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 B Convertible Stock (1) (2) | Â (3) | Â (3) | Common Stock | 948,724 | $ (3) | D (2) | Â |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
Whitebox Hedged High Yield Partners, L.P. 3033 EXCELSIOR BOULEVARD, SUITE 300 MINNEAPOLIS, MN 55416 |
 |  |  | Less than 10% Owner |
/s/ Jonathan D. Wood, Chief Operating Officer, on behalf of Whitebox Advisors, LLC, Managing Member of Whitebox Hedged High Yield Advisors, LLC, General Partner of Whitebox Hedged High Yield Partners, L.P. | 03/10/2009 | |
**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(1) | The original Form 3 Filed by the reporting persons on 12/31/08 was filed in error and is being withdrawn by this amendment. The holdings of Series B Convertible Stock reported in the original Form 3 did not then and do not now represent beneficial ownership of more than 10% of the Issuer?s outstanding common stock. The reporting persons have therefore not been at any time subject to Section 16 of the Securities Exchange Act with respect to their holdings of the Issuer?s securities. |
(2) | 939,517 shares of the Series B Convertible B Stock are owned directly by Whitebox Hedged High Yield Partners, L.P. ("WHHYP"). Whitebox Hedged High Yield Advisors, LLC ("WHHYA") is the general partner of WHHYP, and Whitebox Advisors, LLC ("WA") is the managing member and controlling owner of WHHYA. WA, WHHYA and WHHYP each disclaim beneficial ownership of the shares of Common Stock reported herein except to the extent of such person's pecuniary interests in such shares. |
(3) | Each share of Series B Convertible Preferred Stock is convertible at any time at the holder's election into 1.0098 shares of Common Stock and has no expiration date. |