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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 | ||||||||
Stock Appreciation Right | (5) | (5) | (5) | Common Stock | 130,000 | 130,000 | D | ||||||||
Stock Option (Right to Buy) | $ 2.325 | 05/30/2007 | M | 20,000 | (6) | (6) | Common Stock | 166,667 | $ 0 | 146,667 | D | ||||
Stock Option (Right to Buy) | $ 2.775 | (7) | (7) | Common Stock | 33,334 | 33,334 | D | ||||||||
Stock Option (Right to Buy) | $ 3.375 | (8) | (8) | Common Stock | 33,334 | 33,334 | D | ||||||||
Stock Option (Right to Buy) | $ 4.26 | (9) | (9) | Common Stock | 33,334 | 33,334 | D | ||||||||
Stock Option (Right to Buy) | $ 2.325 | (10) | (10) | Common Stock | 33,334 | 33,334 | D | ||||||||
Common Stock Warrant | $ 2.325 | 05/02/2007 | M | 5,245 | 02/17/2004 | 11/15/2007 | Common Stock | 5,245 | $ 0 | 0 | D | ||||
Common Stock Warrant | $ 2.325 | 05/02/2007 | M | 2,623 | 02/17/2004 | 05/17/2008 | Common Stock | 2,623 | $ 0 | 0 | D |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
Eisenberg Marc 2115 LINWOOD AVENUE, SUITE 100 FORT LEE, NJ 07024 |
Chief Operating Officer |
/s/ Brad Franco, by power of attorney | 07/17/2007 | |
**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) | Each Time Vested Restricted Stock Unit ("TV RSU") represents the right to receive one share of common stock. 37,333 TV RSUs vested on January 1, 2007 and are reflected in the amount of common stock listed in Table I and an additional 37,333 TV RSUs will vest on each of January 1, 2008 and December 31, 2008. |
(2) | An additional 8,000 TV RSUs will vest on January 1, 2008. |
(3) | Each Performance Vested Restricted Stock Unit ("PV RSU") represents the right to receive one share of common stock. One-third of the PV RSU awards will vest based on the achievement by the employee and/or the Company of certain performance targets for each of the fiscal years 2007 and 2008. 31,025 PV RSUs vested in April 2007 and are reflected in the amount of common stock listed in Table I. |
(4) | This amendment is being filed to correct the number of shares of common stock withheld to pay the exercise price of stock options exercised on May 30, 2007, which was previously overstated. |
(5) | Each Performance Vested Stock Appreciation Right ("PV SAR") represents the right to receive a payment measured by the increase in the fair market value of one share of common stock from the date of grant of the PV SAR to the date of exercise of the PV SAR. One-third of the PV SAR awards vested or will vest based on the achievement by the employee and/or the Company of certain performance targets for each of the fiscal years 2006, 2007 and 2008. The PV SARs expire in October, 2016 and have an exercise price equal to the initial public offering price of $11.00 per share. |
(6) | 166,667 Options were issued on February 17, 2004. 68.75% were vested as of such date. The remaining 31.25% vest at a rate of 6.25% of the Option per quarter beginning March 31, 2004. The Options expire on February 17, 2014. |
(7) | 33,334 Options were issued on February 17, 2004. 68.75% were vested as of such date. The remaining 31.25% vest at a rate of 6.25% of the Option per quarter beginning March 31, 2004. The Options expire on February 17, 2014. |
(8) | 33,334 Options were issued on February 17, 2004. 50% were vested as of such date. The remaining 50% vest at a rate of 6.25% of the Option per quarter beginning March 31, 2004. The Options expire on February 17, 2014. |
(9) | 33,334 Options were issued on February 17, 2004. 25% were vested as of such date. The remaining 75% vest at a rate of 6.25% of the Option per quarter beginning March 31, 2004. The Options expire on February 17, 2014. |
(10) | 33,334 Options were issued on February 17, 2004 and vest at a rate of 6.25% of the Option per quarter beginning March 31, 2004. The Options expire on February 17, 2014. |