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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 | ||||||||
Options | $ 0.9 | 12/12/2005 | 12/12/2005 | A | 100,000 | 12/12/2006 | 12/12/2015 | Common Stock | 100,000 | (5) | 600,000 | D | |||
Options | $ 1.9 | 05/23/2006 | 05/23/2006 | A | 65,000 | (5) | 05/23/2006 | Common Stock | 65,000 | (5) | 665,000 | D | |||
Options | $ 1.88 | 06/01/2006 | 06/01/2006 | A | 10,000 | (5) | 06/01/2016 | Common Stock | 10,000 | (5) | 675,000 | D |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
GALLOWAY BRUCE C/O GALLOWAY CAPITAL MANAGEMENT LLC 720 FIFTH AVENUE 10TH FLOOR NEW YORK, NY 10019 |
X |
/s/ Bruce Galloway | 03/22/2007 | |
**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 original trade on March 1, 2007, for which a timely Form 4 amendment was filed, was cancelled and rebooked on March 5, 2007. |
(2) | The trade booked on March 5, 2007 was a purchase, and incorrectly filed as a disposition on the Form 4 filed on March 6, 2007. |
(3) | Mr. Galloway is a managing member of Galloway, Capital Management, LLC, which is the General Partner of Strategic Turnaround Equity Partners, LP (Cayman) ("STEP"). STEP owns 1,094,150 shares of the Issuer. Mr. Galloway disclaims beneficial ownership of the shares beneficially owned by STEP except to the extent of Mr. Galloway's limited partnership interests in STEP. This amount also includes the transfer of 158,500 shares of the Issuer by investors who purchased limited partnership interests in STEP. |
(4) | These shares were purchased by Mr. Galloway's IRA. Further, the entry of direct ownership was inadvertently omitted on February 26, 2007, but is correctly reflected herein. |
(5) | Options vest quarterly over 1 year from grant date. |