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SEC Filings
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Section 16 Filings Only
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CUSIP No. 66986X 10 6
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13D
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Page 12 of 15 Pages
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(h)
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Causing a class of securities of the Issuer to be delisted from a national securities exchange or to cease to be authorized to be quoted in an inter-dealer quotation system of a registered national securities association;
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(i)
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A class of equity securities of the Issuer becoming eligible for termination of registration pursuant to Section 12(g)(4) of the Securities Exchange Act of 1934; or
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(j)
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Any action similar to any of those enumerated above.
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Item 5. Interest in Securities of the Issuer.
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As of the date hereof and as more fully described in Item 3 above, the Reporting Persons may be deemed to be the direct and indirect beneficial owners of an aggregate of 34,650,709 shares of Common Stock and 12,462,717 currently exercisable warrant shares, over all of which securities they have shared voting and shared dispositive power.
The 47,113,426 shares of Common Stock beneficially owned by the Reporting Persons represent 42.4% of the issued and outstanding shares of Common Stock based on 98,681,029 shares of Common Stock outstanding as of November 10, 2010 based on 98,383,458 shares of Common Stock outstanding as of November 1, 2010 as set forth by the Issuer in its Quarterly Report on Form 10-Q filed with the SEC on November 12, 2010 plus 297,571 shares issued to the Reporting Persons in the transactions described herein. Of such 47,113,426 shares, 15,299,576, or 14.8%, are beneficially owned by Investments II; 193,233, or .2%, are beneficially owned by Advisors Fund; 15,492,809, or 15.0%, are beneficially owned by Associates II; 31,620,617, or 29.6%, are beneficially owned by each of Investments III and Associates III; and 47,113,426, or 42.4%, are beneficially owned by each of Moorin and Schreiber.
The following sets forth certain information regarding all transactions in the Common Stock that were effected by the Reporting Persons during the past sixty days:
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Entity
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Date
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Warrants Disposed of
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Shares Acquired
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Price Per Security
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Where and How Effected
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Investments II
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9/30/2010
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1,616,162
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--
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--
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Expiration of Series B Warrants
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Investments II
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11/10/2010
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281,030
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59,953
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*
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Exercise of Warrants
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Advisors Fund
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11/10/2010
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6,763
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1,442
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*
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Exercise of Warrants
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Associates II
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11/10/2010
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287,793
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61,395
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*
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Exercise of Warrants
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Investments III
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11/10/2010
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1,107,078
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236,176
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*
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Exercise of Warrants
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Associates III
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11/10/2010
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1,107,078
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236,176
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*
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Exercise of Warrants
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Moorin
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11/10/2010
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1,394,871
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297,571
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*
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Exercise of Warrants
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