SEC NEWS DIGEST Issue 2007-100 May 24, 2007 COMMISSION ANNOUNCEMENTS SEC APPROVES NEW GUIDANCE FOR COMPLIANCE WITH SECTION 404 OF SARBANES- OXLEY On May 23, the Commission unanimously approved interpretive guidance to help public companies strengthen their internal control over financial reporting while reducing unnecessary costs, particularly at smaller companies. The new guidance will enhance compliance under Section 404 of the Sarbanes-Oxley Act of 2002 by focusing company management on the internal controls that best protect against the risk of a material financial misstatement. "Congress never intended that the 404 process should become inflexible, burdensome, and wasteful. The objective of Section 404 is to provide meaningful disclosure to investors about the effectiveness of a company's internal controls systems, without creating unnecessary compliance burdens or wasting shareholder resources," said SEC Chairman Christopher Cox. "With the Commission's new interpretive guidance for management on the evaluation and assessment of its internal controls over financial reporting, companies of all sizes will be able to scale and tailor their evaluation procedures according to the facts and circumstances. And investors will benefit from reduced compliance costs." "Our guidance enables companies of all sizes to focus on what truly matters to the integrity of the financial statements - risk and materiality," said Conrad Hewitt, Chief Accountant. "Providing management with its own guidance for evaluating internal control over financial reporting will ensure an appropriate balance between management's evaluation process and the audit process. While the guidance is intended to help public companies of all sizes, smaller companies, which will begin complying with Section 404 this year, should benefit from its scalability and flexibility. We have also worked closely with the PCAOB to better align our interpretative guidance and the PCAOB's proposed auditing standard, which the PCAOB will consider for adoption tomorrow." "As investors have made clear, Section 404 serves a critically important role in fostering the reliability of financial statements upon which investors and our markets depend. The guidance issued today achieves a significant step in the roadmap the Commission laid out a year ago for improving the implementation of Section 404 for public companies of all sizes and their investors alike," said John W. White, Director of the SEC's Division of Corporation Finance. "The Commission and its staff have been focused on improving Section 404 implementation for some time, and our efforts have been considerably aided by the public comment process and helpful insights and suggestions that various interested persons have provided us. The Commission's interpretive guidance should reduce uncertainty about what constitutes a reasonable approach to management's evaluation while maintaining flexibility for companies that have already developed their own assessment procedures and tools that serve the company and its investors well. Companies will be able to continue using their existing procedures if they choose, provided of course that those meet the standards of Section 404 and our rules." The Commission also approved rule amendments providing that a company that performs an evaluation of internal control in accordance with the interpretive guidance satisfies the annual evaluation required by Exchange Act Rules 13a-15 and 15d-15. The Commission also amended its rules to define the term "material weakness" as "a deficiency, or combination of deficiencies, in internal control over financial reporting, such that there is a reasonable possibility that a material misstatement of the company's annual or interim financial statements will not be prevented or detected on a timely basis." The Commission also voted to revise the requirements regarding the auditor's attestation report on the effectiveness of internal control over financial reporting to more clearly convey that the auditor is not evaluating management's evaluation process but is opining directly on internal control over financial reporting. The effective date of the interpretive guidance and adopted rules will be 30 days from their publication in the Federal Register. The full text of the interpretive guidance and rules will be posted to the SEC Web site as soon as possible. The new auditing standard will be subject to Commission approval in the coming months after its adoption by the PCAOB and, if approved, is expected to be effective no later than for calendar year 2007 audits, with early adoption encouraged. (Press Rel. 2007-101) PROPOSED MODERNIZATION OF SMALLER COMPANY CAPITAL-RAISING AND DISCLOSURE REQUIREMENTS On May 23, the Commission proposed a series of six measures to modernize and improve its capital raising and reporting requirements for smaller companies. Many of the proposals address key recommendations made by the SEC's Advisory Committee on Smaller Public Companies in its final report. They include: * A new system of securities regulation for smaller public companies that would make scaled regulation available to a much larger group of smaller public companies; * Modified eligibility requirements so companies with a public float below $75 million can take advantage of the benefits of shelf registration; * A new exemption from Securities Act registration requirements for sales of securities to a newly defined category of "qualified purchasers" in which limited advertising would be permitted; * Shortened holding periods under Securities Act Rule 144 for restricted