PROSPECTUS SUPPLEMENT NO. 5 |
Filed
Pursuant to Rule 424(b)(7)
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(To
Prospectus dated May 10, 2007 as supplemented and amended by
prospectus supplement no. 1 dated June 13, 2007, prospectus supplement no. 2 dated July 17, 2007, prospectus supplement no. 3 dated August 24, 2007 and prospectus
supplement no. 4 dated September 27, 2007)
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Registration
Statement No.
333-142820
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Selling
Shareholder
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Number
of Shares Beneficially Owned Prior to the
Offering(1)(2)
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Percentage
of Shares Beneficially Owned Prior to the
Offering(3)
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Number
of Shares Offered Pursuant
to
this Prospectus
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Number
of Shares Beneficially Owned After the
Offering(4)
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Percentage
of Shares Beneficially Owned After the
Offering(3)
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Akanthos
Arbitrage Master Fund, L.P. (5)
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1,980,353
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*
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1,980,353
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0
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*
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Argent
Classic Convertible Arbitrage Fund L.P. (6)
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94,264
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*
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94,264
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0
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*
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Argent
Classic Convertible Arbitrage Fund II, L.P. (6)
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23,426
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*
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23,426
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0
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*
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Argent
Classic Convertible Arbitrage Fund Ltd. (6)
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771,171
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*
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771,171
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0
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*
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Argent
LowLev Convertible Arbitrage Fund II, LLC (6)
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4,367
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*
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4,367
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0
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*
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Argent
LowLev Convertible Arbitrage Fund Ltd. (6)
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283,104
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*
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283,104
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0
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*
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Argentum
Multi-Strategy Fund, LLC (6)
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5,148
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*
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5,148
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0
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*
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Argentum
Multi-Strategy Fund Ltd - Classic (6)
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15,842
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*
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15,842
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0
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*
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Classic
C Trading Company, Ltd. (6)
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194,866
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*
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194,866
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0
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*
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Elite
Classic Convertible Arbitrage Ltd. (6)
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51,489
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*
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51,489
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0
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*
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HFR
CA Global Select Master Trust Account (6)
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80,402
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*
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80,402
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0
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*
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Lyxor
Master Fund Ref: Argent/LowLev CB c/o Argent (6)
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83,174
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*
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83,174
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0
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*
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Partners
Group Alternative Strategies PCC Ltd (6)
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152,487
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*
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152,487
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0
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*
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Wachovia
Securities International Ltd. (7)
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198,035
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*
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198,035
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0
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*
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Xavex
Convertible Arbitrage 2 Fund (6)
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40,003
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*
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40,003
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0
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*
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Xavex
Convertible Arbitrage 10 Fund (6)
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125,554
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*
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125,554
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0
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*
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*
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Less
than one percent.
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(1)
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Based
on information available to us as of October 28, 2007 in
Selling Security
Holder Notices and Questionnaires delivered by the selling
shareholders.
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(2)
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The
number of common shares issuable upon the exchange or redemption
of the
notes assumes exchange of the full amount of notes held
by each selling
shareholder at the initial exchange rate of 39.6071 shares
of our common
shares per $1,000 principal amount of notes and a cash
payment in lieu of
any fractional share, even though we are required to pay
the first $1,000
of exchange value in cash. The exchange rate is subject
to adjustment in
certain events.
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(3)
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Based
on a total of 63,642,759 shares of our common stock outstanding
as of
October 26, 2007.
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(4)
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Assumes
the selling shareholder sells all of its common shares
offered pursuant to
this prospectus.
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(5)
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Akanthos
Capital Management, LLC and Michael Kao exercise voting
and/or dispositive
powers with respect to these securities. Akanthos Arbitrage
Master Fund
L.P. has reported as short position in our common shares
of 627,708 as of
October 3, 2007.
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(6)
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Nathanial
Brown and Robert Richardson exercise voting and/or dispositive
powers with
respect to these securities.
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(7)
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Wachovia
Securities International Ltd. is a wholly-owned subsidiary
of Wachovia
Corporation. Wachovia Corporation and its affiliates in
the past have provided financing services to us. An affiliate
of Wachovia
Corporation acted as placement agent for us for secured
mortgage
indebtedness of $10.1 million in aggregate principal amount in 2005,
$51.5 million in aggregate principal amount in 2004 and
$13.4 million in aggregate principal amount in 2003. Additionally,
an
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affiliate
of Wachovia Corporation acted as lender to us for $7.7 million of
secured mortgage indebtedness in 2004. In addition, an
affiliate of
Wachovia Corporation acted as sole book-running manager
in public
offerings of our common shares for $61.7 million in July 2005,
$127.2 million in February 2004, $102.6 million in October 2003,
$77.0 million in April 2003 and $42.6 million in September 2002.
Furthermore, an affiliate of Wachovia Corporation acted
as lead arranger
for our $200.0 million credit facility in June 2005, pursuant to
which an affiliate of Wachovia Corporation committed $45.0 million.
An affiliate of Wachovia Corporation also acted as placement
agent for us
in a private placement of our common shares of $35.0 million in June
2004. An affiliate of Wachovia Corporation as our exclusive
financial advisor with respect to the merger of Newkirk
Realty Trust with
and into us. In January 2007, an affiliate of Wachovia
Corporation served
as co-manager for our private offering of an aggregate
$300,000,000 original principal amount of the
notes.
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