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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 | |
WHITEBOX ADVISORS LLC 3033 EXCELSIOR BOULEVARD, SUITE 300 MINNEAPOLIS, MN 55416 |
X | See Remarks below | ||
Whitebox Multi-Strategy Partners LP 3033 EXCELSIOR BOULEVARD, SUITE 300 MINNEAPOLIS, MN 55416 |
X | See Remarks Below | ||
F Cubed Partners LP 3033 EXCELSIOR BOULEVARD, SUITE 300 MINNEAPOLIS, MN 55416 |
X | See Remarks Below | ||
Whitebox Credit Arbitrage Partners, L.P. 3033 EXCELSIOR BOULEVARD, SUITE 300 MINNEAPOLIS, MN 55416 |
X | See Remarks Below | ||
Dre Partners, LP 3033 EXCELSIOR BOULEVARD, SUITE 300 MINNEAPOLIS, MN 55416 |
X | See Remarks Below | ||
Pandora Select Partners, L.P. 3033 EXCELSIOR BOULEVARD, SUITE 300 MINNEAPOLIS, MN 55416 |
X | See Remarks Below |
/s/ Jonathan D. Wood | 10/19/2010 | |
**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) | Shares acquired are held directly by Whitebox Multi-Strategy Partners, L.P. ("WMSP"), F-Cubed Partners, L.P. ("FCP"), Whitebox Credit Arbitrage Partners, L.P. ("WCAP"), DRE Partners, L.P. ("DP"), and Pandora Select Partners, L.P. ("PSP"). |
(2) | The general partner of WMSP and FCP is Whitebox Multi-Strategy Advisors, LLC ("WMSA"), WCAP and DP is Whitebox Credit Arbitrage Advisors, LLC ("WCAA"), and PSP is Pandora Select Advisors, LLC ("PSA"). The managing member and controlling owner of WMSA, WCAA, and PSA is Whitebox Advisors, LLC ("WA"). |
(3) | Shares attributable to interests held by WA as Managing Member of WMSA, WCAA, and PSA, which act as General Partners to WMSP, FCP, WCAP, DP, and PSP which directly hold the shares. |
(4) | Shares acquired in connection to a distribution pursuant to 1145(B) under the Bankruptcy Code, in connection with issuer's plan of reorganization that became effective on March 15,2010. |
Remarks: Based on the relationships described in notes (1) and (2), the entities referenced therein may be deemed to constitute a group for purposes of Rule 13d-5(b)(1) under the Securities and Exchange Act of 1934. The filing of this statement shall not be construed as an admission that WA, WMSA, WMSP, FCP, WCAA, WCAP, DP, PSA, and PSP are a group, or have agreed to act as a group. WA, WMSA, WMSP, FCP, WCAA, WCAP, DP, PSA, and PSP each disclaim beneficial ownership of the shares of common stock reported herein except to the extent of their pecuniary interest in such shares. |