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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 | |
SUMMIT CAPITAL MANAGEMENT LLC 600 UNIVERSITY ST SUITE 2304 SEATTLE, WA 98101 |
X |
/s/ John C. Rudolf | 02/15/2008 | |
**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) | Securities owned directly by Summit Special Situations. |
Remarks: This Form 4 is being jointly filed on behalf of Summit Capital Management, LLC ("Summit Capital Management"), Summit Capital Partners, LLC ("Summit Capital Partners"), Summit Special Situations Fund, LP ("Summit Special Situations"), Farragut Partners LLC ("Farragut") and John C. Rudolf ("Rudolf"). The reporting persons are members of a Section 13(d) group owning more than 10% of the outstanding common stock of the registrant. 1,282,840 shares of the registrant's securities reported in this Form 4 are owned directly by Summit Special Situations. 240,650 shares of the registrant's securities reported in this Form 4 are owned directly by Farragut. Summit Capital Management is the investment advisor of Summit Capital Partners. Summit Capital Partners is the general partner of Summit Special Situations. Rudolf is the Managing Member of Summit Capital Partners and the President of Summit Capital Management. Each of the reporting persons other than Summit Special Situations and Farragut disclaim beneficial ownership of the reported securities except to the extent of its pecuniary interest therein. Summit Capital Management, Summit Capital Partners and Summit Special Situations disclaims beneficial ownership of the reported securities held by Farragut and Farragut disclaims beneficial ownership of the reported securities held by Summit Capital Management, Summit Capital Partners and Summit Special Situations. |