Based on our evaluation under the framework in Internal ControlIntegrated Framework, our
Chief Executive Officer and Chief Financial Officer concluded that internal control over financial
reporting was effective as of December 31, 2009.
This annual report does not include an attestation report of our independent registered public
accounting firm regarding internal control over financial reporting. Managements report was not
subject to attestation by our independent registered public accounting firm pursuant to temporary
rules of the Securities and Exchange Commission that permit us to provide only managements report
in this annual report.
Item 9b. Other Information
None.
PART III
Item 10. Directors and Executive Officers of the Registrant
Reference is made to the information to be set forth in the section entitled Board of
Directors and Committees of the Board in the definitive proxy statement in connection with our
Annual Meeting of Shareholders (the Proxy Statement), which section is incorporated herein by
reference. Our Proxy Statement will be filed with the Securities and Exchange Commission not later
than 120 days after the last day of our fiscal year ended December 31, 2009.
Item 11. Executive Compensation
Information required by Part III, Item 11, will be included in the section entitled Executive
Compensation of our Proxy Statement relating to our annual meeting of shareholders and is
incorporated herein by reference.
Item 12. Security Ownership of Certain Beneficial Owners and Management and Related Shareholder
Matters
Information required by Part III, Item 12, will be included in the Sections entitled Election
of Directors and Security Ownership of Certain Beneficial Owners and Management of our Proxy
Statement relating to our annual meeting of shareholders and is incorporated herein by reference.
The following table summarizes information with respect to equity compensation plans under
which equity securities of the registrant are authorized for issuance as of December 31, 2009:
| |
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
Number of securities |
|
|
Weighted-average |
|
|
Number of |
|
| |
|
to be issued upon |
|
|
exercise price of |
|
|
securities |
|
| |
|
exercise of |
|
|
outstanding |
|
|
remaining |
|
| |
|
outstanding options |
|
|
options and |
|
|
available for |
|
| Plan category (1) |
|
and warrants |
|
|
warrants |
|
|
future issuance |
|
Equity
compensation plans
approved by security
holders |
|
|
1,666,258 |
|
|
$ |
4.77 |
|
|
|
1,297,965 |
|
Equity compensation
plans not approved
by security holders |
|
|
91,022 |
|
|
$ |
4.28 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
|
1,757,280 |
|
|
|
|
|
|
|
1,297,965 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| (1) |
|
See Note 5 to the Consolidated Financial Statements for more detailed information
regarding the registrants equity compensation plans. |
Item 13. Certain Relationship and Related Transactions
Information regarding certain of our relationships and related transactions will be included
in the section entitled Certain Relationship and Related Transactions of our Proxy Statement
relating to our annual meeting of shareholders and is incorporated herein by reference.
76