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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 Sell | $ 13.9 | 02/12/2007 | X | 72,665 | 09/30/2004(4) | 12/31/2007(5) | Common Stock | 446,702 (3) | $ 0 | 374,037 | D |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
Wachovia Investors, Inc. 301 S. COLLEGE STREET 12TH FLOOR CHARLOTTE, NC 28288 |
X | X | ||
WACHOVIA CORP NEW ONE WACHOVIA CENTER CHARLOTTE, NC 28288-0013 |
X | X | ||
Eubank II Frederick W C/O WACHOVIA CAPITAL PARTNERS 301 S. COLLEGE STREET CHARLOTTE, NC 28288 |
X | |||
McCarthy Courtney R C/O WACHOVIA CAPITAL PARTNERS 301 S. COLLEGE STREET CHARLOTTE, NC 28288 |
X |
Frederick W. Eubank II, Wachovia Investors, Inc. | 02/12/2007 | |
**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) | This report is filed jointly by Wachovia Investors, Inc., a wholly-owned subsidiary of Wachovia Corporation ("Wachovia Investors"), Wachovia Corporation, Frederick W. Eubank II and Courtney R. McCarthy. Wachovia Investors and Wachovia Corporation are or may be deemed ten percent beneficial owners. Mr. Eubank and Ms. McCarthy serve on the board of directors of Comsys IT Partners, Inc. as designees of Wachovia Investors. |
(2) | These shares were sold pursuant to the terms of an option agreement dated July 19, 2004 (the "Option Agreement"), which obligates Wachovia Investors to sell the shares at the fixed price of $13.90 per share after receiving an exercise notice from an optionee under the Option Agreement. Such sale was exempt from Section 16(b) of the Securities Exchange Act of 1934, as amended, by virtue of Rule 16b-6. |
(3) | Wachovia Investors is the direct beneficial owner of these securities. Wachovia Corporation may be deemed an indirect owner of these securities by virtue of its 100% ownership of Wachovia Investors. Mr. Eubank and Ms. McCarthy may also be deemed indirect owners of these shares by virtue of their respective employment and compensation arrangements with Wachovia Investors and Wachovia Corporation. Each of Wachovia Corporation, Mr. Eubank and Ms. McCarthy disclaim beneficial ownership of these securities except to the extent of their pecuniary interest therein, and the inclusion of these securities in this report shall not be deemed an admission of beneficial ownership of any of the reported securities for purposes of Section 16 or for any other purpose. |
(4) | This option is exercisable pursuant to the terms of the Option Agreement, subject to certain conditions and restrictions and regardless of whether or not the option is in-the-money at the time of exercise. |
(5) | This option expires pursuant to the Option Agreement with respect to certain shares of common stock on the earlier of (a) December 31, 2007 or (b) the occurrence after December 29, 2004 of certain ownership or fundamental changes in Comsys IT Partners, Inc., and with respect to certain other shares of common stock on the earlier of (x) December 31, 2008 or (y) the occurrence after December 29, 2004 of certain ownership or fundamental changes in Comsys IT Partners, Inc. |