UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549INITIAL STATEMENT OF 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 |
|
| ||||||||||||||||||||||||||||||
|
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | SEC 1473 (7-02) | ||
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. |
1. Title of Derivative Security (Instr. 4) |
2. Date Exercisable and Expiration Date (Month/Day/Year) |
3. Title and Amount of Securities Underlying Derivative Security (Instr. 4) |
4. Conversion or Exercise Price of Derivative Security | 5. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 5) |
6. Nature of Indirect Beneficial Ownership (Instr. 5) |
||
Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||
6.75% Variable Interest Senior Convertible Notes Due 2014 | 05/11/2009 | 11/15/2014 | Common Stock | 3,324,468 | $ 15.04 | I | By Frost Nevada Investments Trust (3) |
Put Option (obligation to buy) | 01/27/2009 | 01/16/2010 | Common Stock | 50,000 | $ 12.5 | I | By Frost Gamma Investments Trust (1) |
Put Option (obligation to buy) | 02/24/2009 | 01/16/2010 | Common Stock | 25,000 | $ 12.5 | I | By Frost Gamma Investments Trust (1) |
Put Option (obligation to buy) | 01/27/2009 | 01/16/2010 | Common Stock | 50,000 | $ 15 | I | By Frost Gamma Investments Trust (1) |
Put Option (obligation to buy) | 02/24/2009 | 01/16/2010 | Common Stock | 25,000 | $ 15 | I | By Frost Gamma Investments Trust (1) |
Put Option (obligation to buy) | 12/09/2008 | 01/16/2010 | Common Stock | 50,400 | $ 17.5 | I | By Frost Gamma Investments Trust (1) |
Put Option (obligation to buy) | 01/27/2009 | 01/16/2010 | Common Stock | 20,000 | $ 17.5 | I | By Frost Gamma Investments Trust (1) |
Put Option (obligation to buy) | 02/04/2009 | 01/16/2010 | Common Stock | 52,000 | $ 17.5 | I | By Frost Gamma Investments Trust (1) |
Put Option (obligation to buy) | 03/06/2009 | 01/16/2010 | Common Stock | 100,000 | $ 17.5 | I | By Frost Gamma Investments Trust (1) |
Put Option (obligation to buy) | 12/22/2008 | 01/16/2010 | Common Stock | 118,020 | $ 20 | I | By Frost Gamma Investments Trust (1) |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
FROST PHILLIP MD ET AL 4400 BISCAYNE BOULEVARD SUITE 1500 MIAMI, FL 33137 |
 |  X |  |  |
Frost Gamma Investments Trust 4400 BISCAYNE BOULEVARD SUITE 1500 MIAMI, FL 33137 |
 |  X |  |  |
Frost Nevada Investments Trust 4400 BISCAYNE BOULEVARD SUITE 1500 MIAMI, FL 33137 |
 |  X |  |  |
/s/ Phillip Frost, M.D. | 05/15/2009 | |
**Signature of Reporting Person | Date | |
FROST GAMMA INVESTMENTS TRUST by: /s/ Phillip Frost, M.D., Trustee | 05/15/2009 | |
**Signature of Reporting Person | Date | |
FROST NEVADA INVESTMENTS TRUST by: /s/ Phillip Frost, M.D., Trustee | 05/15/2009 | |
**Signature of Reporting Person | Date |
* | If the form is filed by more than one reporting person, see Instruction 5(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) | These securities are held by Frost Gamma Investments Trust, of which Phillip Frost M.D., is the trustee. Frost Gamma L.P. is the sole and exclusive beneficiary of Frost Gamma Investments Trust. Dr. Frost is one of two limited partners of Frost Gamma L.P. The general partner of Frost Gamma L.P. is Frost Gamma, Inc., and the sole shareholder of Frost Gamma, Inc. is Frost-Nevada Corporation. Dr. Frost is also the sole shareholder of Frost-Nevada Corporation. The reporting person disclaims beneficial ownership of these securities, except to the extent of any pecuniary interest therein and this report shall not be deemed an admission that the reporting person is the beneficial owner of these securities for purposes of Section 16 or for any other purpose. |
(2) | These securities are held by Patricia Frost, Dr. Frost's spouse. Dr. Frost disclaims beneficial ownership of these securities. |
(3) | These securities are held by Frost Nevada Investments Trust, of which Phillip Frost M.D., is the trustee. Frost-Nevada L.P. is the sole and exclusive beneficiary of Frost Nevada Investments Trust. Dr. Frost is one of five limited partners of Frost-Nevada L.P. and the sole shareholder of Frost-Nevada Corporation, the sole general partner of Frost Nevada L.P. The reporting person disclaims beneficial ownership of these securities, except to the extent of any pecuniary interest therein and this report shall not be deemed an admission that the reporting person is the beneficial owner of these securities for purposes of Section 16 or for any other purpose. |
 Remarks: Exhibit 99 -- Joint Filer Information |