securities to reduce the cost of capital and to increase access to capital; * New exemptions for compensatory employee stock options so Exchange Act registration requirements would not be triggered solely by a company's compensation decisions; and * Electronic filing of the form filed by companies making private or limited offerings to ease burdens for filers and make the information filed more readily available. "This focus on capital formation and the removal of obstacles to the growth of smaller companies goes hand-in-hand with our responsibility to protect investors," said SEC Chairman Christopher Cox. "It's investors who are injured and whose money is lost when the small businesses in which they invest can't get affordable access to new capital." "As we all recognize, smaller companies are critical players for our capital markets and for the U.S. economy more broadly. By proposing to rationalize the regulations that apply to capital raising and public reporting by smaller companies, as well as by adopting guidance for management evaluations of internal control under SOX 404 in an earlier action today, the Commission has again confirmed its commitment to the health and robustness of this important segment of our markets," said John W. White, Director of the SEC's Division of Corporation Finance. "Companies of all sizes will be able to benefit from the proposed revisions and updates to Rule 144 which should enhance the ease and efficiency with which public companies access the private markets." Additional information about each of the proposals: Smaller Reporting Company Regulatory Relief and Simplification The proposed amendments would: * expand eligibility for the Commission's scaled disclosure and reporting requirements for smaller companies by making the scaled requirements available to all companies with up to $75 million in public float; * simplify the Commission's disclosure and reporting requirements for smaller companies eligible to use them-small business issuers and non-accelerated filers-by combining for most purposes the current two categories of smaller companies into one category called "smaller reporting companies;" * simplify the Commission's disclosure and reporting requirements for smaller reporting companies by integrating current Regulation S B disclosure requirements for smaller companies into the disclosure requirements of Regulation S K; and * rescind the Commission's "SB" forms for smaller companies. Revisions to the Eligibility Requirements for Primary Securities Offerings on Forms S-3 and F-3 The proposed amendments to Form S-3 and Form F-3 would revise the eligibility requirements of those forms to allow companies that do not meet the current public float requirements of the forms to nevertheless register primary offerings of their securities, subject to a restriction on the amount of securities those companies may sell pursuant to the expanded eligibility standard in any one-year period. The amendments are intended to allow smaller public companies that have been timely filing their reports for at least one year to benefit from the greater flexibility and efficiency in accessing the public securities markets afforded by Form S-3 and Form F-3. Specifically, companies with less than $75 million in public float would be able to register primary offerings of their securities on Form S-3 or F-3, provided such companies: * do not sell more than the equivalent of 20% of their public float in primary offerings registered on Form S-3 or Form F-3, as applicable, over any one-year period; * meet the other eligibility conditions for the use of Form S-3 or Form F-3, as applicable; and * are not "shell companies" and have not been shell companies for at least 12 months before filing the registration statement. Exemption of Compensatory Employee Stock Options from Registration under Section 12(g) of the Exchange Act The Commission is proposing two amendments to Exchange Act Rule 12h-1. These amendments would: * Provide an exemption for private non-reporting issuers from Exchange Act Section 12(g) registration for compensatory employee stock options issued under employee stock option plans; and * Provide an exemption from Section 12(g) registration for compensatory employee stock options issued by issuers that have registered under Section 12 of the Exchange Act the class of securities underlying the compensatory stock options. New Regulation D Limited Offering Exemption The proposed amendments would: * Establish a new exemption from the Securities Act registration provisions in new Rule 507 of Regulation D for sales of securities to a new category of qualified purchasers, "Rule 507 qualified purchasers," with respect to which the issuer could engage in limited advertising; * Add an investments-owned standard to the current total assets and net worth standards under which investors can qualify as "accredited" in other Regulation D offerings; * Provide for adjustments to the definition of "accredited investor" in Regulation D to account for inflation, with the first adjustments to occur in five years; * Shorten the integration safe harbor in Regulation D from six months to 90 days; and * Apply uniform, updated disqualification provisions to all offerings under Regulation D. Electronic Filing of Form D The proposed amendments would: * Mandate the electronic filing of the information required by Form D using a new online filing system that would be accessible using the Internet and that would automatically capture and tag data items; * Revise and update the Form D information requirements; and * Simplify and