Maybe I should call Tappy Phillips from EYEWITNESS NEWS in New York to interview the following persons:
ITEM 12. SECURITY OWNERSHIP OF CERTAIN BENEFICIAL OWNERS AND MANAGEMENT
The following table sets forth certain information, as of March 1, 2002,
regarding the beneficial ownership of the Common Stock by (i) each person known
to the Company to beneficially own more than 5% of the Common Stock; (ii) each
director and each named executive officer; and (iii) all executive officers and
directors of the Company as a group. A person is a beneficial owner if he or she
has or shares voting power or investment power. On March 1, 2002, there were
outstanding 68,945,454 shares of Common Stock (excluding 1,083 shares held by a
subsidiary of the Company) and 3,042 shares of Series E Preferred Stock.
BENEFICIAL OWNERSHIP OF SECURITIES AS OF MARCH 1, 2001
BENEFICIAL OWNERSHIP
----------------------------------------------------------------------------
NAME AND ADDRESS AMOUNT AND NATURE OF BENEFICIAL PERCENT OF OUTSTANDING VOTING
OF BENEFICIAL OWNER OWNERSHIP SECURITIES
----------------------------- --------------------------------------------- -----------------------------
Marbre Services (1).......... 18,738,635 Common Stock 24.14%
10100 Santa Monica Blvd 200 Series E Preferred Stock 6.57%
Los Angeles, CA 90067
Alpine Associates (2)........ 17,053,388 Common Stock 22.25%
100 Union Avenue 175 Series E Preferred Stock 5.75%
Cresskill, NJ
Regent Capital Holdings, Inc. 16,516,395 Common Stock 21.90%
(3)........................ 120 Series E Preferred Stock 3.94%
505 Park Avenue
Suite 1700
New York, New York 10022
S.G. Cowan (4)............... 16,666,800 Common Stock 19.47%
32 Old Slip 600 Series E Preferred Stock 19.72%
New York, NY 10004
Andrew J. Astrachan (5)...... 10,883,231 Common Stock 14.37%
200 Series E Preferred Stock 6.57%
Charles Dolan (6)............ 11,111,200 Common Stock 13.88%
c/o Cable Vision 400 Series E Preferred Stock 13.15%
1111 Stewart Avenue
Bethpage, NY 11714
Donald Schupak (7)........... 5,898,315 Common Stock 7.88%
0 Series E Preferred Stock
David Chu (8)................ 5,588,798 Common Stock 7.85%
610 Park Avenue 40 Series E Preferred Stock 1.31%
New York, New York
Carol J. Hochman (9)......... 2,824,900 Common Stock 3.99%
50 Series E Preferred Stock 1.64%
Nina McLemore (10)........... 1,039,648 Common Stock 1.49%
0 Series E Preferred Stock
James P. Jalil (11).......... 83,333 Common Stock *
0 Series E Preferred Stock
Henry T. Mortimer, Jr. 63,333 Common Stock *
(11)....................... 0 Series E Preferred Stock
John A. Sarto (11)........... 583,100 Common Stock *
0 Series E Preferred Stock
40
Margaret B. Pritchard (11)... 368,750 Common Stock *
0 Series E Preferred Stock
Larry B. Shelton (11)........ 63,333 Common Stock *
0 Series E Preferred Stock
All Directors and............ 27,396,741 Common Stock 31.22%
Executive Officers as a 240 Series E Preferred Stock 9.53%
Group
(10 persons) (12)
--------------------------------------------------------------------------------
* Percentage of shares of Common Stock beneficially owned does not exceed one
percent of the class of Common Stock.
(1) The amount shown as Common Stock includes (a) 5,555,600 shares of Common
Stock issuable upon conversion of the Series E Preferred Stock, and
(b) 3,126,667 shares of Common Stock underlying presently exercisable
Warrants. Each shares of Series E Preferred Stock entitles the holder
thereof to one vote per share for each share of Common Stock that would be
issued upon conversion of a share of Series E Preferred Stock (27,778 votes
per share).
(2) The amount shown as Common Stock includes (a)4,861,150 shares of Common
Stock issuable upon conversion of the Series E Preferred Stock, and
(b) 2,835,930 shares of Common Stock underlying presently exercisable
Warrants.
(3) The amount shown as Common Stock includes (a) 3,333,360 shares of Common
Stock issuable upon conversion of the Series E Preferred Stock, and
(b) 3,126,667 shares of Common Stock underlying presently exercisable
Warrants.
(4) The amount shown as Common Stock includes 16,666,800 shares of Common Stock
issuable upon conversion of the Series E Preferred Stock.
(5) The amount shown as Common Stock includes (a) 5,555,600 shares of Common
Stock issuable upon conversion of the Series E Preferred Stock, 645,160 of
which are held by Mr. Astrachan and 2,580,640 are held by Onyx Partners, of
which Mr. Astrachan is a principal, (b) 1,172,398 shares of Common Stock
underlying presently exercisable Warrants, and (c) 83,333 shares of Common
Stock underlying presently exercisable stock options.
(6) The amount shown as Common Stock includes 11,111,200 shares of Common Stock
issuable upon conversion of the Series E Preferred Stock.
(7) The amount shown as Common Stock includes (a) 5,808,315 shares of Common
Stock underlying presently exercisable Warrants, and (b) 90,000 shares of
Common Stock underlying presently exercisable stock options.
(8) The amount shown as Common Stock includes (a) 1,111,120 shares of Common
Stock issuable upon conversion of the Series E Preferred Stock,
(b) 1,042,222 shares of Common Stock underlying presently exercisable
Warrants, and (c) 83,333 shares of Common Stock underlying presently
exercisable stock options.
(9) Amounts shown include (a) 436,000 shares of Common Stock underlying a
presently exercisable warrant held by Richard Hochman, Ms. Hochman's
husband, and (b) 1,388,900 shares of Common Stock issuable upon conversion
of the Series E Preferred Stock held by Mr. Hochman. The amounts for
Ms. Hochman do not include holdings of Regent Capital Holdings of which
Mr. Hochman is a principal.
(10) The amount shown as Common Stock includes (a) 818,708 shares of Common
Stock underlying presently exercisable Warrants, and (b) 53,333 shares of
Common Stock underlying presently exercisable stock options. The amounts
shown as Common Stock do not include the holdings of Regent Capital Holdings
(see Note 3 above) of which Ms. McLemore is a principal. If such holdings
were included, Ms. McLemore would hold 21.56% of the outstanding voting
securities of the Company.
(11) The amounts shown as Common Stock reflects presently exercisable stock
options.
(12) The amounts shown as Common Stock includes (a) 8,055,620 shares of Common
Stock issuable upon conversion of the Series E Preferred Stock,
(b) 9,277,643 shares of Common Stock underlying presently exercisable
Warrants, and (c) 1,471,848 shares of Common Stock underlying presently
exercisable stock options.
