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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 | ||||||||
OP Units | (1) | 10/19/2010 | P | 232,593 | (2) | (2) | Common Stock | 232,593 | (1) | 232,593 | I | By MXT Capital, LLC | |||
Restricted OP Units | (3) | 10/19/2010 | A | 150,000 | (4) | (4) | Common Stock | 150,000 | $ 0 | 150,000 | D |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
Hartnett Michael S 2100 REXFORD ROAD SUITE 414 CHARLOTTE, NC 28211 |
X | Co-Chairman and CIO |
/s/ Donald L. Bobbitt Jr., attorney-in-fact | 10/19/2010 | |
**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) | The OP Units (the "Units") are convertible on a one-for-one basis into shares of common stock without payment of additional consideration. MXT Capital, LLC acquired the Units in exchange for the contribution of certain limited partnership interests, real property and other assets having an estimated market value of $2,907,413. |
(2) | The Units are vested as of the date of issuance. The Units have no expiration date. |
(3) | The Restricted OP Units (the "Restricted Units") are convertible on a one-for-one basis into shares of common stock upon lapse of the restrictions. |
(4) | The Restricted Units vest ratably in three equal annual installments beginning on the first anniversary of the date of grant. The Restricted Units have no expiration date. |