restructure Form D. Revisions to Securities Act Rules 144 and 145 The proposed amendments to Rule 144 would: * Shorten the holding period for restricted securities of reporting companies to six months and reintroduce a provision that tolls the holding period for up to six months while the security holder is engaged in certain hedging transactions; * Substantially simplify compliance by allowing resale of restricted securities by non-affiliates of reporting companies after satisfying a six-month holding period (up to 12 months if there is hedging) and by non-affiliates of non-reporting companies after satisfying a 12-month holding period - with no additional requirements; * For affiliates' sales, raise the thresholds that trigger Form 144 filing requirements and also eliminate the manner of sale limitations with respect to debt securities; * Simplify and streamline the Preliminary Note to and other parts of Rule 144; and * Codify certain staff interpretations relating to Rule 144. In addition, the Commission solicits comment on whether to permit affiliates of issuers that are subject to the filing requirements of Section 16 of the Exchange Act to satisfy their Form 144 filing requirements instead by timely filing a Form 4. The proposed amendments to Rule 145 would: * Eliminate the presumptive underwriter provision except with regards to transactions involving blank check or shell companies; and * Revise the resale provisions of Rule 145(d). Comments on these proposals should be received by the Commission within 60 days of their publication in the Federal Register. (Press Rel. 2007-102) SEC VOTES TO ADOPT FINAL RULES TO IMPLEMENT THE CREDIT RATING AGENCY REFORM ACT OF 2006 On May 23, the Commission voted to adopt final rules to implement provisions of the Credit Rating Agency Reform Act of 2006 (Public Law No. 109-291), which was enacted on Sept. 29, 2006. The Credit Rating Agency Reform Act defines the term "nationally recognized statistical rating organization" (NRSRO), provides authority for the Commission to implement registration, recordkeeping, financial reporting, and oversight rules with respect to registered credit rating agencies, and directs the Commission to issue final rules no later than 270 days after its enactment (or by June 26, 2007). "The goal of this new law is to improve credit ratings quality by fostering competition, accountability, and transparency in the credit rating industry," said SEC Chairman Christopher Cox. "The heart of the Act calls on the Commission to replace the barriers to entry that had previously existed. The replacement is a transparent and voluntary Commission registration system that favors no particular business model." * Rule 17g-1 will require a credit rating agency to apply to the Commission for registration as an NRSRO and, if approved, to provide updated information (when certain information provided becomes materially inaccurate) and an annual certification on Form NRSRO. The credit rating agency will be required to provide information on Form NRSRO such as the classes of credit ratings for which it is applying to be registered; credit ratings performance measurement statistics; a general description of its procedures and methodologies for determining credit ratings; organizational structure; procedures to prevent the misuse of material nonpublic information; conflicts of interest; procedures to address and manage conflicts of interest; a description of the minimum qualifications of its credit analysts and credit analyst supervisors; and information regarding the designated compliance officer. The credit rating agency also will be required to provide certifications from qualified institutional buyers; a list of its largest customers; audited financial statements; and certain summary financial information. An applicant may request that the Commission keep this information confidential. The Commission will keep this information confidential to the extent permitted by law. * Rule 17g-2 will require an NRSRO to make and retain certain records relating to its business as a credit rating agency. The rule also will prescribe the time periods and manner in which the records must be maintained. * Rule 17g-3 will require NRSROs to furnish the Commission, on a confidential basis, certain financial reports, on an annual basis, including audited financial statements. In addition to the audited financial statements, the rule also will require NRSROs to furnish separate unaudited financial reports that will assist the Commission in carrying out its statutory responsibilities under the Credit Rating Agency Reform Act. * Rule 17g-4 will require an NRSRO to have written policies and procedures reasonably designed to prevent: (1) the inappropriate dissemination within and outside the NRSRO of material nonpublic information obtained in connection with the performance of credit rating services; (2) a person within the NRSRO from purchasing, selling, or otherwise benefiting from any transaction in securities or money market instruments when the person is in possession of material nonpublic information obtained in connection with the performance of credit rating services that affects the securities or money market instruments; and (3) the inappropriate dissemination within and outside the NRSRO of a pending credit rating action before issuing the credit rating. * Rule 17g-5 will require an NRSRO to disclose and manage those conflicts of interest that arise in the normal course of engaging in the business of issuing credit ratings. For example, one conflict of interest for NRSROs will include being paid