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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 | |
MULLEN JAMES C 4721 EMPEROR BLVD SUITE 200 DURHAM, NC 27703 |
X | Chief Executive Officer |
/s/ David S Field, Attorney-in-fact | 02/11/2013 | |
**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) | On 11/27/12, the Company issued, to each holder of record as of such date, subscription rights to acquire restricted voting shares of the Company (the "Rights Offering"). On December 18, 2012, the reporting person fully exercised his basic subscription privilege to purchase 87,348 restricted voting shares, and exercised his over-subscription privilege to purchase additional shares unclaimed by other rights holders. At the time of the original Form 4, the reporting person determined that he would be allocated an additional 8,704 shares pursuant to his over-subscription privilege. After the filing of the original Form 4, it was determined that the reporting person was allocated more shares than initially determined. The reporting person has filed this Form 4/A to report the final number of shares allocated to him in connection with the Rights Offering, which was 14,989 shares more than the number originally reported. |
(2) | The subscription price was converted from C$3.19 based on the December 18, 2012 closing rate of exchange of 0.9856 Canadian dollars per U.S. dollars as quoted by Reuters. |