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, 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. | 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 A Convertible Preferred Stock | 12/29/2010 | Â (1) | Common Stock | 4,137,928 (3) | $ 0 (4) | I | By Third Security Senior Staff 2008 LLC (2) |
Warrant to Purchase Shares of Series A Convertible Preferred | 12/29/2010 | 12/28/2015 | Common Stock | 2,068,964 (3) | $ 2.32 (5) | I | By Third Security Senior Staff 2008 LLC (2) |
Series A Convertible Preferred Stock | 12/29/2010 | Â (1) | Common Stock | 4,137,928 (3) | $ 0 (4) | I | By Third Security Staff 2010 LLC (2) |
Warrant to Purchase Shares of Series A Convertible Preferred | 12/29/2010 | 12/28/2015 | Common Stock | 2,068,964 (3) | $ 2.32 (5) | I | By Third Security Staff 2010 LLC (2) |
Series A Convertible Preferred Stock | 12/29/2010 | Â (1) | Common Stock | 2,068,964 (3) | $ 0 (4) | I | By Third Security Incentive 2010 LLC (2) |
Warrant to Purchase Shares of Series A Convertible Preferred | 12/29/2010 | 12/28/2015 | Common Stock | 1,034,480 (3) | $ 2.32 (5) | I | By Third Security Incentive 2010 LLC (2) |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
KIRK RANDAL J C/O THIRD SECURITY, LLC 1881 GROVE AVENUE RADFORD, VA 24141 |
 |  X |  |  |
Third Security Senior Staff 2008 LLC C/O THIRD SECURITY, LLC 1881 GROVE AVENUE RADFORD, VA 24141 |
 |  X |  |  |
Third Security Staff 2010 LLC C/O THIRD SECURITY, LLC 1881 GROVE AVENUE RADFORD, VA 24141 |
 |  X |  |  |
Third Security Incentive 2010 LLC C/O THIRD SECURITY, LLC 1881 GROVE AVENUE RADFORD, VA 24141 |
 |  X |  |  |
/s/ Randal J. Kirk | 01/10/2011 | |
**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) | Not applicable |
(2) | Randal J. Kirk controls each of Third Security Senior Staff 2008 LLC, Third Security Staff 2010 LLC and Third Security Incentive 2010 LLC. Shares held by these entities may be deemed to be indirectly beneficially owned (as defined under Rule 13d-3 promulgated under the Securities Exchange Act of 1934, as amended) by Mr. Kirk. |
(3) | Assumes conversion of shares of Series A Convertible Preferred Stock into Common Stock. |
(4) | Pursuant to its terms, each share of Series A Convertible Preferred Stock is convertible into four shares of Common Stock at a conversion price of $0.58 per share. |
(5) | Representing the per share price of each share of Series A Preferred Stock issuable upon exercise of the applicable Warrant, which such shares of Series A Preferred Stock are convertible in the manner described in Item 3 above. |