by issuers or underwriters to determine credit ratings with respect to securities or money market instruments they issue or underwrite. * Rule 17g-6 will prohibit the NRSRO from engaging in certain unfair, coercive, or abusive practices. For example, an NRSRO could not threaten to issue a credit rating that is not determined in accordance with the NRSRO's established procedures and methodologies for determining credit ratings, based on whether the rated person will purchase or purchases another product of the NRSRO. Rule 17g-6 also will prohibit an NRSRO from issuing or threatening to issue a lower credit rating, lowering or threatening to lower an existing credit rating, refusing to issue a credit rating, or withdrawing or threatening to withdraw a credit rating, with respect to securities or money market instruments issued by an asset pool or as part of any asset-backed or mortgage-backed securities transaction, unless all or a portion of the assets within such pool or part of such transaction also are rated by the NRSRO, where such practice is engaged in by the NRSRO for an anticompetitive purpose. Rule 17g-1 and Form NRSRO will be immediately effective upon publication in the Federal Register. Rules 17g-2, 17g-3, 17g-4, 17g-5, and 17g-6 will be effective on June 26, 2007. (Press Rel. 2007-104) SEC ANNOUNCES ROUNDTABLE DISCUSSION REGARDING MUTUAL RECOGNITION The Securities and Exchange Commission announced today that it will host a roundtable discussion in June on the topic of selective mutual recognition. Selective mutual recognition would involve the SEC permitting certain types of foreign financial intermediaries to provide services to U.S. investors under an abbreviated registration system, provided those entities are supervised in a foreign jurisdiction under a securities regulatory regime substantially comparable (but not necessarily identical) to that in the United States. The roundtable will explore whether selective mutual recognition would benefit U.S. investors by providing greater cross- border access to foreign investment opportunities while preserving investor protection. The roundtable will take place on June 12, 2007, and will consist of a series of panels designed to reflect the views of different constituencies, including investors, exchanges, and broker-dealers. A separate panel also will consider the issue of how the SEC can best assess regulatory comparability and convergence. "The U.S. capital markets are a vital part of the larger global marketplace," said SEC Chairman Christopher Cox. "Innovations in technology have eliminated many barriers to cross-border access between U.S. and foreign markets. Consequently, it is imperative that the Commission consider the implications of increased U.S. investor demand for foreign investment opportunities. At the same time, we are seeing the international coalescence of a group of securities regulators who share many of the same concerns about investor protection and market efficiency that we at the SEC have - a development that I believe could greatly improve investor protection world-wide. This roundtable should assist the Commission in developing an appropriate regulatory response to the changing nature of the global market, in a way that allows the SEC to strengthen its investor protection mandate." Ethiopis Tafara, Director of the Office of International Affairs, said: "The roundtable discussions should help to inform the Commission as to possible benefits and risks of a system of selective and reciprocal recognition. The views of the panelists should help to frame the issues raised by the globalization of the capital markets and assist the Commission in developing a regulatory approach that furthers the Commission's primary mandate to protect investors and promote efficient capital formation." The roundtable will begin at 9 a.m. ET, and will be held in the Auditorium at the Commission's headquarters at 100 F Street, N.E., Washington D.C. The roundtable will be open to the public with seating on a first-come, first-served basis. Doors will open at 8:30 a.m. and visitors will be subject to security checks. The roundtable discussions also will be available via webcast on the Commission's Web site at www.sec.gov. The Commission welcomes feedback regarding any of the topics to be addressed at the roundtable. The information that is submitted will become part of the public record of the roundtable. Submissions to the Commission may be provided by any of the following methods: Electronic Submissions: * Use the Commission's Internet Submission Form; or * Send an e-mail to rule-comments@sec.gov. Paper Submissions: * Send paper submissions in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, N.E., Washington, D.C. 20549-1090 All submissions should refer to File Number 4-539. This file number should be included on the subject line if e-mail is used. To help process and review submissions more efficiently, please use only one method. The Commission will post all submissions on its Web site at www.sec.gov. Please note that all submissions received will be posted without change; the SEC does not edit personal identifying information from submissions. Only information desired to be shared publicly should be submitted. (Press Rel. 2007-105) COMMISSION MEETINGS CLOSED MEETING - WEDNESDAY, MAY 30, 2007 - 10:00 A.M. The subject matter of the closed meeting scheduled for Wednesday, May 30, will be: Formal orders of investigations; Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings of an enforcement nature; Resolution of litigation claims; Regulatory matter regarding a financial institution; Adjudicatory matters; and Other matters related to enforcement proceedings. