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 | ||||
Stock Options | 11/13/2007 | 11/12/2017 | Common Stock | 15,087 | $ 11.38 | I | See footnote (3) |
Stock Options | 10/09/2007 | 10/08/2017 | Common Stock | 4,322 | $ 7.9 | I | See footnote (3) |
Stock Options | Â (6) | 08/14/2011 | Common Stock | 25,880 | $ 8.83 | I | See footnote (3) |
Warrants | Â (7) | 09/12/2013(7) | Common Stock | 134,790 | $ 9.28 | I | See footnote (1) (4) |
Warrants | Â (7) | 07/19/2011(7) | Common Stock | 161,747 | $ 8.78 | I | See footnote (1) (5) |
Warrants | Â (7) | 02/24/2014 | Common Stock | 519,798 | $ 8.83 | I | See footnote (1) (8) |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
MAVERICK CAPITAL LTD 300 CRESCENT COURT 18TH FLOOR DALLAS, TX 75201 |
 |  X |  |  |
MAVERICK CAPITAL MANAGEMENT LLC 300 CRESCENT COURT 18TH FLOOR DALLAS, TX 75201 |
 |  X |  |  |
AINSLIE LEE S III 767 FIFTH AVENUE, 11TH FLOOR NEW YORK, NY 10153 |
 |  X |  |  |
/s/ John T. McCafferty, Attorney-in-Fact | 02/27/2009 | |
**Signature of Reporting Person | Date | |
/s/ John T. McCafferty, Attorney-in-Fact | 02/27/2009 | |
**Signature of Reporting Person | Date | |
/s/ John T. McCafferty, Attorney-in-Fact | 02/27/2009 | |
**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) | Maverick Capital, Ltd. ("Maverick Capital") is a registered investment adviser under the Investment Advisers Act of 1940, as amended, and acts as the investment manager for each of the portfolio funds that directly holds the reported securities. Maverick Capital Management, LLC ("Maverick") is the general partner of Maverick Capital. Lee S. Ainslie III is the manager of Maverick who is granted sole investment decision pursuant to Maverick's limited liability company regulations. Each reporting owner disclaims beneficial ownership of the reported securities except to the extent of pecuniary interest therein. |
(2) | 601,116 shares of Common Stock are held by Maverick Fund L.D.C.; 242,683 shares of Common Stock are held by Maverick Fund USA, Ltd.; 523,021 shares of Common Stock are held by Maverick Fund II, Ltd. |
(3) | These Stock Options are held by Christina Wyskiel for the benefit of Maverick Fund L.D.C., Maverick Fund USA, Ltd., and Maverick Fund II, Ltd. Ms. Wyskiel is an employee of an affiliate of Maverick Capital. |
(4) | Warrants to acquire 59,280 shares of Common Stock are held by Maverick Fund L.D.C.; Warrants to acquire 23,932 shares of Common Stock are held by Maverick Fund USA, Ltd.; and Warrants to acquire 51,578 shares of Common Stock are held by Maverick Fund II, Ltd. |
(5) | Warrants to acquire 71,135 shares of Common Stock are held by Maverick Fund L.D.C.; Warrants to acquire 28,719 shares of Common Stock are held by Maverick Fund USA, Ltd.; and Warrants to acquire 61,893 shares of Common Stock are held by Maverick Fund II, Ltd. |
(6) | These Stock Options are exercisable in three equal annual installments. The first installment became exercisable on August 15, 2007, the second installment became exercisable on August 15, 2008, and the third installment will become exercisable on August 15, 2009. |
(7) | The Warrants are exercisable at anytime at the holder's election. |
(8) | Warrants to purchase 228,603 shares of Common Stock were acquired by Maverick Fund L.D.C.; warrants to purchase 92,291 shares of Common Stock were acquired by Maverick Fund USA, Ltd.; and warrants to purchase 198,904 shares of Common Stock were acquired by Maverick Fund II, Ltd. |