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 |
Portfolio Swap
(2)
|
06/16/2008 |
06/16/2008 |
Common Stock, $0.01 par value per share
|
230,500
|
$
(3)
|
I
|
See footnote (1) below
(1)
|
Actively Traded Swap
(4)
|
02/12/2008 |
02/12/2008 |
Common Stock, $0.01 par value per share
|
35,100
|
$
(5)
|
I
|
See footnote (1) below
(1)
|
* |
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) |
The securities beneficially owned by Conrad Bringsjord are owned directly by Clinton Multistrategy Master Fund, Ltd., a
Cayman Islands company ("CMSF") and Clinton Special Opportunities Master Fund, Ltd., a Cayman Islands company ("CSO"). Mr.
Bringsjord may be deemed to be the indirect beneficial owner of the securities reported herein by reason of his position as
managing director and senior portfolio manager at Clinton Group, Inc., a Delaware corporation ("CGI"), which is deemed to be
the indirect beneficial owner of the securities reported herein by reason of its position as investment manager of CMSF and
CSO, as previously reported by CGI on a Form 3 filed March 16, 2007. Mr. Bringsjord disclaims beneficial ownership of any
and all such securities in excess of his actual pecuniary interest. |
(2) |
CMSF entered into a swap agreement with a securities broker under which, on a monthly basis, the broker is obligated to pay
CMSF a sum equal to capital appreciation on the quantity of underlying Common Stock subject to the swap agreement and
dividends paid during such period to holders of the Common Stock holding the same quantity of Common Stock as that subject
to the swap agreement. CMSF is obligated to pay a sum equal to any depreciation in notional value in the underlying Common
Stock subject to the swap agreement plus a fee equal to the product of the notional value of the underlying Common Stock
subject to the swap agreement and Fed Rate plus a spread. |
(3) |
Market close on June 16, 2008. |
(4) |
CSO entered into a swap agreement with a securities broker under which, on a monthly basis, the broker is obligated to pay
CSO a sum equal to capital appreciation on the quantity of underlying Common Stock subject to the swap agreement and
dividends paid during such period to holders of the Common Stock holding the same quantity of Common Stock as that subject
to the swap agreement. CSO is obligated to pay a sum equal to any depreciation in notional value in the underlying Common
Stock subject to the swap agreement plus a fee equal to the product of the notional value of the underlying Common Stock
subject to the swap agreement and Fed Rate plus a spread. |
(5) |
Market close on February 12, 2008. |