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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 | ||||||||
Common Stock Warrants (right to buy) | $ 3.2 | 07/25/2008 | P | 3,218,884 (1) (2) | 07/25/2008 | 07/25/2013 | Common Stock | 3,218,884 | $ 2.33 | 3,218,884 | I (3) (4) (5) | see footnotes |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
HIGHLAND CAPITAL MANAGEMENT LP 13455 NOEL ROAD SUITE 800 DALLAS, TX 75240 |
X | |||
DONDERO JAMES D 13455 NOEL ROAD SUITE 800 DALLAS, TX 75240 |
X | |||
Strand Advisors, Inc. 13455 NOEL ROAD SUITE 800 DALLAS, TX 75240 |
X |
Highland Capital Management, L.P. By: Strand Advisors, Inc., its general partner /s/ James D. Dondero, President | 07/28/2008 | |
**Signature of Reporting Person | Date | |
/s/ James D. Dondero | 07/28/2008 | |
**Signature of Reporting Person | Date | |
/s/ James D. Dondero | 07/28/2008 | |
**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) | This statement is filed by and on behalf of each of the following persons (collectively, the "Reporting Persons"): (i) Highland Capital Management L.P. ("Highland Capital"); (ii) Strand Advisors, Inc. ("Strand"); and (iii) James D. Dondero. |
(2) | Highland Capital is acting as investment adviser and/or manager to other persons including Highland Credit Strategies Fund ("Credit Strategies"), it may be deemed to beneficially own shares owned and/or held by and/or for the account of and/or for the benefit of other persons, including Credit Strategies. Strand is the general partner of Highland Capital; it may be deemed to beneficially own shares owned and/or held by and/or for the account of and/or for the benefit of Highland Capital. Mr. Dondero is the President and a director of Strand; he may be deemed to beneficially own shares owned and/or held by and/or for the account of and/or for the benefit of Strand. |
(3) | Each of the Reporting Persons declares that neither the filing of this statement nor anything herein shall be construed as an admission that such person is, for the purposes of Section 13(d) or 13(g) of the Act or any other purpose, the beneficial owner of any securities covered by this statement. |
(4) | Each of the Reporting Persons may be deemed to be a member of a group with respect to the issuer or securities of the issuer for the purposes of Section 13(d) or 13(g) of the Act. Each of the Reporting Persons declares that neither the filing of this statement nor anything herein shall be construed as an admission that such person is, for the purposes of Section 13(d) or 13(g) of the Act or any other purpose, (i) acting (or has agreed or is agreeing to act together with any other person) as a partnership, limited partnership, syndicate, or other group for the purpose of acquiring, holding, or disposing of securities of the issuer or otherwise with respect to the issuer or any securities of the issuer or (ii) a member of any group with respect to the issuer or any securities of the issuer. |
(5) | Neither Mr. Dondero, Highland Capital, nor any other reporting person may bind, obligate or take any action, directly or indirectly, on behalf of Credit Strategies. Credit Strategies expressly disclaims membership in a group with respect to the issuer or securities of the issuer for the purposes of Section 13(d) or 13(g) of the Act. |
Remarks: See Exhibit 99.1 - Joint Filer Agreement |