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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 Options (Right to Buy) | $ 4 | 07/14/2008 | M | 100,000 | 04/07/2008 | 04/07/2013 | Common Stock | 100,000 | $ 0 | 0 | D (1) |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
NOVELLY PAUL A 3920 N. A-1-A, UNIT 301 FORT PIERCE, FL 34949 |
X | X | Exec. Chair. of the Board |
/s/ Douglas D. Hommert, Attorney in fact for the Reporting Person, Paul A. Novelly | 07/15/2008 | |
**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) | Exercise of stock options under the issuer's 2007 Omnibus Incentive Plan; exempt under Rules 16b-3(d) and 16b-6(b). |
(2) | Does not include 625,000 shares of common stock and 625,000 warrants owned by Apex Holding Co., a Missouri corporation ("Holding"), as to which Mr. Novelly is the sole director and chief executive officer, but he disclaims beneficial ownership of all shares and warrants owned by Holding except to the extent of a minor pecuniary interest. |
(3) | Does not include 8,306,350 shares of common stock and 6,168,850 warrants owned by St. Albans Global Management Limited Partnership, LLLP, a Delaware limited liability limited partnership ("Global"), as to which Mr. Novelly is the chief executive officer, but he disclaims beneficial ownership of all shares and warrants owned by Global except to the extent of a minor pecuniary interest. |