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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 | ||||||||
Warrants to acquire Common Stock (9) | $ 50 | 11/09/2010 | A | 1,247,643 | 11/09/2010 | 11/09/2017 | Common Stock | 1,247,643 | (9) | 1,247,643 | I | see footnotes (1) (8) | |||
Warrants to acquire Common Stock (9) | $ 50 | 11/09/2010 | A | 856,134 | 11/09/2010 | 11/09/2017 | Common Stock | 856,134 | (9) | 856,134 | I | see footnotes (2) (8) | |||
Warrants to acquire Common Stock (9) | $ 50 | 11/09/2010 | A | 982,036 | 11/09/2010 | 11/09/2017 | Common Stock | 982,036 | (9) | 982,036 | I | see footnotes (3) (8) | |||
Warrants to acquire Common Stock (9) | $ 50 | 11/09/2010 | A | 113,541 | 11/09/2010 | 11/09/2017 | Common Stock | 113,541 | (9) | 113,541 | I | see footnotes (4) (8) | |||
Warrants to acquire Common Stock (9) | $ 50 | 11/09/2010 | A | 226,625 | 11/09/2010 | 11/09/2017 | Common Stock | 226,625 | (9) | 226,625 | I | see footnotes (5) (8) | |||
Warrants to acquire Common Stock (9) | $ 50 | 11/09/2010 | A | 75,924 | 11/09/2010 | 11/09/2017 | Common Stock | 75,924 | (9) | 75,924 | I | see footnotes (6) (8) | |||
Warrants to acquire Common Stock (9) | $ 50 | 11/09/2010 | A | 75,924 | 11/09/2010 | 11/09/2017 | Common Stock | 75,924 | (9) | 75,924 | I | see footnotes (7) (8) |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
Brascan Asset Management Holdings Ltd 181 BAY STREET P.O. BOX 762 TORONTO, A6 M5J 2T3 |
X | X | Director by deputization *** |
By Aleks Novakovic, Vice President of Brascan Asset Management Limited, /s/ Aleks Novakovic | 02/02/2011 | |
**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) | See Exhibit 99.1; Note 1. |
(2) | See Exhibit 99.1; Note 2. |
(3) | See Exhibit 99.1; Note 3. |
(4) | See Exhibit 99.1; Note 4. |
(5) | See Exhibit 99.1; Note 5. |
(6) | See Exhibit 99.1; Note 6. |
(7) | See Exhibit 99.1; Note 7. |
(8) | See Exhibit 99.1; Note 8. |
(9) | See Exhibit 99.1; Note 9. |
Remarks: *** David Arthur, a Managing Partner of Brookfield Asset Management Inc., a corporation formed under the laws of the Province of Ontario ("BAM"), serves on the board of directors of the Issuer as a representative of each of BAM, Trilon Bancorp Inc., a corporation formed under the laws of the Province of Ontario, Brookfield Private Funds Holdings Inc., a corporation formed under the laws of the Province of Ontario, Brookfield Asset Management Private Institutional Capital Adviser (Canada) LP, a limited partnership formed under the laws of the Province of Manitoba, Brascan Asset Management Holdings Limited, a Canadian entity formed under the Canada Business Corporations Act and a wholly-owned subsidiary of BAM (the "Reporting Person"), Brookfield US Holdings Inc., a corporation formed under the laws of the Province of Ontario, Brookfield US Corporation, a Delaware corporation, Brookfield REP GP Inc., a Delaware corporation, Brookfield Retail Split LP, a Delaware limited partnership and Brookfield Retail Holdings LLC (formerly REP Investments LLC), a Delaware limited liability company. The Reporting Person is a "director by designation" solely for purposes of Section 16 of the Securities Exchange Act of 1934. Exhibit List: Exhibit 99.1 - Explanation of Responses |