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
EXABYTE CORP /DE/ [ EXBY ] |
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
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3. Date of Earliest Transaction
(Month/Day/Year) 09/21/2005 | ||||||||||||||||||||||||||
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 | 09/21/2005 | J | 569,908 | A | (1) | 53,066,876 | I(2) | General partner of direct beneficial owners | ||
Common | 10/20/2005 | J | 68,849 | A | (3) | 53,135,725 | I(4) | General partner of direct beneficial owners | ||
Common | 12/01/2005 | J | 163,815(13) | A | (5) | 5,477,386(13) | I(6) | General Partner of direct beneficial owners | ||
Common | 02/16/2006 | J | 21,108 | A | (7) | 5,498,494 | I(8) | General partner of direct beneficial owners | ||
Common | 03/01/2006 | J | 238,473 | A | (9) | 5,736,967 | I(10) | General partner of direct beneficial owners | ||
Common | 03/28/2006 | J | 4,164 | A | (11) | 5,741,131 | I(12) | General partner of direct beneficial owners | ||
Common | 06/01/2006 | J | 441,648 | A | (14) | 6,182,779 | I(15) | General Partner of direct beneficial owners | ||
Common | 06/01/2006 | J | 526,267 | A | (16) | 6,709,046 | I(17) | General Partner of direct beneficial owners | ||
Common | 10/06/2006 | J | 8,703,075 | A | (18) | 15,412,121 | I(19) | General Partner of direct beneficial owners |
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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Explanation of Responses: |
1. Shares were issued as compensation for director services for the Issuer and were issued to investment funds, per a contractual agreement, of which Reporting Person is the general partner. Of such shares, 507,788 were issued to Meritage Private Equity Fund, L.P. |
2. Of such shares, 46,537,160 are directly beneficially owned by Meritage Private Equity Fund, L.P. and are indirectly beneficially owned by the Reporting Person as the general partner. |
3. Shares were issued as compensation for director services for the Issuer and were issued to investment funds, per a contractual agreement, of which Reporting Person is the general partner. Of such shares, 61,345 were issued to Meritage Private Equity Fund, L.P. |
4. Of such shares, 46,598,505 are directly beneficially owned by Meritage Private Equity Fund, L.P. and are indirectly beneficially owned by the Reporting Person as the general partner. |
5. Shares were issued in payment of a dividend on Series AA Preferred Stock held by investment funds of which Reporting Person is the general partner. Of such shares, 143,635 were issued to Meritage Private Equity Fund, L.P. |
6. Of such shares, 4,803,485 are directly beneficially owned by Meritage Private Equity Fund, L.P., 587,288 and are indirectly beneficially owned by the Reporting Person as the general partner. |
7. Shares were issued as compensation for director services for the Issuer and were issued to investment funds, per a contractual agreement, of which Reporting Person is the general partner. Of such shares, 18,808 were issued to Meritage Private Equity Fund, L.P. |
8. Of such shares, 4,822,293 are directly beneficially owned by Meritage Private Equity Fund, L.P. and are indirectly beneficially owned by the Reporting Person as the general partner. |
9. Shares were issued in payment of a dividend on Series AA Preferred Stock held by investment funds of which Reporting Person is the general partner. Of such shares, 209,096 were issued to Meritage Private Equity Fund, L.P. |
10. Of such shares, 5,031,389 are directly beneficially owned by Meritage Private Equity Fund, L.P., 615,151 and are indirectly beneficially owned by the Reporting Person as the general partner. |
11. Shares were issued as compensation for director services for the Issuer and were issued to investment funds, per a contractual agreement, of which Reporting Person is the general partner. Of such shares, 3,708 were issued to Meritage Private Equity Fund, L.P. |
12. Of such shares, 5,035,097 are directly beneficially owned by Meritage Private Equity Fund, L.P. and 615,607 and are indirectly beneficially owned by the Reporting Person as the general partner. |
13. Shares are post reverse stock split. The reverse stock split occurred on October 31, 2005. |
14. Shares were issued in payment of a dividend on Series AA Preferred Stock held by investment funds of which Reporting Person is the general partner. Of such shares, 387,241 were issued to Meritage Private Equity Fund, L.P. |
15. Of such shares, 5,422,338 are directly beneficially owned by Meritage Private Equity Fund, L.P. and are indirectly beneficially owned by the Reporting Person as the general partner. |
16. Shares were issued as interest payment on 10% Secured Convertible Subordinated Notes held by investment funds of which Reporting Person is the general partner. Of such shares, 461,405 were issued to Meritage Private Equity Fund, L.P. |
17. Of such shares,5,883,743 are directly beneficially owned by Meritage Private Equity Fund, L.P., 719,392 and are indirectly beneficially owned by the Reporting Person as the general partner. |
18. Reporting Person converted 15,665.541 shares of Series AA Preferred Stock on October 6, 2006, resulting in the acquisition of 8,703,075 shares of common stock. |
19. Of such shares, 13,514,601 are directly beneficailly owned by Meritage Private Equity Fund, L.P. and are indirectly beneficially owned by the Reporting Person as the general partner. |
Remarks: |
Laura Beller, Managing Member of Meritage Investment Partners LLC, general partner | 10/30/2006 | |
** 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. |