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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 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 | |
LUIKART JAMES L 520 MADISON AVE NEW YORK, NY 10022 |
X |
/s/ James L. Luikart | 09/28/2005 | |
**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) | Mr. Luikart is one of two managing members of Jefferies Capital Partners (a/k/a FS Private Investments III, LLC and referred to hereinafter as "JCP"). The other managing member of JCP is Brian Friedman. |
(2) | Prior to the reported transaction, JCP beneficially owned 56,033 shares of Common Stock. Mr. Luikart elected to report as indirectly owned all the shares beneficially owned by JCP and disclaimed beneficial ownership of such shares except to the extent of his proportionate pecuniary interest therein resulting from his direct or indirect interst in JCP. |
(3) | On September 27, 2005 JCP distributed 56,033 shares to its members without consideration on a pro rata basis. As a result, JCP no longer beneficially owns any shares and 16,342 shares previously held indirectly are now directly owned by Mr. Luikart. |