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 |
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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) |
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Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||
Series B Preferred Stock, $0.01 par value per share (1) | Â (2) | Â (3) | Common Stock | 1,600,000 | $ 2.5 | I | See Note (4) (5) |
Series B Preferred Stock Purchase Warrants (right to buy) (1) | Â (2) | 07/25/2012 | Common Stock (1) | 400,000 | $ 2.5 | I | See Note (4) (5) |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
Atticus Capital LP 767 FIFTH AVENUE, 12TH FLOOR NEW YORK, NY 10153 |
 |  X |  |  |
ATTICUS MANAGEMENT LTD P.O. BOX 100, SYDNEY VANE HOUSE ADMIRAL PARK ST. PETER PORT, GUERNSEYÂ GY1 3EL |
 |  X |  |  |
BARAKETT TIMOTHY R C/O ATTICUS CAPITAL LP 767 FIFTH AVENUE, 12TH FLOOR NEW YORK, NY 10153 |
 |  X |  |  |
/s/ Timothy R. Barakett, individually; as Chairman and Chief Executive Officer of Atticus Capital LP, by Dennis Bertron, attorney-in-fact | 01/03/2008 | |
**Signature of Reporting Person | Date | |
/s/ Dennis Bertron, as attorney-in-fact for Atticus Management Limited | 01/03/2008 | |
**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) | The Series B Preferred Stock Purchase Warrants represent the right to buy 400,000 shares of Series B Preferred Stock. Each share of Series B Preferred Stock is convertible into one share of Common Stock. |
(2) | Immediately |
(3) | None |
(4) | This amendment to the Form 3 previously filed on August 20, 2007 by (i) Atticus Holdings LP ("Atticus Holdings"), a Delaware limited partnership formerly known as Atticus Capital LP, (ii) Atticus Management LLC, and (iii) Mr. Timothy R. Barakett ("Mr. Barakett" and, together with Atticus Holdings and Atticus Management LLC, the "Former Reporting Persons"). Due to an internal reorganization completed by the Former Reporting Persons, this amendment is being filed by (x) Atticus Management Limited, a Guernsey company, (y) Atticus Capital LP, a newly formed Delaware limited partnership and (z) Mr. Barakett (collectively, the "Reporting Persons"). For further information on this restructuring please see the Schedule 13D/A filed by the Reporting Persons on January 3, 2008. |
(5) | As a result, each of the Reporting Persons may be deemed to be a beneficial owner of the securities owned by the Funds and Accounts for purposes of Rule 16a-1(a)(1) under the Securities Exchange Act of 1934. The Reporting Persons disclaim beneficial ownership within the meaning of Rule 16a-1(a)(2) under the Securities Exchange Act of 1934 in the securities owned by the Funds and the Accounts except to the extent, if any, of their pecuniary interest therein. |
 Remarks: Exhibit List: Exhibit 24.1     Power of Attorney, dated June 7, 2007 Exhibit 24.2     Power of Attorney, dated December 28, 2007 |