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UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT 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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(Print or Type Responses)
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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) | ||
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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 | |
| Costa Brava Partnership III LP 222 BERKELEY STREET, 17TH FLOOR BOSTON, MA 02116 |
X | |||
| Roark, Rearden & Hamot LLC 222 BERKELEY STREET, 17TH FLOOR BOSTON, MA 02116 |
X | |||
| HAMOT SETH W 222 BERKELEY STREET, 17TH FLOOR BOSTON, MA 02116 |
X | X | ||
| /s/ Seth W. Hamot, individually and as President of Roark, Rearden & Hamot, LLC on its own behalf and as General Partner on behalf of Costa Brava Partnership III L.P. | 01/18/2012 | |
| ** Signature of Reporting Person |
Date
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| * | 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) | Shares of the issuer's common stock issued, in lieu of cash, as of January 16, 2012 as payment of interest accrued for the Fiscal Quarter ended January 1, 2012 ("Accrued Interest") under and pursuant to the terms of the Subordinated Secured Convertible Notes issued on December 23, 2010, March 31, 2011 and July 1, 2011 to Costa Brava Partnership III LP ("Note"). Such number of shares issued equals the quotient of: (a) the amount of Accrued Interest; and (b) the Interest Conversion Price based on a weighted aveage price per share of the issuer's common stock of $0.0876 as calculated pursuant to the terms of the Note. |
| (2) | The securities reported as directly beneficially owned by Costa Brava Partnership III LP may be deemed to be indirectly beneficially owned by Roark, Rearden & Hamot, LLC, and Seth Hamot. Seth Hamot is the President of Roark, Rearden & Hamot, LLC which is the General Partner of Costa Brava Partnership III LP, but each of them disclaims beneficial ownership of any securities, and any proceeds thereof, that exceed its or his pecuniary interest therein, and/or that are not actually distributed to it or him, respectively. |