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 551-5400. ENFORCEMENT PROCEEDINGS ADMINISTRATIVE PROCEEDING AGAINST PATRICK MCGAGH, JR. On May 23, the Commission issued an Order Making Findings, Imposing Remedial Sanctions, and Imposing a Cease-and-Desist Order Pursuant to Section 8A of the Securities Act of 1933 and Sections 15(b)(6), 21C and 11(b) of the Securities Exchange Act of 1934 and Rule 11b-1 Thereunder as to Patrick J. McGagh, Jr. The Order finds that during the period from at least Jan. 1, 1999 to approximately March 2004, Patrick J. McGagh, Jr. (McGagh), a former specialist on the New York Stock Exchange at Van der Moolen Specialists USA, LLC, knowingly or recklessly engaged in approximately 20,043 instances of interpositioning, locking in a riskless profit of approximately $3,271,406 for his firm's proprietary account at the expense of customer orders, and approximately 4,014 instances of trading ahead, causing approximately $1,178,892 in customer harm, and, in doing so, willfully violated Section 17(a) of the Securities Act of 1933 (Securities Act), Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act) and Rule 10b-5 thereunder, and Section 11(b) of the Exchange Act and Rule 11b-1 thereunder. Based on the above, the Order orders McGagh to cease and desist from committing or causing any violations and any future violations of Section 17(a) of the Securities Act, and Sections 10(b) and 11(b) of the Exchange Act and Rules 10b-5 and 11b-1 thereunder, and bars McGagh from association with any broker or dealer. McGagh consented to the issuance of the Order without admitting or denying any of the findings in the administrative proceeding. (Rels. 33-8805; 34-55805; File No. 3-11893) ADMINISTRATIVE PROCEEDING AGAINST JOSEPH BONGIORNO On May 23, the Commission issued an Order Making Findings, Imposing Remedial Sanctions, and Imposing a Cease-and-Desist Order Pursuant to Section 8A of the Securities Act of 1933 and Sections 15(b)(6), 21C and 11(b) of the Securities Exchange Act of 1934 and Rule 11b-1 Thereunder as to Joseph Bongiorno (Order). The Order finds that during the period from at least Jan. 1, 1999 to approximately March 2004, Joseph Bongiorno (Bongiorno), a former specialist on the New York Stock Exchange at Van der Moolen Specialists USA, LLC, knowingly or recklessly engaged in approximately 14,688 instances of interpositioning, locking in a riskless profit of approximately $1,321,869 for his firm's proprietary account at the expense of customer orders, and approximately 7,550 instances of trading ahead, causing approximately $1,199,452 in customer harm, and, in doing so, willfully violated Section 17(a) of the Securities Act of 1933 (Securities Act), Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act) and Rule 10b-5 thereunder, and Section 11(b) of the Exchange Act and Rule 11b-1 thereunder. Based on the above, the Order orders Bongiorno to cease and desist from committing or causing any violations and any future violations of Section 17(a) of the Securities Act, and Sections 10(b) and 11(b) of the Exchange Act and Rules 10b-5 and 11b-1 thereunder, and bars Bongiorno from association with any broker or dealer. Bongiorno consented to the issuance of the Order without admitting or denying any of the findings in the administrative proceeding. (Rels. 33-8806; 34-55802; File No. 3-11893) INVESTMENT COMPANY ACT RELEASES HSBC SECURITIES (USA) INC. An order has been issued on an application filed by HSBC Securities (USA) Inc. (HSBC Securities), pursuant to Section 6(c) of the Investment Company Act that grants relief from Section 18(f)(1) of the Act. The order permits registered open-end management investment companies to enter into secured loan transactions with commercial paper and medium-term note conduits administered by HSBC Securities. (Rel. IC-27822 - May 22) THE GABELLI EQUITY TRUST INC., ET AL. An order has been issued on an application filed by The Gabelli Equity Trust Inc. (Trust), The Gabelli Healthcare & WellnessRX Trust (Healthcare Trust) and Gabelli Funds, LLC for an order under Section 17(b) of the Investment Company Act for an exemption from Section 17(a) of the Act and under Section 17(d) of the Act and Rule 17d-1 under the Act to permit certain joint transactions. The order permits the Trust to transfer a portion of its assets to the Healthcare Trust, a newly formed, wholly-owned subsidiary that is a registered closed- end investment company, and to distribute to the Trust's shareholders the shares of the Healthcare Trust. (Rel. IC-27823 - May 22) XTF ADVISORS TRUST, ET AL. An order has been issued on an application filed by XTF Advisors Trust (Trust), and XTF Advisors LLC (Investment Advisor) for an order exempting them from the provisions of Sections 9(a), 13(a), 15(a) and 15(b) of the Investment Company Act and Rules 6e 2(b)(15) and 6e 3(T)(b)(15) thereunder, to the extent necessary to permit shares of the Trust and shares of any future investment companies that are designed to fund insurance products and for which the Investment Advisor or any of its affiliates may service in the future as investment manager, investment adviser, subadviser, administrator, principal underwriter, or sponsor (collectively, the Insurance Funds) to be sold to and held by: (a) separate accounts funding variable annuity and variable life insurance contracts issued by both affiliated and unaffiliated life insurance companies; (b) trustees of qualified group pension and group retirement plans outside of