FORM 4 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934 or Section 30(h) of the Investment Company Act of 1940 |
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Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b). |
1. Name and Address of Reporting Person*
(Street)
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2. Issuer Name and Ticker or Trading Symbol
ACUSPHERE INC [ acus ] |
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
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3. Date of Earliest Transaction
(Month/Day/Year) 04/01/2004 | ||||||||||||||||||||||||||
4. If Amendment, Date of Original Filed
(Month/Day/Year) |
6. Individual or Joint/Group Filing (Check Applicable Line)
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Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned | ||||||||||
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1. Title of Security (Instr. 3) | 2. Transaction Date (Month/Day/Year) | 2A. Deemed Execution Date, if any (Month/Day/Year) | 3. Transaction Code (Instr. 8) | 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) | 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) | 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 7. Nature of Indirect Beneficial Ownership (Instr. 4) | |||
Code | V | Amount | (A) or (D) | Price | ||||||
Common stock | 1,314,146 | D | ||||||||
Common stock | 146,016 | I | By Banc of America Partners II(1) | |||||||
Common stock | 04/01/2004 | J(2) | 452,414 | A | $0(2) | 452,414 | I | By BancBoston Ventures Inc.(3) | ||
Common stock | 04/05/2004 | J(4) | 6,521 | A | $0(5) | 6,521 | I | By Bank of America Capital Corporation(5) |
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities) | |||||||||||||||
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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 Securities Underlying Derivative Security (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: Direct (D) or Indirect (I) (Instr. 4) | 11. Nature of Indirect Beneficial Ownership (Instr. 4) | ||||
Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares |
1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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Explanation of Responses: |
1. Held by BA Venture Partners II, with which the Reporting Persons have an employment releationship. The Reporting Persons disclaim beneficial ownership of such securities. |
2. On April 1, 2004, Bank of America Corporation, one of the Reporting Persons, merged with FleetBoston Financial Corporation. As a result of such merger, Bank of America corporation may be deemed to have a pecuniary interest in shares of the Issuer held by BancBoston Ventures, Inc., an indirect wholly-owned subsidiary of FleetBoston Financial Corporation. The Reporting Persons disclaim beneficial ownership of such securities. |
3. Held by BancBoston Ventures, Inc. The Reporting Persons disclaim beneficial ownership of such securities. |
4. On April 5, 2004, these securities were distributed to Bank of America Capital Corporation, an affiliate of Reporting Persons. Such shares were distributed (for no additional consideration) to Bank of America Capital Corporation by the general partner of a limited partnership of which Bank of America Capital Corporation is a limited partner. |
5. Held by Bank of America Capital Corporation. The Reporting Persons disclaim beneficial ownership of such securities. |
/s/ Kate Mitchell, By: Kate Mitchell, President and Managing Director, Bank of America Ventures | 04/05/2004 | |
/s/ Charles S. Bowman, By: Charles S. Bowman, Senior Vice President, Bank of America Corporation | 04/05/2004 | |
/s/ Charles S. Bowman, By: Charles S. Bowman, Senior Vice President, Bank of America, N.A. | 04/05/2004 | |
/s/ Charles S. Bowman, By: Charles S. Bowman, Senior Vice President, NB Holdings Corporation | 04/05/2004 | |
** Signature of Reporting Person | Date | |
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | ||
* 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). | ||
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. | ||
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 Number. |