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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 Option (Right to Buy) | $ 4.2 | 03/10/2009 | D | 5,000 (2) | (3)(4) | 12/14/2010 | Common Stock | 5,000 (2) | (4) | 0 | I (2) | Investment Advisor (1) | |||
Stock Option (Right to Buy) | $ 4.2 | 03/10/2009 | A | 5,000 (2) | (3)(4) | 12/14/2014 | Common Stock | 5,000 (2) | (4) | 5,000 (2) | I (2) | Investment Advisor (1) | |||
Stock Option (Right to Buy) | $ 4.16 | 03/10/2009 | D | 5,000 (2) | (3)(5) | 12/15/2011 | Common Stock | 5,000 (2) | (5) | 0 | I (2) | Investment Advisor (1) | |||
Stock Option (Right to Buy) | $ 4.16 | 03/10/2009 | A | 5,000 (2) | (3)(5) | 12/15/2015 | Common Stock | 5,000 (2) | (5) | 5,000 (2) | I (2) | Investment Advisor (1) | |||
Stock Option (Right to Buy) | $ 6.3 | 03/10/2009 | D | 10,000 (2) | (6)(7) | 03/28/2013 | Common Stock | 10,000 (2) | (7) | 0 | I (2) | Investment Advisor (1) | |||
Stock Option (Right to Buy) | $ 6.3 | 03/10/2009 | A | 10,000 (2) | (6)(7) | 03/28/2017 | Common Stock | 10,000 (2) | (7) | 10,000 (2) | I (2) | Investment Advisor (1) | |||
Stock Option (Right to Buy) | $ 4.53 | 03/10/2009 | D | 10,000 (2) | (8)(9) | 01/11/2014 | Common Stock | 10,000 (2) | (9) | 0 | I (2) | Investment Advisor (1) | |||
Stock Option (Right to Buy) | $ 4.53 | 03/10/2009 | A | 10,000 (2) | (8)(9) | 01/11/2018 | Common Stock | 10,000 (2) | (9) | 10,000 (2) | I (2) | Investment Advisor (1) |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
FirstMark Capital, L.L.C. 1221 SIXTH AVENUE NEW YORK, NY 10020 |
See Footnote 1 | |||
LENIHAN LAWRENCE D JR 1221 SIXTH AVENUE NEW YORK, NY 10020 |
X |
/s/ Brian Kempner, Chief Operating Officer & General Counsel | 03/12/2009 | |
**Signature of Reporting Person | Date | |
/s/ Lawrence D. Lenihan, Jr., Director (1) | 03/12/2009 | |
**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) | FirstMark Capital, L.L.C., a Delaware limited liability company ("FirstMark"), is an investment advisor acting on behalf of its clients' accounts. Mr. Lenihan is the Chief Executive Officer, Managing Director, and a member of FirstMark. Mr. Lenihan also serves on the Board of Directors of the Issuer and disclaims beneficial ownership of these securities except to the extent of his pecuniary interest. FirstMark disclaims any obligation to file this report, and this report shall not be deemed an admission that FirstMark is subject to Section 16 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), with respect to the Issuer of such securities. |
(2) | FirstMark disclaims beneficial ownership of these securities, and this report shall not be deemed an admission that FirstMark is, for the purposes of Section 16 of the Exchange Act or otherwise, the beneficial owner of such securities. |
(3) | This option is fully vested. |
(4) | The two reported transactions involved an amendment of an outstanding option, resulting in the deemed cancellation of the "old" option and the deemed grant of a replacement option. The option was originally granted on 12/14/2004 to Lawrence D. Lenihan as compensation for his service as a member of the Board of Directors of the Issuer. The amendment consists solely of changing the term of the option from six years to ten years. |
(5) | The two reported transactions involved an amendment of an outstanding option, resulting in the deemed cancellation of the "old" option and the deemed grant of a replacement option. The option was originally granted on 12/15/2005 to Lawrence D. Lenihan as compensation for his service as a member of the Board of Directors of the Issuer. The amendment consists solely of changing the term of the option from six years to ten years. |
(6) | This option vests monthly over the course of four years beginning on December 28, 2006. |
(7) | The two reported transactions involved an amendment of an outstanding option, resulting in the deemed cancellation of the "old" option and the deemed grant of a replacement option. The option was originally granted on 3/28/2007 to Lawrence D. Lenihan as compensation for his service as a member of the Board of Directors of the Issuer. The amendment consists solely of changing the term of the option from six years to ten years. |
(8) | This option vests monthly over the course of four years beginning November 15, 2007. |
(9) | The two reported transactions involved an amendment of an outstanding option, resulting in the deemed cancellation of the "old" option and the deemed grant of a replacement option. The option was originally granted on 1/18/2008 to Lawrence D. Lenihan as compensation for his service as a member of the Board of Directors of the Issuer. The amendment consists solely of changing the term of the option from six years to ten years. |