the separate account context; (c) separate accounts that are not registered as investment companies under the Act pursuant to exemptions from registration under Section 3(c) of the Act; (d) any advisor to an Insurance Fund for the purposes of providing seed capital to an Insurance Fund; and (e) any other account of a participating life insurance company permitted to hold shares of an Insurance Fund. (Rel. IC-27825 - May 22) HERCULES TECHNOLOGY GROWTH CAPITAL, INC. An order has been issued on an application filed by Hercules Technology Growth Capital, Inc. (HTGC) under Section 6(c) of the Investment Company Act for an exemption from Sections 23(a), 23(b) and 63 of the Act, and under Sections 57(a)(4) and 57(i) of the Act and Rule 17d-1 under the Act authorizing certain joint transactions otherwise prohibited by Section 57(a)(4) of the Act. The order permits HTGC to issue shares of its restricted common stock as part of the compensation packages for certain of its employees and directors, and certain employees of its wholly-owned consolidated subsidiaries. (Rel. IC-27838 - May 23) SELF-REGULATORY ORGANIZATIONS PROPOSED RULE CHANGE NYSE Arca filed a proposed rule change and Amendment No. 1 thereto (SR-NYSEArca-2007-34) relating to trading a class of options without designating a Lead Market Maker. Publication is expected in the Federal Register during the week of May 28. (Rel. 34-55789) APPROVAL OF PROPOSED RULE CHANGE The Commission, approved a proposed rule change (SR NASDAQ-2007-039) submitted by The NASDAQ Stock Market to modify the distributor fee for Nasdaq Index Weighting Information. Publication is expected in the Federal Register during the week of May 28. (Rel. 34-55790 SECURITIES ACT REGISTRATIONS The following registration statements have been filed with the SEC under the Securities Act of 1933. The reported information appears as follows: Form, Name, Address and Phone Number (if available) of the issuer of the security; Title and the number and/or face amount of the securities being offered; Name of the managing underwriter or depositor (if applicable); File number and date filed; Assigned Branch; and a designation if the statement is a New Issue. Registration statements may be obtained in person or by writing to the Commission's Public Reference Branch at 100 F Street, N.E., Washington, D.C. 20549-1090 or at the following e-mail box address: . In most cases, this information is also available on the Commission's website: . S-3 TREX CO INC, 160 EXETER DRIVE, WINCHESTER, VA, 22603-8605, 5406784070 - 0 ($100,000,000.00) Equity, (File 333-143171 - May. 23) (BR. 06A) S-3 ANWORTH MORTGAGE ASSET CORP, 1299 OCEAN AVENUE, SUITE 250, SANTA MONICA, CA, 90401, 310-255-4493 - 0 ($279,165,219.00) Equity, (File 333-143173 - May. 23) (BR. 08A) S-8 RSC Holdings Inc., 6929 E. GREENWAY PARKWAY SUITE 200, SCOTTSDALE, AZ, 85254, (480) 348-5918 - 0 ($162,424,746.00) Equity, (File 333-143175 - May. 23) (BR. 06C) S-3ASR UCBH HOLDINGS INC, 555 MONTGOMERY STREET, 14TH FLOOR, SAN FRANCISCO, CA, 94111, 415-315-2800 - 0 ($67,216,713.80) Equity, (File 333-143176 - May. 23) (BR. 07A) S-3 ACCESS WORLDWIDE COMMUNICATIONS INC, 4950 COMMUNICATIONS AVE, BOCA RATON, FL, 33431, 5162265000 - 0 ($23,533,770.00) Equity, (File 333-143177 - May. 23) (BR. 08A) S-8 STOCKERYALE INC, 32 HAMPSHIRE ROAD, SALEM, NH, 03079, 6038938778 - 5,300,000 ($7,473,000.00) Equity, (File 333-143178 - May. 23) (BR. 10C) S-8 U.S. Auto Parts Network, Inc., 17150 SOUTH MARGAY AVENUE, CARSON, CA, 90746, (310) 715-6666 - 5,191,020 ($35,247,025.80) Equity, (File 333-143179 - May. 23) (BR. 02) S-3ASR AT&T INC., 175 E HOUSTON, ROOM 9-Q-06, SAN ANTONIO, TX, 78205, 2108214105 - 0 ($0.00) Unallocated (Universal) Shelf, (File 333-143180 - May. 23) (BR. 11B) S-1 VS HOLDINGS, INC., THE VITAMIN SHOPPE, 2101 91ST STREET, NORTH BERGEN, NJ, 07047, 800-223-1216 - 0 ($150,000,000.00) Equity, (File 333-143181 - May. 23) (BR. 02) S-8 PNC FINANCIAL SERVICES GROUP INC, ONE PNC PLAZA, 249 FIFTH AVENUE, PITTSBURGH, PA, 15222, 412-762-2000 - 0 ($2,471,072,255.55) Equity, (File 333-143182 - May. 23) (BR. 07B) S-8 KHD HUMBOLDT WEDAG INTERNATIONAL LTD., UNIT 702, 7/F RUTTONJEE HOUSE, RUTTONJEE CENTRE, 11 DUDDELL STREET, CENTRAL, K3, 00000, 852-2537-3613 - 1,364,500 ($75,511,430.00) Equity, (File 333-143183 - May. 23) (BR. 06B) S-8 1ST CONSTITUTION BANCORP, 2650 ROUTE 130, BOX 634, CRANBURY, NJ, 08512, 6096554500 - 53,000 ($947,375.00) Equity, (File 333-143188 - May. 23) (BR. 07B) S-4 COLUMBIA BANKING SYSTEM INC, 1102 BROADWAY PLAZA, TACOMA, WA, 98402, 2533051900 - 0 ($22,695,761.00) Equity, (File 333-143189 - May. 23) (BR. 07C) S-8 WATAIRE INTERNATIONAL, INC., SUITE 300, WARNER CENTER, 21550 OXNARD STREET, WOODLAND HILLS, CA, 91367, 877-602-8985 - 1,000,000 ($430,000.00) Equity, (File 333-143190 - May. 23) (BR. 02C) S-8 FISERV INC, 255 FISERV DR, PO BOX 979, BROOKFIELD, WI, 53045, 4148795000 - 0 ($590,688,000.00) Equity, (File 333-143191 - May. 23) (BR. 03B) S-1 Imperium Renewables Inc, 1418 Third Ave, Suite 300, Seattle, WA, 98101, 2062540203 - 0 ($345,000,000.00) Equity, (File 333-143192 - May. 23) (BR. 06) S-8 DYNAMIC LEISURE CORP, 5680A W. CYPRESS STREET, TAMPA, FL, 33607, 813-877-6300 - 5,500,000 ($3,575,000.00) Equity, (File 333-143193 - May. 23) (BR. 05B) S-8 SOMERSET HILLS BANCORP, 155 MORRISTOWN RD, BERNARDSVILLE, NJ, 07924, 9082210100 - 125,000 ($1,598,750.00) Other, (File 333-143194 - May. 23) (BR. 07B) S-3 Lev Pharmaceuticals Inc, 122 WEST 42ND STREET, SUITE 2606, NEW YORK, NY, 10168, 212-682-3096 - 70,000,000 ($70,000,000.00) Equity, (File 333-143196 - May. 23) (BR. 01C) S-3ASR AMERIGROUP