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 B2 Warrants
|
03/26/2004 |
03/26/2009 |
Common Stock
|
250,000
|
$
2.25
|
D
(1)
|
Â
|
Series B2 Warrants
|
03/26/2004 |
03/26/2009 |
Common Stock
|
250,000
|
$
2.25
|
I
(1)
|
See Footnote
(2)
|
Series B2 Warrants
|
03/26/2004 |
03/26/2009 |
Common Stock
|
250,000
|
$
2.25
|
I
(1)
|
See Footnote
(3)
|
Series A Convertible Preferred Stock
|
03/26/2004 |
Â
(5)
|
Common Stock
|
50,000
(4)
|
$
0.65
|
D
(1)
|
Â
|
Series A Convertible Preferred Stock
|
03/26/2004 |
Â
(5)
|
Common Stock
|
50,000
(4)
|
$
0.65
|
I
(1)
|
See Footnote
(2)
|
Series A Convertible Preferred Stock
|
03/26/2004 |
Â
(5)
|
Common Stock
|
50,000
(4)
|
$
0.65
|
I
(1)
|
See Footnote
(3)
|
SDS Capital Group SPC, Ltd., By SDS Management LLC, its Investment Manager, /s/ Steven Derby, Managing Member |
|
04/12/2007 |
**Signature of Reporting Person |
Date
|
SDS Management, LLC, /s/ Steven Derby, Managing Member |
|
04/12/2007 |
**Signature of Reporting Person |
Date
|
/s/ Steven Derby |
|
04/12/2007 |
**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) |
These securities are beneficially owned by SDS Capital Group SPC, Ltd. on behalf of its Class B and Class D portfolios ("SDS
Capital Group SPC"). |
(2) |
These securities are held by SDS Capital Group SPC, for whom SDS Management, LLC ("Manager") is the investment manager.
Pursuant to an investment management agreement, Manager has investment and voting power with respect to the securities held
by SDS Capital Group SPC. The entire amount of the Issuer's securities held by SDS Capital Group SPC is reported herein.
Manager disclaims any beneficial ownership of any of the Issuer's securities to which this report relates, except to the
extent of its indirect pecuniary interest therein, and this report shall not be deemed an admission that Manager is the
beneficial owner of such securities. The address of Manager is 53 Forest Avenue, 2nd Floor, Old Greenwich, Connecticut
06870. |
(3) |
These securities are held by SDS Capital Group SPC. Mr. Steven Derby is the sole managing member of Manager and, as such, has
investment and voting power with respect to the securities held by SDS Capital Group SPC. The entire amount of the Issuer's
securities held by SDS Capital Group SPC is reported herein. Mr. Derby disclaims any beneficial ownership of any of the
Issuer's securities to which this report relates, except to the extent of his indirect pecuniary interest therein, and this
report shall not be deemed an admission that Mr. Derby is the beneficial owner of such securities. Mr. Derby's address is
c/o SDS Management, LLC, 53 Forest Avenue, 2nd Floor, Old Greenwich, Connecticut 06870. |
(4) |
The as-if converted shares for 50,000 Series A Convertible Preferred Stock is 1,153,846 common shares. |
(5) |
N/A |