-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, VW7QnJPrJWov22Az3vBxbGd8Q9X+ileeb45WLkr+6Ks9I6G+3C6MudOODsR7yA5c Jw/0F/snI5rSgC5+i0kY+w== 0001104659-06-007400.txt : 20060209 0001104659-06-007400.hdr.sgml : 20060209 20060209162424 ACCESSION NUMBER: 0001104659-06-007400 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20060209 FILED AS OF DATE: 20060209 DATE AS OF CHANGE: 20060209 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: PHILLIPS BARCLAY A CENTRAL INDEX KEY: 0001265801 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 000-50513 FILM NUMBER: 06593359 MAIL ADDRESS: STREET 1: C/O CANCER VAX CORP STREET 2: 2110 RUTHERFORD ROAD CITY: CARLSBAD STATE: CA ZIP: 92008 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: ACORDA THERAPEUTICS INC CENTRAL INDEX KEY: 0001008848 STANDARD INDUSTRIAL CLASSIFICATION: BIOLOGICAL PRODUCTS (NO DIAGNOSTIC SUBSTANCES) [2836] IRS NUMBER: 000000000 BUSINESS ADDRESS: STREET 1: 15 SKYLINE DRIVE CITY: HAWTHORNE STATE: NY ZIP: 10532 BUSINESS PHONE: 914-347-4300 3 1 a3.xml 3 X0202 3 2006-02-09 0 0001008848 ACORDA THERAPEUTICS INC ACOR 0001265801 PHILLIPS BARCLAY A C/O ACORDA THERAPEUTICS, INC. 15 SKYLINE DRIVE HAWTHORNE NY 10532 1 0 0 0 Series E-1 Convertible Preferred Stock 13.806 Common Stock 53640 I See Footnotes Series E-1 Convertible Preferred Stock 13.806 Common Stock 17880 I See Footnotes Series E-2 Convertible Preferred Stock 13.806 Common Stock 163700 I See Footnotes Series E-2 Convertible Preferred Stock 13.806 Common Stock 54566 I See Footnotes Series H Convertible Preferred Stock 15.3348 Common Stock 24453 I See Footnotes Series H Convertible Preferred Stock 15.3348 Common Stock 8150 I See Footnotes Series I Convertible Preferred Stock 17.1132 Common Stock 67945 I See Footnotes Series I Convertible Preferred Stock 17.1132 Common Stock 22647 I See Footnotes Series J Convertible Preferred Stock 7.644 Common Stock 98116 I See Footnotes Series J Convertible Preferred Stock 7.644 Common Stock 32704 I See Footnotes The convertible preferred stock is convertible at any time, at the holder's discretion, and has no expiration date. The number of shares underlying convertible preferred stock in column 3 of Table II represents the number of shares of Common Stock of the Issuer that the convertible preferred stock will automatically convert into upon the closing of the Issuer's initial public offering. These shares are held by Vector Later-Stage Equity Fund II (QP), L.P. ("Vector QP"). According to information provided by Vector QP, Mr. Phillips could be deemed to have shared voting and dispositive power with respect to the shares of stock held by Vector QP. However, Mr. Phillips disclaims beneficial ownership except to the extent of his indirect pecuniary interest therein, and this report shall not be deemed to be an admission that he is the beneficial owner of these securities for purposes of Section 16. These shares are held by Vector Later-Stage Equity Fund II, L.P. ("Vector"). According to information provided by Vector, Mr. Phillips could be deemed to have shared voting and dispositive power with respect to the shares of stock held by Vector. However, Mr. Phillips disclaims beneficial ownership except to the extent of his indirect pecuniary interest therein, and this report shall not be deemed to be an admission that he is the beneficial owner of these securities for purposes of Section 16. Exhibit List - Exhibit 24 - Power of Attorney /s/ Michelle Meyers, by power of attorney 2006-02-09 EX-24 2 ex-24.htm EX-24

Exhibit 24

 

POWER OF ATTORNEY

 

For Executing Forms 3, 4 and 5

 

Know all by these presents, that the undersigned hereby constitutes and appoints each of Ron Cohen, Jane Wasman, David Lawrence and Michelle Meyers, or any of them acting singly, and with full power of substitution, the undersigned’s true and lawful attorney-in-fact to:

 

1.                                       prepare, execute in the undersigned’s name and on the undersigned’s behalf, and submit to the Securities and Exchange Commission (the “SEC”), a Form ID, including any amendments thereto, and any other documents necessary or appropriate to obtain codes and passwords enabling the undersigned to make electronic filings with the SEC of reports required by Section 16(a) of the Securities Exchange Act of 1934 or any rule or regulation of the SEC;

 

2.                                       prepare, execute in the undersigned’s name and on the undersigned’s behalf, and submit to the SEC, Forms 3, 4 and 5, and any amendments thereto, in accordance with Section 16(a) of the Securities Exchange Act of 1934 and the rules thereunder;

 

3.                                       do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form 3, 4 or 5, complete and execute any amendment or amendments thereto, and file such form with the SEC and any stock exchange or similar authority; and

 

4.                                       take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in his/her discretion.

 

The undersigned hereby grants to each attorney-in-fact full power and authority to do and perform all and every act and thing whatsoever requisite, necessary and proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or his/her substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted.  The undersigned acknowledges that the foregoing attorneys-in-fact, in serving in such capacity at the request of the undersigned, are not assuming, nor is Acorda Therapeutics, Inc. assuming, any of the undersigned’s responsibilities to comply with Section 16(a) of the Securities Exchange Act of 1934.

 

This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4 and 5 with respect to the undersigned’s holdings of and transactions in securities issued by Acorda Therapeutics, Inc., unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact.

 


 

IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 6th day of February, 2006.

 

 

 

/s/ Barclay A. Phillips

 

 

Signature

 

 

 

 

 

Barclay A. Phillips

 

 

Print Name

 

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