CORP, 4425 CORPORATION LANE, SUITE 100, VIRGINIA BEACH, VA, 23462, 7574906900 - 0 ($260,000,000.00) Other, (File 333-143197 - May. 23) (BR. 01A) S-3 ALLOS THERAPEUTICS INC, 11080 CIRCLEPOINT ROAD, SUITE 200, WESTMINSTER, CO, 80020, 3034266262 - 0 ($150,000,000.00) Other, (File 333-143198 - May. 23) (BR. 01C) S-3 GSE SYSTEMS INC, 7133 RUTHERFORD RD, SUITE 200, BALTIMORE, MD, 21244, 4102773740 - 100,000 ($706,000.00) Equity, (File 333-143199 - May. 23) (BR. 03C) S-1 STINGER SYSTEMS, INC, 2701 N ROCKY POINT DRIVE, SUITE 1130, TAMPA, FL, 33607, 813-281-1061 - 4,153,645 ($4,672,850.63) Equity, (File 333-143200 - May. 23) (BR. 06B) S-11 WELLS REAL ESTATE INVESTMENT TRUST INC, 6200 THE CORNERS PARKWAY, SUITE 500, NORCROSS, GA, 30092, 7703253700 - 0 ($345,000,000.00) Equity, (File 333-143201 - May. 23) (BR. 08C) S-3 MRU HOLDINGS INC, 1114 AVENUE OF THE AMERICAS, NEW YORK, NY, 10036, (212) 398-1780 - 7,176,576 ($47,724,230.00) Equity, (File 333-143202 - May. 23) (BR. 07A) S-8 NOBLE ENERGY INC, 100 GLENBOROUGH, SUITE 100, HOUSTON, TX, 77067, 2818723100 - 3,500,000 ($221,585,000.00) Equity, (File 333-143203 - May. 23) (BR. 04C) S-8 NOBLE ENERGY INC, 100 GLENBOROUGH, SUITE 100, HOUSTON, TX, 77067, 2818723100 - 800,000 ($50,648,000.00) Equity, (File 333-143204 - May. 23) (BR. 04C) S-1 Duff & Phelps CORP, 909 THIRD AVENUE, 12TH FLOOR, NEW YORK, NY, 10022, (212) 450-2800 - 0 ($200,000,000.00) Equity, (File 333-143205 - May. 23) (BR. ) S-3 GERON CORP, 230 CONSTITUTION DRIVE, MENLO PARK, CA, 94025, 6504737700 - 615,454 ($5,588,322.00) Other, (File 333-143206 - May. 23) (BR. 01A) SB-2 XEDAR CORP, 8310 SOUTH VALLEY HIGHWAY, SUITE 220, ENGLEWOOD, CO, 80112, (303) 377-0033 - 25,090,909 ($78,534,545.20) Equity, (File 333-143207 - May. 23) (BR. 09A) S-8 RIVER HAWK AVIATION INC, 954 BUSINESS PARK DRIVE, TRAVERSE CITY, MI, 49686, 2319464343 - 1,200,000 ($312,000.00) Equity, (File 333-143208 - May. 23) (BR. 05C) RECENT 8K FILINGS Form 8-K is used by companies to file current reports on the following events: 1.01 Entry into a Material Definitive Agreement 1.02 Termination of a Material Definitive Agreement 1.03 Bankruptcy or Receivership 2.01 Completion of Acquisition or Disposition of Assets 2.02 Results of Operations and Financial Condition 2.03 Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant 2.04 Triggering Events That Accelerate or Increase a Direct Financial Obligation under an Off-Balance Sheet Arrangement 2.05 Cost Associated with Exit or Disposal Activities 2.06 Material Impairments 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing 3.02 Unregistered Sales of Equity Securities 3.03 Material Modifications to Rights of Security Holders 4.01 Changes in Registrant's Certifying Accountant 4.02 Non-Reliance on Previously Issued Financial Statements or a Related Audit Report or Completed Interim Review 5.01 Changes in Control of Registrant 5.02 Departure of Directors or Principal Officers; Election of Directors; Appointment of Principal Officers 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year 5.04 Temporary Suspension of Trading Under Registrant's Employee Benefit Plans 5.05 Amendments to the Registrant's Code of Ethics, or Waiver of a Provision of the Code of Ethics 6.01. ABS Informational and Computational Material. 6.02. Change of Servicer or Trustee. 6.03. Change in Credit Enhancement or Other External Support. 6.04. Failure to Make a Required Distribution. 6.05. Securities Act Updating Disclosure. 7.01 Regulation FD Disclosure 8.01 Other Events 9.01 Financial Statements and Exhibits 8-K reports may be obtained in person or by writing to the Commission's Public Reference Branch at 100 F Street, N.E., Washington, D.C. 20549-1090 or at the following e-mail box address: . In most cases, this information is also available on the Commission's website: . STATE NAME OF ISSUER CODE 8K ITEM NO. DATE COMMENT ------------------------------------------------------------------------------------------------------- 21ST CENTURY HOLDING CO FL 8.01 05/22/07 ADVANCED ANALOGIC TECHNOLOGIES INC DE 8.01,9.01 05/22/07 AEOLUS PHARMACEUTICALS, INC. DE 1.01,3.02,8.01,9.01 05/22/07 AEROFLEX INC DE 8.01,9.01 05/22/07 AES CORP DE 2.02,7.01,9.01 05/23/07 AFFYMAX INC 5.02 05/18/07 AIRGAS INC DE 2.01,9.01 03/09/07 AMEND ALASKA AIR GROUP INC DE 7.01 05/23/07 ALLOS THERAPEUTICS INC DE 8.01,9.01 05/23/07 ALTRUST FINANCIAL SERVICES INC 7.01,9.01 05/17/07 AMEDISYS INC DE 7.01,9.01 05/23/07 AMEREN CORP MO 8.01 05/22/07 American Home Mortgage Investment Tru DE 2.01,9.01 04/20/07 AMERICAN INTERNATIONAL INDUSTRIES INC NV 4.01,5.02,9.01 05/18/07 AMERICAN MEDICAL SYSTEMS HOLDINGS INC DE 7.01 05/23/07 AMERICAN OIL & GAS INC NV 7.01,9.01 05/22/07 AMERICAN TOWER CORP /MA/ DE 8.01,9.01 05/23/07 AMERICASBANK CORP MD 8.01,9.01 05/21/07 AMERISAFE INC TX 8.01 05/23/07 AMERISERV FINANCIAL INC /PA/ PA 1.01 05/23/07 AMGEN INC DE 8.01,9.01 05/23/07 AMSURG CORP TN 5.02,9.01 05/17/07 ANADIGICS INC DE 1.01,9.01 05/17/07 AON CORP DE 5.02,9.01 05/21/07 APAC CUSTOMER SERVICE INC IL 7.01,9.01 05/23/07 ARK RESTAURANTS CORP NY 8.01 05/23/07 Arkanova Energy Corp NV 1.01,9.01 05/21/07 ASTRO MED INC /NEW/ RI 2.02,9.01 05/22/07 AUXILIUM PHARMACEUTICALS INC 7.01,9.01 05/23/07 AVON PRODUCTS INC NY 2.05 11/15/05 AMEND AXS ONE INC DE 5.02 05/23/07 BANCTRUST FINANCIAL GROUP INC AL 1.01,9.01 05/21/07 BANK OF AMERICA CORP /DE/ DE 8.01,9.01 05/17/07 BANK OF AMERICA CORP /DE/ DE 8.01,9.01 05/23/07 BEAR STEARNS COMPANIES INC DE 8.01,9.01 05/21/07 BEARD CO /OK OK 2.02,9.01 05/22/07 BED BATH & BEYOND INC NY 5.02,9.01 05/21/07 BIOANALYTICAL SYSTEMS INC IN 1.01,5.02,9.01 05/18/07 BION ENVIRONMENTAL