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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 | ||||||||
Warrant to Purchase Common Stock | $ 0.0032 | 08/17/2006 | J(1)(2)(3)(4) | 171,147 | 08/17/2006 | 11/17/2014 | common stock | 171,147 | $ 0 | 513,441 | I | By fund through escrow (1) (2) (3) (4) |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
Pacala Mark L C/O ESSEX WOODLANDS HEALTH VENTURES 10001 WOODLOCK FOREST DRIVE, SUITE 175 THE WOODLANDS, TX 77380 |
X | X | ||
ESSEX WOODLANDS HEALTH VENTURES FUND V LP C/O ESSEX WOODLANDS HEALTH VENTURES 10001 WOODLOCK FOREST DRIVE, SUITE 175 THE WOODLANDS, TX 77380 |
X | |||
ESSEX WOODLANDS HEALTH VENTURES FUND IV L P C/O ESSEX WOODLANDS HEALTH VENTURES 10001 WOODLOCK FOREST DRIVE, SUITE 175 THE WOODLANDS, TX 77380 |
X |
/s/ Mark L. Pacala | 08/17/2006 | |
**Signature of Reporting Person | Date | |
By: Essex Woodlands Health Ventures V, L.L.C., its General Partner, by /s/ Mark Pacala, Manager | 05/17/2006 | |
**Signature of Reporting Person | Date | |
By: Essex Woodlands Health Ventures IV, L.L.C., its General Partner, by /s/ Mark Pacala, Manager | 05/17/2006 | |
**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) | Shares are beneficially owned by Essex Woodlands Health Ventures Fund V, L.P. Represents shares held in escrow for the benefit of former stockholders of CCS Consolidated, Inc. whose shares were converted into shares of the Issuer as a result of a merger between CCS Consolidated, Inc. and the Issuer. The Reporting Persons previously reported the ownership of 746,485 shares of the Issuer's common stock on a Form 3 filed on February 6, 2006, which represented the minimum number of shares issuable to Essex Woodlands Health Ventures Fund V, L.P. upon termination of the escrow arrangement and liquidation of the escrow account as of such date. Essex Woodlands Health Ventures Fund V, L.P. holds a warrant which entitles it to purchase additional shares currently held in the escrow account, subject to the terms thereof. |
(2) | On February 17, 2006, the warrant became partially exercisable, and on February 22, 2006, the Reporting Persons filed a Form 4 reporting the acquisition of 171,147 shares of the Issuer's common stock underlying such warrant. On May 17, 2006, the warrant became exercisable for an additional number of shares and on May 19, 2006, the Reporting Persons filed a Form 4 reporting the acquisition of an additional 171,147 shares. On August 17, 2006, the warrant became exercisable for an additional number of shares. The shares reported herein represent an increase in the minimum number of shares issuable to Essex Woodlands Health Ventures Fund V, L.P. upon termination of the escrow agreement, assuming that the warrant is exercised as to the number of shares for which the warrant is currently exercisable. |
(3) | Mark L. Pacala, one of Issuer's directors, is a manager of Essex Woodlands Health Ventures V, L.L.C, the general partner of Essex Woodlands Health Ventures Fund V, L.P., and therefore may be deemed to beneficially own the securities owned by Essex Woodlands Health Venture Fund V, L.P. Mr. Pacala disclaim beneficial ownership of the reported securities herein except to the extent of his pecuniary interest therein. |
(4) | To the extent the warrant becomes exercisable for additional shares after the date of this Form 4, the Reporting Persons will file an additional Form 4 reflecting the acquisition of a deriviate security. |