PROSPECTUS SUPPLEMENT NO. 9 | Filed Pursuant to Rule 424(b)(7) | |
(To Prospectus dated May 10, 2007 as supplemented and amended by | Registration Statement No. 333-142820 | |
prospectus supplement no. 1 dated June 13, 2007, | ||
prospectus supplement no. 2 dated July 17, 2007, | ||
prospectus supplement no. 3 dated August 24, 2007, | ||
prospectus supplement no. 4 dated September 27, 2007, | ||
prospectus supplement no. 5 dated October 29, 2007 | ||
prospectus supplement no. 6 dated December 6, 2007, | ||
prospectus supplement no. 7 dated April 18, 2008, | ||
prospectus supplement no. 8 dated May 28, 2008, and | ||
prospectus supplement no. 9 dated July 21, 2008) |
Percentage of | ||||||||||||||||||||
Percentage of | Number of | Shares | ||||||||||||||||||
Number of Shares | Shares | Shares | Beneficially | |||||||||||||||||
Beneficially | Beneficially | Number of Shares | Beneficially | Owned After | ||||||||||||||||
Owned Prior to | Owned Prior to | Offered Pursuant | Owned After | the | ||||||||||||||||
Selling Shareholder | the Offering(1)(2) | the Offering(3) | to this Prospectus | the Offering(4) | Offering(3) | |||||||||||||||
JMG Capital Partners, L.P. (5) |
272,809 | * | 272,809 | 0 | * | |||||||||||||||
JMG Triton Offshore Fund, Ltd. (6) |
113,670 | * | 113,670 | 0 | * |
* | Less than one percent. | |
(1) | Based on information available to us as of November 17, 2008 in Selling Security Holder Notices and Questionnaires delivered by the selling shareholders. | |
(2) | The number of common shares issuable upon the exchange or redemption of the notes assumes exchange of the full amount of notes held by each selling shareholder at the initial exchange rate of 45.4682 shares of our common shares per $1,000 principal amount of notes and a cash payment in lieu of any fractional share, even though we are required to pay the first $1,000 of exchange value in cash. The exchange rate is subject to adjustment in certain events. | |
(3) | Based on a total of 93,925,866 common shares outstanding as of November 14, 2008. | |
(4) | Assumes the selling shareholder sells all of its common shares offered pursuant to this prospectus. | |
(5) | JMG Capital Partners, L.P. (JMG Partners) is a California limited partnership. Its general partner is JMG Capital Management, LLC (the Manager), a Delaware limited liability company and an investment adviser that has voting and dispositive power over JMG Partners investments, including the shares set forth above. The equity interests of the Manager are owned by JMG Capital Management, Inc. (JMG Capital) a California corporation, and Asset Alliance Holding Corp., a Delaware corporation. Jonathan M. Glaser is the Executive Officer and Director of JMG Capital and has sole investment discretion over JMG Partners portfolio holdings. JMG Partners has reported currently having, or previously having, an open short position in our common shares. | |
(6) | JMG Triton Offshore Fund, Ltd. (the Fund) is an international business company organized under the laws of the British Virgin Islands. The Funds investment manager is Pacific Assets Management LLC, a Delaware limited liability Company (the Manager) that has voting and dispositive power over the Funds investments, including the shares set forth above. The equity interests of the Manager are owned by Pacific Capital Management, Inc., a California corporation (Pacific) and Asset Alliance Holding Corp., a Delaware corporation. The equity interests of Pacific are owned by Messrs. Roger Richter, Jonathan M. Glaser and Daniel A. David. Messrs. Glaser and Richter have sole investment discretion over the Funds portfolio holdings. The Fund has reported currently having, or previously having, an open short position in our common shares. |