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 I Warrant | Â (2) | 10/28/2019 | Common Stock | 3,466,856 | $ 0.01 | I | See Footnote (1) (2) |
2006 Warrant | Â (3) | 12/01/2011 | Common Stock | 485,309 | $ 11.25 | I | See Footnote (1) (3) |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
BANK OF AMERICA CORP /DE/ 100 N. TRYON CHARLOTTE, NC 28255 |
 |  X |  |  |
MERRILL LYNCH, PIERCE, FENNER & SMITH INC. ONE BRYANT PARK NEW YORK, NY 10036 |
 |  X |  |  |
Merrill Lynch PCG, Inc. ONE BRYANT PARK NEW YORK, NY 10036 |
 |  X |  |  |
Bank of America Corporation, By:/s/ Angelina L. Richardson. Title: Vice President | 08/17/2010 | |
**Signature of Reporting Person | Date | |
Merrill Lynch, Pierce, Fenner & Smith Inc., By:/s/ Lawrence Emerson, Title: Attorney-In-Fact | 08/17/2010 | |
**Signature of Reporting Person | Date | |
Merrill Lynch PCG Inc., By:/s/ Gerard M. Haugh. Title: Vice President | 08/17/2010 | |
**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) | As the ultimate holding company of both Merrill Lynch, Pierce, Fenner & Smith, Inc. and Merrill Lynch PCG, Inc., Bank of America Corporation may be deemed to beneficially own the shares held by each entity. The beneficial ownership of Bank of America Corporation comprises the following ownerships of each entity: (a) 3,466,856 shares of Common Stock issuable upon exercise of the Series I Warrants issued to Merrill Lynch PCG, Inc. by the Issuer on October 28, 2009; (b) 933,145 shares of Common Stock owned by Merrill Lynch PCG, Inc.; (c) 87,111 shares of Common Stock owned by Merrill Lynch, Pierce, Fenner & Smith, Inc and (d) 485,309 shares of Common Stock issuable upon exercise of a warrant the Issuer issued to Merrill Lynch PCG, Inc. on June 16, 2006. |
(2) | Due to contractual limitations under the Series I Warrant held by Merrill Lynch PCG, Inc., 1,298,494 shares held under the Series I Warrant are not currently exercisable. |
(3) | In accordance with their terms, the 2006 Warrants held by Merrill Lynch PCG, Inc. are immediately exercisable. |