-----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, UyG2+aSO1k+/VxR0M3cCNEOiGl7K2+wx7AnSw/yN2CtLpxwJIaA1h1DDkMNMtuxK s8yfJ2nXdndFaRNMoEWh/A== 0001308582-04-000001.txt : 20041123 0001308582-04-000001.hdr.sgml : 20041123 20041123175228 ACCESSION NUMBER: 0001308582-04-000001 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20041119 FILED AS OF DATE: 20041123 DATE AS OF CHANGE: 20041123 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Kiene Allison D CENTRAL INDEX KEY: 0001308582 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-15445 FILM NUMBER: 041164735 BUSINESS ADDRESS: BUSINESS PHONE: 860 676 1222 X117 MAIL ADDRESS: STREET 1: 312 FARMINGTON AVENUE CITY: FARMINGTON STATE: CT ZIP: 06032 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: DRUGMAX INC CENTRAL INDEX KEY: 0000921878 STANDARD INDUSTRIAL CLASSIFICATION: WHOLESALE-DRUGS PROPRIETARIES & DRUGGISTS' SUNDRIES [5122] IRS NUMBER: 341755390 STATE OF INCORPORATION: NV FISCAL YEAR END: 0331 BUSINESS ADDRESS: STREET 1: 12505 STARKEY RD STREET 2: SUITE A CITY: LARGO STATE: FL ZIP: 33773 BUSINESS PHONE: 7275330431 MAIL ADDRESS: STREET 1: 6950 BRYAN DAIRY ROAD CITY: LARGO STATE: FL ZIP: 33777 FORMER COMPANY: FORMER CONFORMED NAME: DRUGMAX COM INC DATE OF NAME CHANGE: 20000208 FORMER COMPANY: FORMER CONFORMED NAME: NUTRICEUTICALS COM CORP DATE OF NAME CHANGE: 19990629 FORMER COMPANY: FORMER CONFORMED NAME: NUMED SURGICAL INC DATE OF NAME CHANGE: 19940419 4 1 primary_doc.xml PRIMARY DOCUMENT X0202 4 2004-11-19 0 0000921878 DRUGMAX INC DMAXD 0001308582 Kiene Allison D 312 FARMINGTON AVENUE FARMINGTON CT 06032 0 1 0 0 VP & General Counsel Common Stock, $.001 2004-11-19 4 A 0 20000 3.7969 A 20000 D Stock Option 0.5695 2004-11-22 4 A 0 31675 0.5695 A 2004-11-22 Common Stock 31675 31675 D The Options are fully vested but may only be exercised upon the earliest of (a) January 4, 2006; (b) the date holder's employment with the Company is terminated other than because of holder's conviction for fraud, misappropriation, or embezzlement; (c) the date holder's employment is terminated by holder for Good Reason (as defined in the option agreement) or terminates as a result of holder's death or disability; or (d) a change in control. If holder's employment is terminated by the participant (other than for Good Reason) prior to January 4, 2006, the Options shall become exercisable upon the earlier of the date the Company satisfies the Net Sales Target (as defined in the option agreement) or the date of holder's death if death occurs prior to the date the 2005 financial statements of the Company are certified by the Company's independent accountants.. The Options shall terminate upon the earliest of (a) the date prior to January 4, 2006 that holder's employment is terminated because of holder's final conviction for fraud, misappropriation, or embezzlement; (b) the date the 2005 audited financial statements of the Company are certified by the Company's independent accountants if (x) prior to January 4, 2006, holder's employment was terminated voluntarily by the Participant (other than for Good Reason), (y) the Net Sales Target was not achieved and (z) holder has not died; or (c) the tenth anniversary of the date of the grant. Julio C. Esquivel, as Attorney-in-Fact for Allison Kiene 2004-11-23 -----END PRIVACY-ENHANCED MESSAGE-----