31/2010 | Common Shares | 0 | 1,641 | D (5) | ||||||||
| Reporting Owner Name / Address | Relationships | |||
| Director | 10% Owner | Officer | Other | |
| BROADWOOD PARTNERS LP C/O BROADWOOD CAPITAL INC. 724 FIFTH AVENUE, 9TH FLOOR NEW YORK, NY 10019 |
X | |||
| BROADWOOD CAPITAL INC 724 FIFTH AVENUE 9TH FLOOR NEW YORK, NY 10019 |
X | |||
| BRADSHER NEAL C 724 FIFTH AVENUE 9TH FLOOR NEW YORK, NY 10019 |
X | |||
| Broadwood Partners, L.P., By: Broadwood Capital, Inc., By: /s/ Neal C. Bradsher, President | 05/15/2009 | |
| **Signature of Reporting Person | Date | |
| Broadwood Capital, Inc., By: /s/ Neal C. Bradsher, President | 05/15/2009 | |
| **Signature of Reporting Person | Date | |
| /s/ Neal C. Bradsher | 05/15/2009 | |
| **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) | These securities were acquired by Broadwood Partners, L.P. on May 13, 2009 pursuant to a Stock and Warrant Purchase Agreement entered into between the issuer and Broadwood Partners, L.P. and filed by the issuer with the Commission on Form 10-Q on May 15, 2009 (incorporated by reference). |
| (2) | This number includes 35,143 securities acquired by Broadwood Partners, L.P. on April 15, 2009 pursuant to the Fifth Amendment of Revolving Line of Credit Agreement entered into between the issuer and Broadwood Partners, L.P. and filed by the issuer with the Commission on Form 8-K on April 17, 2009 (incorporated by reference). |
| (3) | These securities are owned by Broadwood Partners, L.P., which is a Reporting Person. |
| (4) | The reported securities are directly owned by Broadwood Partners, L.P. and may be deemed beneficially owned by Broadwood Capital, Inc. as General Partner of Broadwood Partners, L.P. and Neal C. Bradsher as President of Broadwood Capital, Inc. The Reporting Persons disclaim beneficial ownership of the reported securities except to the extent of his or its pecuniary interest therein, and this report shall not be deemed an admission that such Reporting Person is the beneficial owner of the securities for purposes of Section 16 of the Securities Exchange Act of 1934, as amended, or for any other purpose. |
| (5) | These securities are owned by Neal C. Bradsher, who is a Reporting Person. |
| (6) | The option grants the right to purchase the securities on or before July 14, 2009. |
| (7) | The warrants underlying the option would expire on October 31, 2010. |