UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549INITIAL STATEMENT OF 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 |
|
| ||||||||||||||||||||||||||||||
|
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | SEC 1473 (7-02) | ||
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. |
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 | ||||
Common Stock Purchase Warrant | 04/30/2008(2) | 04/30/2013 | Common Stock | 333,166 (2) | $ 2.85 | I | limited partnerships (2) |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
Becker Steven R 300 CRESCENT COURT SUITE 1111 DALLAS, TX US 75201 |
 |  |  | None |
Steven R. Becker | 12/10/2008 | |
**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) | Represents shares held directly by SRB Greenway Capital, L.P. (209,042 shares), SRB Greenway Capital (QP), L.P. (1,841,072 shares), and SRB Greenway Offshore Operating Fund, L.P. (77,275 shares). The Reporting Person disclaims beneficial ownership in such shares, except to the extent of his pecuniary interest therin. |
(2) | Represents warrants to purchase common stock held directly by SRB Greenway Capital, L.P. (33,316 shares), SRB Greenway Capital (QP), L.P. (287,450 shares), and SRB Greenway Offshore Operating Fund, L.P. (12,400 shares). Each of these warrants limits the exercise of the warrant such that the warrant is not exercisable to the extent that after such exercise the holder of the warrant and its affiliates would have beneficial ownership, as calculated in accordance with Section 13(d) of the Exchange Act, of more than 9.99% of the outstanding Common Stock of the Issuer. Because of such limitation, as of July 24, 2008, and at all times prior and since, the Reporting Person has not been a 10% owner of the Common Stock of the Issuer. The original Form 3 was filed with the mistaken belief that the Reporting Person was a 10% owner for Section 16 filing purposes. The Reporting Person also disclaims beneficial ownership, within the meaning of Rule 16a-1(a)(2) of the Exchange Act, in all shares of common stock underlying such warrants, except to the extent of his pecuniary interest therin. |
 Remarks: The original Form 3 was filed with the mistaken beleif that the Reporting Person was a 10% owner.  The Reporting Person in fact is not a Section 16 insider with relation to the Issuer.  See footnote 2 below. |