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UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549ANNUAL 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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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 2270 (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 at End of Issuer's Fiscal Year (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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(A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares | |||||||||
Options to purchase common stock | $ 0.7 | 01/01/2008 | Â | A4 | 10,000 | Â | Â (1) | 01/01/2018 | Common Stock | $ 0.7 | 1,051,878 | Â | ||
Convertible Subordinated Note | $ 1.1 | 04/01/2008 | Â | J4 (2) | 10,580 (2) (4) | Â | 04/01/2008 | 01/03/2010(3) | Common Stock | $ 11,637.96 (2) | 1,062,458 | Â | ||
Convertible Subordinated Note | $ 1.1 | 07/01/2008 | Â | J4 (5) | 10,844 (5) (4) | Â | 07/01/2008 | 01/03/2010(3) | Common Stock | $ 11,928.12 (5) | 1,073,302 | Â | ||
Convertible Subordinated Note | $ 1.1 | 10/01/2008 | Â | J4 (6) | 11,237 (6) (4) | Â | 10/01/2008 | 01/03/2010(3) | Common Stock | $ 12,359.84 (6) | 1,084,539 | Â |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
CHO CK 30452 ESPERANZA RANCHO SANTA MARGARITAÂ 92688 |
 X |  |  |  |
/s/ CK Cho | 05/27/2009 | |
**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) | Options were granted pursuant to the 2002 Non-employee Director Stock Option Plan and vest in five equal annual installments of 20% beginning one year from the date of the original grant. |
(2) | On April 1, 2008, the Issuer elected to issue to Mr. Cho a 8% convertible subordinated note (the "Interest Note") as payment for interest due and payable to Mr. Cho on the $466,797 of 8% convertible subordinated notes (the "Convertible Subordinated Note") issued through October 1, 2007. The Convertible Subordinated Note and Interest Note are convertible at any time at Mr. Cho's option into shares of common stock of the Issuer at $1.10 per share and mature on January 3, 2010. |
(3) | The maturity date of the Note. |
(4) | Assumes full conversion. |
(5) | On July 1, 2008, the Issuer elected to issue to Mr. Cho a 8% convertible subordinated note (the "Interest Note") as payment for interest due and payable to Mr. Cho on the $478,435 of 8% convertible subordinated notes (the "Convertible Subordinated Note") issued through April 1, 2008. The Convertible Subordinated Note and Interest Note are convertible at any time at Mr. Cho's option into shares of common stock of the Issuer at $1.10 per share and mature on January 3, 2010. |
(6) | On October 1, 2008, the Issuer elected to issue to Mr. Cho a 8% convertible subordinated note (the "Interest Note") as payment for interest due and payable to Mr. Cho on the $490,363 of 8% convertible subordinated notes (the "Convertible Subordinated Note") issued through July 1, 2008. The Convertible Subordinated Note and Interest Note are convertible at any time at Mr. Cho's option into shares of common stock of the Issuer at $1.10 per share and mature on January 3, 2010. |