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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 |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
SCHULER JACK W 10165 MCKELLAR COURT SAN DIEGO, CA 92121 |
X |
Robert J. Bujarski, attorney-in-fact for Jack W. Schuler | 05/29/2009 | |
**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) | The weighted average purchase price for these transactions was $12.3471 per share, with a range of $12.285 to $12.40 per share. Upon request, the Reporting Person hereby undertakes to provide to staff of the U.S. Securities and Exchange Commission, the Issuer, or a security holder, full information regarding the number of shares purchased at each separate price. |
(2) | The shares reported herein were acquired and purchased by trusts for the benefit of the Reporting Person's children. The Reporting Person disclaims all beneficial ownership of these shares. The Reporting Person's beneficial ownership consists of 2,667,228 shares, which excludes 65,000 shares held by the Reporting Person's spouse. The Reporting Person disclaims beneficial ownership of the 65,000 shares owned by his spouse, except to the extent of his pecuniary interest, if any. |
(3) | The weighted average purchase price for these transactions was $12.1441, with a range of $12.02 to $12.33 per share. Upon request, the Reporting Person hereby undertakes to provide to staff of the U.S. Securities and Exchange Commission, the Issuer, or a security holder, full information regarding the number of shares purchased at each separate price. |