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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 |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
Quercus Trust 1835 NEWPORT BLVD. A109-PMB 467 COSTA MESA, CA 92627 |
X | |||
Gelbaum David 1835 NEWPORT BLVD. A109-PMB 467 COSTA MESA, CA 92627 |
X | Co-Trustee | ||
Gelbaum Monica Chavez 1835 NEWPORT BLVD. A109-PMB 467 COSTA MESA, CA 92627 |
X | Co-Trustee |
/s/ David Gelbaum, Co-Trustee, The Quercus Trust | 02/28/2008 | |
**Signature of Reporting Person | Date | |
/s/ David Gelbaum, as attorney-in-fact for Monica Chavez Gelbaum, Co-Trustee, The Quercus Trust | 02/27/2008 | |
**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) | Pursuant to the "lowest in, highest out" method of calculating profit under Section 16(b), the two reported sales resulted in a short-swing profit of $247,113.49 when matched against the Reporting Persons' purchases of 16,500 shares at a price of $7.813 per share on 8/28/2007, 8,200 shares at a price of $7.8429 per share on 8/29/2007, and a portion of 20,000 shares at a price of $8.0645 on 8/27/2007. This temporary short-swing liability was immediately remedied on the date of the filing of this Form 4 as Reporting Persons informed Issuer of their liability and returned the full amount of said profit (inclusive of transaction costs) to Issuer via its wire instructions. Therefore, Reporting Persons in effect realized no profit from the reported short-swing transactions and is in full compliance with Section 16(b). |