Not sure if this helps me any, reading it nowhere does it have any restrictions to there stock
SCHEDULE
14C
(5) Includes (i) 625,000 shares of Common Stock issuable to Pope
Investments LLC, a Delaware limited liability company (“Pope Investments”), upon
conversion of $5,000,000 aggregate principal amount of the Company’s 6%
Convertible Debentures due November 30, 2010 (the “Debentures”) and 400,000
shares of Common Stock issuable upon exercise of certain common stock
purchase warrants issued to Pope Investments in connection with the sale of the
Debentures (the “November Warrants”) and (ii) up to an additional 121,250 shares
of Common Stock of the 2,125,000 shares of Common Stock issuable to Pope
Investments upon conversion of $17,000,000 aggregate principal amount of the
Company’s 6% Convertible Notes due May 30, 2011 (the “Notes”) and the 1,062,500
shares of Common Stock issuable upon exercise of certain common stock purchase
warrants issued to Pope Investments in connection with the sale of the Notes
(the “Warrants”). Pope Asset Management LLC, a Tennessee
limited liability company (“Pope Asset”) serves as an investment adviser and/or
manager to Pope Investments. Pope Asset is the sole manager for Pope Investments
and has sole voting control and investment and disposition power and discretion
with respect to all securities held by Pope Investments. Pope Asset may be
deemed to beneficially own shares owned or held by, or held for the account or
benefit of, Pope Investments. Mr. William P. Wells is the sole manager of Pope
Asset. Mr. Wells may be deemed to own shares owned or held by, or held for the
account or benefit of, Pope Investments. Pope Asset and Mr. Wells do not
directly own any shares of Common Stock.
(6) The
percentage of shares of Common Stock that may be beneficially owned by Pope
Investments is limited to 9.99% and no shares of Common Stock in excess of this
beneficial ownership limitation may be issued by the Company to Pope
Investments. This limitation may be waived by Pope Investments at any time upon
61 days’ notice to the Company.
AI
