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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 |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
SCHWARZ MARK E 200 CRESCENT COURT STE 1400 DALLAS, TX 75201 |
X |
/s/ Mark E. Schwarz | 07/13/2010 | |
**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) | Transaction constitutes a distribution of shares by NP in satisfaction of redemption requests as of June 30, 2010. Amount indicated (7,566) reflects shares distributed to limited partners other than Mark Schwarz as described in footnote 3. |
(2) | The Reporting Person is a director of the Issuer. Newcastle Capital Management, LP is the general partner of Newcastle Partners, LP. and Newcastle Focus Fund II, L.P. Newcastle Capital Group, LLC is the general partner of Newcastle Capital Management, LP. The Reporting Person is the managing member of Newcastle Capital Group, LLC. Accordingly, the Reporting Person may be deemed to beneficially own the shares of the Issuer's Common Stock directly owned by Newcastle Partners, L.P. and Newcastle Focus Fund II, L.P. The Reporting Person disclaims beneficial ownership of the shares of the Issuer's Common stock owned by Newcastle Partners, L.P. and Newcastle Focus Fund II, L.P. except to the extent of his pecuniary interest therein. |
(3) | Transaction constitutes a distribution by Newcastle Partners, L.P. to Mark Schwarz in satisfaction of a partial redemption as of June 30, 2010. |
(4) | Transaction constitutes a contribution of shares by Mark Schwarz to Newcastle Focus Fund II, L.P.. |
(5) | Includes, as of 07/13/2010 after giving effect to the transactions reported herein, (1) 181,807 shares of the Issuer's Common Stock owned by Newcastle Partners, L.P., (2) 1,560 shares of the Issuer's Common Stock owned by Newcastle Focus Fund II, L.P. and (3) 26,123 vested options exercisable into shares of the Issuer's Common Stock owned by the Reporting Person. |