Alpha Capital Anstalt now owns 17,09% as they already had 7,1% as of December 6 2011.
Security Ownership of Certain Beneficial Owners and Management
The following table sets forth certain information as of December 6, 2011 with respect to the beneficial ownership of our common stock by (1) each person known by us to own beneficially more than 5% of the outstanding shares of our common stock, (2) each of our directors, (3) each Named Officer, and (4) all our directors and executive officers as a group. Unless otherwise stated, each person listed below uses the Company’s address. Pursuant to SEC rules, includes shares that the person has the right to receive within 60 days from December 6, 2011.
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Name and Address of
Number of Shares
Percent of
Beneficial Owners
Beneficially Owned
Class
Sam Klepfish
(1)
39,643,441
12.4
%
Michael Ferrone
(2)
66,296,108
22.3
%
Joel Gold
(3)
38,532,700
13.0
%
Solomon Mayer
(4)
-
0.0
%
Hank Cohn
(5)
-
0.0
%
Justin Wiernasz
(6)
13,000,000
4.4
%
Joseph DiMaggio Jr.
14,800,000
5.2
%
Christopher Brown
(7)
24,610,000
8.7
%
Alpha Capital Anstalt
(8)
20,218,271
7.1
%
All officers and directors as a whole (6 persons)
(9)
157,472,249
43.6
%
(1)
Includes 2,750,000 shares of common stock held by Mr. Klepfish; options to purchase 5,000,000 shares of the Company's common stock, 26,100,000 shares issuable upon the conversion of notes payable; and 5,793,441 shares issuable upon the conversion of accrued interest. Does not include 910,000 shares issuable as of December 31, 2009 as Compensation for services performed in 2009, and 2,856,757 shares issuable as compensation for services performed in 2010, but not yet issued. Upon the issuance of these shares, Mr. Klepfish will beneficially own 13.4% of the outstanding shares.
(2)
Includes 52,296,108 shares of common stock held by Mr. Ferrone; and options to purchase 14,000,000 shares of the Company's common stock held by Mr. Ferrone. Does not include 6,103,664 shares to be issued for the conversion of notes and interest. Upon the issuance of these shares, Mr. Ferrone will beneficially own 23.9% of the outstanding shares.
(3)
Includes 24,532,700 shares of common stock held by Mr. Gold, and options to purchase 14,000,000 shares of common stock. Also includes 920,000 shares of common stock held by Mr. Gold's spouse.
(4)
Does not include 250,000 shares of common stock issuable for services as a board member for 2010, but not yet issued. Upon issuance of these shares, Mr. Mayer will beneficially own less than 1% of the shares outstanding
(5)
Does not include 250,000 shares of common stock issuable for services as a board member for 2010, but not yet issued. Upon issuance of these shares, Mr. Cohn will beneficially own less than 1% of the shares outstanding.
(6)
Includes options to purchase 13,000,000 shares of common stock. Does not include 3,000,000 shares to be issued for services performed in 2008, 966,000 shares to be issued for services performed in 2009, and 2,856,757 shares to be issued for services performed in 2010. Upon the issuance of these shares, Mr. Wiernasz will beneficially own 6.5% of the outstanding shares.
(7)
The most recent address we have on file is 16902 Harbor Master CV, Cornelius, NC 28031.
(8)
Excludes shares underlying warrants and convertible notes which are subject to a 9.99% blocker provision. The address of its principal business office is Pradafant 7, Furstentums 9490, Vaduz, Liechtenstein.
(9)
Includes 79,578,808 shares of common stock, and 77,893,441 shares underlying options, convertible notes or shares issuable as accrued interest upon outstanding notes. Does not include an aggregate of an additional 17,193,178 shares committed by the Company to be issued. Upon issuance of such shares the group will beneficially own 46.2% of the outstanding shares.
AI
