-----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, JXGYub0cIERVO6mi9vPhD6lx/GHgdteogT6HAvgEBCJ5G0oOG3FEZAG4YH0xcyVi N5LdISR/RNdJ80nKSSxPOQ== 0001179110-04-010909.txt : 20040519 0001179110-04-010909.hdr.sgml : 20040519 20040519160057 ACCESSION NUMBER: 0001179110-04-010909 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040518 FILED AS OF DATE: 20040519 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: NUVASIVE INC CENTRAL INDEX KEY: 0001142596 STANDARD INDUSTRIAL CLASSIFICATION: SURGICAL & MEDICAL INSTRUMENTS & APPARATUS [3841] IRS NUMBER: 330768598 STATE OF INCORPORATION: DE BUSINESS ADDRESS: STREET 1: 10065 OLD GROVE RD CITY: SAN DIEGO STATE: CA ZIP: 92131 BUSINESS PHONE: 8582717070 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: CAISSE DE DEPOT ET PLACEMENT DU QUEBEC CENTRAL INDEX KEY: 0000898286 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-50744 FILM NUMBER: 04818747 BUSINESS ADDRESS: STREET 1: 1981 AVE MCGILL COLLEGE STREET 2: MONTREAL QUEBEC CITY: CANADA STATE: E6 ZIP: H3A3C7 BUSINESS PHONE: 5148472130 4 1 edgar.xml FORM 4 - X0202 4 2004-05-18 1 0001142596 NUVASIVE INC NUVA 0000898286 CAISSE DE DEPOT ET PLACEMENT DU QUEBEC 1000, PLACE JEAN-PAUL-RIOPELLE MONTREAL A8 H2Z 2B3 0 0 1 0 Series D Preferred Stock 2004-05-18 4 C 0 2766799 D 0 D Common Stock 2004-05-18 4 C 0 1106720 A 0 D Series D-1 Preferred Stock 2004-05-18 4 C 0 1627738 D 0 D Common Stock 2004-05-18 4 C 0 651095 A 0 D Common Stock 2004-05-18 4 C 0 199821 A 0 D Common Stock 2004-05-18 4 C 0 16485 A 0 D Common Stock 2004-05-18 4 C 0 45820 A 2024941 D Warrant (Right to Buy Common Stock) .63 2004-05-18 4 X 0 211858 .63 D 2003-06-13 2009-07-11 Common Stock 211858 0 D Warrant (Right to Buy Common Stock) .63 2004-05-18 4 X 0 17478 .63 D 2003-06-13 2009-07-11 Common Stock 17478 0 D Warrant (Right to Buy Common Stock) .63 2004-05-18 4 X 0 48580 .63 D 2003-06-19 2010-06-19 Common Stock 48580 0 D Per SEC Instruction, column left blank. The reported shares of Series D Preferred Stock were converted to Common Stock based on a conversion ratio of 0.4 shares of Common Stock per share of Series D Preferred Stock. The reported shares of Series D-1 Preferred Stock were converted to Common Stock based on a conversion ratio of 0.4 shares of Common Stock per share of Series D-1 Preferred Stock. The warrant was exercised upon the closing of the initial public offering of Common Stock of the Issuer through a net exercise feature at the initial public offering price of $11.00 into 199,821 shares of Common Stock. The warrant was exercised upon the closing of the initial public offering of Common Stock of the Issuer through a net exercise feature at the initial public offering price of $11.00 into 16,485 shares of Common Stock. The warrant was exercised upon the closing of the initial public offering of Common Stock of the Issuer through a net exercise feature at the initial public offering price of $11.00 into 45,820 shares of Common Stock. /s/ Kevin O'Boyle, Attorney-in-fact 2004-05-19 EX-24 2 ex24caisse.txt POA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints Alexis V. Lukianov and Kevin C. O'Boyle, and each of them individually, his true and lawful attorney-in- fact to: (1) execute for and on behalf of the undersigned, in the undersigned's capacity as an officer, director and/or 10% or greater stockholder of NuVasive, Inc. (the "Company"), any and all Form 3, 4 and 5 reports required to be filed by the undersigned in accordance with Section 16(a) of the Securities Exchange Act of 1934, as amended, and the rules thereunder; (2) 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 report and timely file such report with the United States Securities and Exchange Commission and any stock exchange or similar authority; and (3) 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 best 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 discretion. The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform each 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 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 no such attorney-in-fact, in serving in such capacity at the request of the undersigned, is hereby assuming, nor is the Company hereby assuming, any of the undersigned's responsibilities to comply with Section 16 of the Securities Exchange Act of 1934, as amended. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Form 3, 4 and 5 reports with respect to the undersigned's holdings of and transactions in securities issued by the Company, 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 11th day of May, 2004. /s/ Ginette Depelteau Signature Ginette Depelteau Print Name /s/ Normand Provost Signature Normand Provost Print Name -----END PRIVACY-ENHANCED MESSAGE-----