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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 | ||||||||
| Common Share Warrants | $ 0.08 | 05/23/2003 | J(1) | 750,000 | 05/23/2003 | 05/23/2008 | Common Stock | 750,000 | $ 0 | 750,000 | D | ||||
| Common Share Warrants | $ 0.04 (3) | 05/01/2006 | X(3) | 750,000 | 05/23/2003 | 05/23/2008 | Common Stock | 750,000 | $ 0 | 0 | D | ||||
| Series F Preferred Shares | (3) | 05/01/2006 | C(3) | 5,000 | 12/31/2001 | (3) | Common Stock | 2,000,000 | $ 200.01 (6) | 0 | D | ||||
| Series F Preferred Warrants | $ 0.04 (3) | 05/01/2006 | X(3) | 2,500 | 12/31/2001 | 10/31/2006 | Common Stock | 1,000,000 | $ 200.01 (6) | 0 | D | ||||
| Series G Preferred Shares | (3) | 05/01/2006 | C(3) | 18 | 01/13/2004 | (3) | Common Stock | 5,625,000 | $ 25,000 (7) | 0 | D | ||||
| Series G Preferred Warrants | $ 0.04 (3) | 05/01/2006 | X(3) | 18 | 01/13/2004 | 10/31/2013 | Common Stock | 5,625,000 | $ 25,000 (7) | 0 | D | ||||
| Common Share Warrants | $ 0.07 | 11/29/2010 | J(8) | 1,000,000 | 11/29/2010 | 11/29/2015 | Common Shares | 1,000,000 | $ 0 | 1,000,000 | D | ||||
| Common Share Warrants | $ 0.063 | 08/10/2011 | J(9) | 1,000,000 | 08/10/2011 | 08/30/2016 | Common Shares | 1,000,000 | $ 0 | 1,000,000 | D | ||||
| Common Share Warrants | $ 0.08 | 05/30/2012 | J(10) | 1,000,000 | 05/30/2012 | 05/30/2017 | Common Shares | 1,000,000 | $ 0 | 1,000,000 | D | ||||
| Reporting Owner Name / Address | Relationships | |||
| Director | 10% Owner | Officer | Other | |
| VILLIGER WALTER PARADIESSTRASSE 25 CH 8645 JONA, V8 00000 |
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| /s/ WALTER VILLIGER | 04/29/2013 | |
| **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) | On May 23, 2003, the reporting person acquired 750,000 common share purchase warrants from the issuer in connection with the issuance of a 12-month promissory note evidencing a loan from the reporting person to the Issuer. |
| (2) | Resulting purchase from cash dividends paid to Series G preferred stockholders; purchase price based on December 31, 2005 closing price of Issuer?s common shares. |
| (3) | In March 2006, the Board of Directors approved a plan to raise additional capital from the holders of its outstanding warrants and stock options at a reduced price of $0.04 per share, in order to a) prevent further dilution by the issuance of additional securities to outsiders, and (b) to restructure the capitalization of the Company. On May 1, 2006, the reporting person converted the Series F preferred stock and Series G preferred stock into common shares, and exercised the Series F, Series G and May 23, 2003 warrants for shares of the issuer?s common stock, at an adjusted warrant exercise price of $0.04, to acquire a total of 15,000,000 shares of the company?s common stock. |
| (4) | Resulting purchase from cash dividends paid to Series G preferred stockholders; purchase price based on May 1, 2006 closing price of Issuer?s common shares. |
| (5) | Shares of common stock issued to reporting person in connection with financing costs related to Secured Multi-Draw Term Loan Facility Agreement in the amount of $2,000,000, with a maturity date of January 11, 2010. |
| (6) | Series F private placement consisted of units of Series F preferred shares and Series F warrants at a combined price of $200.01 per unit. |
| (7) | Series G private placement consisted of units of Series G preferred shares and Series G warrants at a combined price of $25,000 per unit. |
| (8) | Warrants acquired as consideration for an amendment to the issuer?s Secured Multi-Draw Term Loan Facility Agreement, increasing the reporting person?s ?Facility? to $4,750,000 and extending the maturity date to January 11, 2013. |
| (9) | Warrants acquired as consideration for an amendment to the issuer?s Secured Multi-Draw Term Loan Facility Agreement, increasing the reporting person?s ?Facility? to $5,250,000. |
| (10) | Warrants acquired as consideration for an amendment to the issuer?s Secured Multi-Draw Term Loan Facility Agreement, increasing the reporting person?s ?Facility? to $5,750,000 and extending the maturity date to January 11, 2016. |