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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 | ||||||||
Stock Option (right to buy) | $ 1.86 | 03/05/2008 | 03/05/2008 | A | 100,000 | 04/05/2008(1) | 03/04/2018 | Common Stock | 100,000 | $ 0 | 100,000 | D | |||
Stock Option (right to buy) | $ 1.86 | 03/05/2008 | 03/05/2008 | A | 100,000 | (2) | 03/04/2018 | Common Stock | 100,000 | $ 0 | 100,000 | D |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
SMITH MARK L 1450 INFINITE DRIVE LOUISVILLE, CO 80027 |
CFO and Treasurer |
/s/ Laura M. Medina, Attorney-in-Fact | 03/07/2008 | |
**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) | Grant to Reporting Person of a stock option under the Issuer's 2006 Equity Incentive Plan. The option vests in equal monthly installments over 48 months beginning March 5, 2008. The option is exercisable three years following the Reporting Person's termination of service with the Issuer. The option expires ten years after the date of grant. |
(2) | Grant to Reporting Person of a stock option under the Issuer's 2006 Equity Incentive Plan. The option vests in full, subject to the sole discretion of the Issuer's Board of Directors, immediately prior to the consummation of either (a) a strategic alliance or partnership with an unaffiliated third party that relates to the development and commercialization of faropenem or (b) another strategic transaction to which the Issuer is a party. The option is exercisable three years following the Reporting Person's termination of service with the Issuer. The option expires ten years after the date of grant. |