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) |
Date Exercisable |
Expiration Date |
Title |
Amount or Number of Shares |
Series B Cumulative Convertible Preferred Stock
|
(1)(2)(3)
|
(1)(2)(3)
|
Common Stock
|
8,486
|
$
(1)
(2)
|
D
|
|
Common Stock Warrant (Right to Buy)
|
11/23/2008 |
05/22/2018 |
Common Stock
|
184
|
$
735
|
D
|
|
Common Stock Option (Right ot Buy)
|
(4)
|
08/01/2021 |
Common Stock
|
798
|
$
12.9
|
D
|
|
Common Stock Option (Right to Buy)
|
(5)
|
06/24/2023 |
Common Stock
|
10,204
|
$
3.74
|
D
|
|
* |
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) |
On May 22, 2008, Paul P. Koehler, acquired 12,820 shares of the issuer's Series B Cumulative Convertible Preferred Stock (the "Series B Preferred Stock") and a Warrant to purchase 184 shares of the issuer's Common Stock for an aggregate purchase price of $250,000. Each share of Series B Preferred Stock is convertible at Mr. Koehler's option into that number of shares of the issuer's Common Stock equal to: (i) $19.50, divided by (ii) the conversion price in effect at the time of conversion. The conversion price of the Series B Preferred Stock is currently $29.46, but is subject to certain anti-dilution adjustments as set forth in the Certificate of Designations, Powers, Preferences and Rights of the Series B Preferred Stock (the "Certificate of Designations"); provided, that the anti-dilution adjustments set forth in the Certificate of Designations are subject to certain limitations as set forth in a related Securities Purchase Agreement. |
(2) |
Using the current conversion price, Mr. Koehler's 12,820 shares of Series B Preferred Stock are convertible into 8,486 shares of the issuer's Common Stock. Mr. Koehler's right to convert the Series B Preferred Stock does not expire. |
(3) |
The Series B Preferred Stock shall, upon the occurrence of certain events, automatically convert into Common Stock pursuant to the terms of the Certificate of Designations. |
(4) |
The option vested 33%, 33% and 34% on April 1, 2012, 2013 and 2014, respectively. |
(5) |
The option vests 33%, 33% and 34% on April 1, 2014, 2015 and 2016, respectively. |