CUSIP No. 834156101
Item 1.
This Amendment No. 4 to Schedule 13D (this "Amendment No. 4") amends
and restates, where indicated, the statement on Schedule 13D relating to the
Common Stock of the Issuer filed by The Quercus Trust, David Gelbaum and Monica
Chavez Gelbaum (the "Reporting Persons") with the Securities and Exchange
Commission (the "SEC") on January 28, 2008 (the "Initial Schedule 13D") and
prior amendments thereto (collectively, the "Prior Schedules"). Capitalized
terms used in this Amendment No. 4 but not otherwise defined herein have the
meanings given to them in the Prior Schedules. Except as otherwise set forth
herein, this Amendment No. 4 does not modify any of the information previously
reported by the Reporting Persons in the Prior Schedules.
Item 4. Purpose of Transaction
This Amendment No.4 is being made to disclose that the board of
directors of the Issuer (the "Board") did not accept the proposal (the "Summary
of Terms") presented to the Board by the Reporting Persons on October 30, 2009
(see Amendment No. 3 filed with the SEC on November 3, 2009 for a detailed
description of the Summary of Terms). The Reporting Persons continue to seek the
objective set forth in the Summary of Terms but have not made any further
proposals to the Board at this time. However, the Reporting Persons reserve the
right to formulate and effect plans and proposals which could result in the
occurrence of any other actions specified in clauses (a) through (j) of Item 4
of Schedule 13D, subject to applicable laws and regulations, including without
limitation the actions of the Reporting Persons described in the Prior
Schedules.
Item 5. Interest in Securities of the Issuer
(a) Due to clerical and record keeping oversight, the Reporting Persons
were unable to report their ownership of additional 1,00,000 shares of Common
Stock acquired in connection with their private investment in the Issuer on
January 14, 2008, as disclosed in the Initial Schedule 13D. In addition to the
disclosure contained in Item 4, this Amendment No. 4 is being made to correct
the oversight and disclose an accurate breakdown of the Reporting Persons'
beneficial ownership of the Issuer, which is as follows:
(i) 22,604,936 shares of Common Stock, accounting for 19.9% of
the total outstanding shares of Common Stock as reported by the Issuer on its
Form 10-Q filed with the SEC on 5/15/09;
(ii) Series A Note in the aggregate principal amount of
$2,397,700 with a conversion price of $0.69 per share and maturity date of
3/7/2010;
(iii) Series B Note in the aggregate principal amount of
$6,538,154 with a conversion price of $0.57 per share and maturity date of
3/7/2010;
(iv) Series A Warrants to purchase up to 4,347,826 shares of
Common Stock at an exercise price of $1.21 per share
(v) Series B Warrants to purchase up to 13,090,261 shares of
Common Stock at an exercise price of $0.90 per share; and
(vi) Series C Warrants to purchase up to 22,151,136 shares of
Common Stock at an exercise price of $1.00 per share (securities of the
Reporting Persons set forth in subsections (ii) through (vi), collectively, the
"Derivative Securities").
As of the date of filing of this Amendment No. 4, with respect
to the above described Series A Note, Series B Note, Series A Warrants and
Series B Warrants, the Reporting Persons are prohibited from converting or
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