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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 | |
RADICAL HOLDINGS LP 5424 DELOACHE AVENUE DALLAS, TX 75220 |
X | |||
CUBAN MARK PO BOX 12388 DALLAS, TX 75225 |
X |
Mark Cuban, as President of Radical Management LLC, general partner of Radical Holdings LP | 04/05/2010 | |
**Signature of Reporting Person | Date | |
Mark Cuban | 04/05/2010 | |
**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) | Includes 14,563,804 shares of common stock that are issuable upon conversion of 4,392,286 shares of Series A Convertible Preferred Stock and 231,195 shares of common stock that are issuable upon conversion of 69,726 shares of Series B Convertible Preferred Stock. The shares of Series A Convertible Preferred Stock and Series B Convertible Preferred Stock are convertible at any time at the option of Radical Holdings LP, collectively, into 14,794,999 shares of common stock. |
(2) | The reported securities are owned directly by Radical Holdings LP and indirectly by Radical Management LLC, as general partner of Radical Holdings LP, and Mark Cuban, as an indirect owner of Radical Holdings LP and Radical Management LLC. Radical Management LLC and Mr. Cuban disclaim beneficial ownership of the reported securities except to the extent of their respective pecuniary interest therein. |
(3) | Radical Investments LP received 3,020,382 shares of common stock in exchange for the shares of stock it owned of Officeware Corporation pursuant to that certain Stock Exchange Agreement dated December 16, 2009 as amended by that Amendment to the Stock Exchange Agreement dated April 1, 2010 in which Officeware Corporation merged with a wholly-owned subsidiary of Immediatek, Inc. |
(4) | The reported securities are owned directly by Radical Investments LP and indirectly by Radical Investments Management LLC, as general partner of Radical Investments LP, and Mark Cuban, as an indirect owner of Radical Investments LP and Radical Investments Management LLC. Radical Investments Management LLC and Mr. Cuban disclaim beneficial ownership of the reported securities except to the extent of their respective pecuniary interest therein. |
Remarks: This Form 4 is filed jointly by Radical Holdings LP, Radical Management, LLC, the sole general partner of Radical Holdings LP, Radical Investments LP, Radical Investments Management LLC, the sole general partner of Radical Investments LP and Mark Cuban, a limited partner of Radical Holdings LP and Radical Investments LP and member of Radical Management, LLC and Radical Investments Management LLC, as a 10% or greater owner of the issuer. Radical Holdings LP also may be deemed to be a director by virtue of its right to designate the members of the issuer's board of directors. Radical Investments LP is not listed as a Reporting Person only because it is still in the process of obtaining a CIK number. |