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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 | ||||||||
| Non-qualified stock option (Right to Buy) | $ 3.05 | 06/12/2008 | A | 20,000 | (1) | 06/12/2018 | Common Stock | 20,000 | $ 0 | 20,000 | D (2) | ||||
| Reporting Owner Name / Address | Relationships | |||
| Director | 10% Owner | Officer | Other | |
| HARMAN FREDERIC W C/O OAK INVESTMENT PARTNERS 525 UNIVERSITY AVENUE, SUITE 1300 PALO ALTO, CA 94301 |
X | |||
| /s/ Rita Tocco, Attorney-in-Fact for Fredric W. Harman | 07/17/2008 | |
| **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) | The option shall be fully vested and exercisable on the day prior to the Issuer's 2009 annual shareholder meeting (but in no event later than December 31, 2009), subject to Reporting Person's continued services to the Issuer through such date. |
| (2) | Represent director options exercisable for 20,000 shares of the Issuer's Common Stock, which are held by Mr. Harman on behalf of Oak Investment Partners XII, Limited Partnership ("Oak XII, L.P"). Mr. Harman is a Managing Member of Oak Associates XII, L.L.C., the General Partner of Oak XII, L.P |
| Remarks: Fredric W. Harman is a Director of the Issuer. Mr. Harman is a Managing Member of Oak Associates XII, L.L.C., the General Partner of Oak XII, L.P. Oak XII, L.P. is not reporting a person on this Form 4 because it is not subject to Section 16, as it is not a 10% owner. Each Reporting Person disclaims the existence of a "group" and disclaims beneficial ownership of any securities (except to the extent of such Reporting Person's pecuniary interest in such securities) other than any securities reported herein as being directly owned by such Reporting Person, and this report shall not be deemed an admission that such Reporting Person is the beneficial owner of any such securities for purposes of Section 16 or for any other purpose. | |