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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
SCHEDULE 13G
Under the Securities Exchange Act of 1934
(Amendment No. 4)*
Check the appropriate box to designate the rule pursuant to which this Schedule is filed:
o Rule 13d-1(b)
þ Rule 13d-1(c)
o Rule 13d-1(d)
* The remainder of this cover page shall be filled out for a reporting persons initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page.
The information required in the remainder of this cover page shall not be deemed to be filed for the purpose of Section 18 of the Securities Exchange Act of 1934 (Act) or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).
CUSIP No. |
G20045202 |
1 | NAMES OF REPORTING PERSONS Eric Semler |
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2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (SEE INSTRUCTIONS) |
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(a) o | |||||
(b) o | |||||
3 | SEC USE ONLY | ||||
4 | CITIZENSHIP OR PLACE OF ORGANIZATION | ||||
United States | |||||
5 | SOLE VOTING POWER | ||||
NUMBER OF | 3,182,090 | ||||
SHARES | 6 | SHARED VOTING POWER | |||
BENEFICIALLY | |||||
OWNED BY | 0 | ||||
EACH | 7 | SOLE DISPOSITIVE POWER | |||
REPORTING | |||||
PERSON | 3,182,090 | ||||
WITH: | 8 | SHARED DISPOSITIVE POWER | |||
0 | |||||
9 | AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON | ||||
3,182,090 | |||||
10 | CHECK IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES* (SEE INSTRUCTIONS) | ||||
o | |||||
11 | PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) | ||||
8.8%** | |||||
12 | TYPE OF REPORTING PERSON* (SEE INSTRUCTIONS) | ||||
IN |
2
CUSIP No. |
G20045202 |
1 | NAMES OF REPORTING PERSONS TCS Capital GP, LLC |
||||
2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (SEE INSTRUCTIONS) |
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(a) o | |||||
(b) o | |||||
3 | SEC USE ONLY | ||||
4 | CITIZENSHIP OR PLACE OF ORGANIZATION | ||||
Delaware | |||||
5 | SOLE VOTING POWER | ||||
NUMBER OF | 3,162,690 | ||||
SHARES | 6 | SHARED VOTING POWER | |||
BENEFICIALLY | |||||
OWNED BY | 0 | ||||
EACH | 7 | SOLE DISPOSITIVE POWER | |||
REPORTING | |||||
PERSON | 3,162,690 | ||||
WITH: | 8 | SHARED DISPOSITIVE POWER | |||
0 | |||||
9 | AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON | ||||
3,162,690 | |||||
10 | CHECK IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES* (SEE INSTRUCTIONS) | ||||
o | |||||
11 | PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) | ||||
8.8%** | |||||
12 | TYPE OF REPORTING PERSON* (SEE INSTRUCTIONS) | ||||
OO |
3
CUSIP No. |
G20045202 |
1 | NAMES OF REPORTING PERSONS TCS Capital Investments, L.P. |
||||
2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (SEE INSTRUCTIONS) |
||||
(a) o | |||||
(b) o | |||||
3 | SEC USE ONLY | ||||
4 | CITIZENSHIP OR PLACE OF ORGANIZATION | ||||
Cayman Islands | |||||
5 | SOLE VOTING POWER | ||||
NUMBER OF | 1,996,053 | ||||
SHARES | 6 | SHARED VOTING POWER | |||
BENEFICIALLY | |||||
OWNED BY | 0 | ||||
EACH | 7 | SOLE DISPOSITIVE POWER | |||
REPORTING | |||||
PERSON | 1,996,053 | ||||
WITH: | 8 | SHARED DISPOSITIVE POWER | |||
0 | |||||
9 | AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON | ||||
1,996,053 | |||||
10 | CHECK IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES* (SEE INSTRUCTIONS) | ||||
o | |||||
11 | PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) | ||||
5.6%** | |||||
12 | TYPE OF REPORTING PERSON* (SEE INSTRUCTIONS) | ||||
PN |
4
(a) | TCS GP (as the general partner of TCS Offshore, TCS Capital II
and TCS Capital) may be deemed the beneficial owner of 3,162,690 shares of
Common Stock, Eric Semler (as the principal of TCS GP and TCS Select GP) may be
deemed the beneficial owner of 3,182,090 shares of Common Stock, and TCS
Offshore. is the beneficial owner of 1,996,053 shares of Common Stock. |
||
(b) | TCS GP may be deemed the beneficial owner of 8.8% of the
outstanding shares of Common Stock, Eric Semler may be deemed the beneficial
owner of 8.8% of the outstanding shares of Common Stock and TCS Offshore is the
beneficial owner of 5.6% shares of Common Stock. These percentages are
determined by dividing 3,162,690 and 3,182,090 and 1,996,053 respectively, by
35,961,948, the number of shares of Common Stock issued and outstanding as of
October 30, 2007, as reported in the Issuers 10-Q filed with the Securities
and Exchange Commission on November 1, 2007. |
||
(c) | As the general partner of TCS Offshore, TCS Capital II and TCS
Capital, TCS GP has the sole power to vote and dispose of the 3,162,690 shares
of Common Stock. As the principal of TCS GP and TCS Select GP, Eric Semler has
the sole power to vote and dispose of the 3,182,090 shares of Common Stock.
TCS Offshore. has the sole power to vote and dispose of 1,996,053 shares of
Common Stock that it holds. |
5
TCS Capital GP, LLC |
||||
By: | /s/ Eric Semler | |||
Name: Eric Semler | ||||
Title: Managing Member | ||||
TCS Capital Investments, L.P. |
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By: | TCS Capital GP, LLC, general partner | |||
By: | /s/ Eric Semler | |||
Name: | Eric Semler | |||
Title: | Managing Member | |||
/s/ Eric Semler | ||||
Eric Semler | ||||
6