TECHNOLOGIES INC CO 8.01,9.01 05/21/07 BLYTH INC DE 5.02 05/23/07 BofI Holding, Inc. DE 7.01,9.01 05/23/07 BOSTON COMMUNICATIONS GROUP INC MA 3.01,9.01 05/17/07 BRE PROPERTIES INC /MD/ MD 5.02,5.03,9.01 05/17/07 BROOKE CORP KS 5.02,7.01,9.01 05/18/07 Brooklyn Federal Bancorp, Inc. X1 8.01,9.01 05/22/07 CA, INC. DE 2.02,9.01 05/23/07 CALIFORNIA MICRO DEVICES CORP CA 5.02 05/17/07 CALIFORNIA PIZZA KITCHEN INC DE 8.01,9.01 05/23/07 Cape Fear Bank CORP NC 5.02,9.01 05/17/07 CAPITAL SENIOR LIVING CORP DE 7.01,9.01 05/21/07 CAPITALSOURCE INC DE 1.01,9.01 05/17/07 CAPRIUS INC DE 8.01,9.01 05/23/07 CARBIZ INC A6 4.01,9.01 04/27/07 AMEND CARMIKE CINEMAS INC DE 5.02,9.01 05/21/07 CAROLINA BANK HOLDINGS INC NC 8.01 05/23/07 CENTER FINANCIAL CORP CA 8.01,9.01 05/17/07 CENTERSTATE BANKS OF FLORIDA INC FL 7.01,9.01 05/23/07 CENTEX CORP NV 5.02,9.01 05/17/07 CENTRA FINANCIAL HOLDINGS INC WV 2.02,9.01 05/23/07 CHAMPION INDUSTRIES INC WV 8.01,9.01 05/23/07 CHASE BANK USA, NATIONAL ASSOCIATION DE 8.01,9.01 05/22/07 CHEMOKINE THERAPEUTICS CORP DE 1.01,9.01 05/21/07 CHEVIOT FINANCIAL CORP 1.01 05/22/07 CHINA AUTOMOTIVE SYSTEMS INC DE 5.02 05/23/07 Citigroup Mortgage Loan Trust 2007-2 2.01,9.01 01/30/07 CLAIBORNE LIZ INC DE 8.01 05/17/07 CLEARANT INC 5.02 05/21/07 CLST Holdings, Inc. DE 5.02,8.01 05/18/07 CNB Financial Corp. MA 4.01,9.01 05/18/07 CNET NETWORKS INC DE 4.01 05/16/07 AMEND COACHMEN INDUSTRIES INC IN 7.01,9.01 05/23/07 COEUR D ALENE MINES CORP ID 8.01,9.01 05/22/07 COHERENT INC DE 8.01 05/18/07 COLONIAL COMMERCIAL CORP NY 2.02,9.01 05/22/07 COMFORCE CORP DE 7.01,9.01 05/23/07 Commercial Vehicle Group, Inc. DE 2.05,9.01 05/22/07 COMMONWEALTH BIOTECHNOLOGIES INC VA 1.01,5.02,9.01 05/15/07 AMEND COMPUMED INC DE 1.01,5.02,9.01 05/17/07 CONCENTRA OPERATING CORP NV 8.01,9.01 05/23/07 Cornerstone Core Properties REIT, Inc MD 1.01,9.01 05/18/07 CREDO PETROLEUM CORP CO 7.01,9.01 05/22/07 CRIMSON EXPLORATION INC. 2.02,9.01 03/31/07 CROSS COUNTRY HEALTHCARE INC DE 2.02,7.01,9.01 05/17/07 CrossPoint Energy CO NV 5.02,8.01 05/16/07 CSS INDUSTRIES INC DE 2.02,9.01 05/22/07 CYBER DIGITAL INC NY 1.01 05/22/07 CYOP SYSTEMS INTERNATIONAL INC CA 5.02,9.01 05/22/07 CYPRESS BIOSCIENCE INC DE 8.01,9.01 05/22/07 DECORIZE INC DE 8.01,9.01 05/23/07 Deli Solar (USA), Inc. NV 1.01 05/18/07 DENBURY RESOURCES INC DE 7.01,9.01 05/23/07 DICKS SPORTING GOODS INC DE 2.02,9.01 05/23/07 DILLARDS INC DE 2.02,9.01 05/23/07 DIOMED HOLDINGS INC NV 5.02,7.01,9.01 05/22/07 DONALDSON CO INC DE 8.01,9.01 05/23/07 DREW INDUSTRIES INC DE 8.01,9.01 05/21/07 E TRADE FINANCIAL CORP DE 8.01 05/23/07 Eastern Goldfields, Inc. NV 3.02 05/22/07 EATON VANCE CORP MD 9.01 05/23/07 Education Realty Trust, Inc. MD 5.02,9.01 05/22/07 Education Realty Trust, Inc. MD 1.01 05/03/07 ELEC COMMUNICATIONS CORP NY 1.01,9.01 05/22/07 ELECTRONIC CLEARING HOUSE INC NV 5.02,9.01 05/18/07 EMAGIN CORP DE 1.01,9.01 05/17/07 EMERGE INTERACTIVE INC DE 1.03,3.03,8.01,9.01 05/23/07 ENABLE IPC CORP DE 5.02,9.01 05/23/07 ENCORE ACQUISITION CO DE 9.01 03/07/07 AMEND ENERGROUP TECHNOLOGIES CORP 2.01,3.02,5.01,5.02 05/23/07 EnerSys DE 2.05,5.02,7.01,8.01,9.01 05/18/07 ENGLOBAL CORP NV 5.02,9.01 04/02/07 EOG RESOURCES INC DE 1.01,2.03,7.01 05/23/07 EQUIFAX INC GA 1.01,2.03,9.01 05/22/07 EQUITY RESIDENTIAL MD 8.01,9.01 05/23/07 ERESEARCHTECHNOLOGY INC /DE/ DE 5.02 02/15/07 AMEND ERF Wireless, Inc. NV 8.01,9.01 05/22/07 ERP OPERATING LTD PARTNERSHIP MD 8.01,9.01 05/23/07 ESS TECHNOLOGY INC CA 5.02 05/21/07 EVERLAST WORLDWIDE INC DE 5.02,9.01 05/22/07 Eworld Interactive, Inc. FL 5.06,9.01 05/11/07 EXPEDITORS INTERNATIONAL OF WASHINGTO WA 7.01 05/23/07 FARMERS & MERCHANTS BANCORP DE 8.01,9.01 05/22/07 Federal Home Loan Bank of Atlanta X1 7.01,9.01 05/23/07 Federal Home Loan Bank of Topeka 7.01,9.01 05/22/07 FEDERAL NATIONAL MORTGAGE ASSOCIATION 7.01,9.01 05/23/07 FIRST BANCORP /NC/ NC 7.01,9.01 05/22/07 FIRST COMMUNITY BANCSHARES INC /NV/ NV 5.02,9.01 05/22/07 FIRST MID ILLINOIS BANCSHARES INC DE 8.01 05/23/07 FIRST MONTAUK FINANCIAL CORP NJ 8.01,9.01 05/18/07 First Source Data, Inc. NV 5.03,9.01 05/18/07 FIRSTENERGY CORP OH 7.01,9.01 05/23/07 FIRSTMERIT CORP /OH/ OH 5.02,9.01 05/21/07 FISERV INC WI 5.02,5.03,9.01 05/23/07 Fluid Media Networks, Inc. 5.03,8.01,9.01 05/17/07 FNBH BANCORP INC MI 5.02 05/17/07 Fortress International Group, Inc. DE 2.02 05/14/07 AMEND FORWARD AIR CORP TN 5.02 05/22/07 AMEND FOSSIL INC DE 3.01,9.01 05/18/07 FRANKLIN BANK CORP 7.01,9.01 05/23/07 FULLER H B CO MN 4.01,9.01 04/06/07 GameStop Corp. DE 2.02,9.01 05/23/07 GateHouse Media, Inc. DE 8.01,9.01 05/23/07 GB&T BANCSHARES INC GA 1.01,9.01 05/17/07 GE Commercial Mortgage Corporation, S DE 8.01,9.01 04/26/07 Global Resource CORP CO 9.01 12/31/06 AMEND GLOBALSCAPE INC DE 8.01,9.01 05/23/07 GOODRICH PETROLEUM CORP DE 5.02,9.01 05/17/07 AMEND GOVERNMENT TRUST 1 D IL 8.01 05/15/07 GOVERNMENT TRUST 2 F IL 8.01 05/15/07 Granite Master Issuer plc X0 9.01 05/23/07 GREAT AMERICAN FAMILY PARKS INC NV 2.02,9.01 05/23/07 GRUBB & ELLIS CO DE 1.01,9.01 05/22/07 GRUBB & ELLIS CO DE 1.01,9.01 05/23/07 GYMBOREE CORP DE 2.02,9.01 05/23/07 HALLWOOD GROUP INC DE 3.01,8.01,9.01 05/22/07 Hammonds Industries, Inc. NV 4.01,5.02,9.01 05/18/07 HARRIS INTERACTIVE INC DE 8.01 05/17/07 HARVEST NATURAL RESOURCES, INC. DE 5.03,9.01 05/21/07 HAWK CORP DE 7.01,9.01 05/23/07 HEALTH DISCOVERY CORP TX 8.01,9.01 05/23/07 HEALTHSOUTH CORP DE 7.01,9.01 05/23/07 HEI INC MN 5.02,9.01 05/22/07 HEWLETT PACKARD CO DE 8.01,9.01 05/23/07 Home Equity Loan Trust 2007-HSA3 DE 8.01,9.01 05/22/07 Home Equity Mortgage Loan Asset Backe DE 2.01,9.01 03/09/07 HOT TOPIC INC /CA/ CA 2.02,9.01 05/23/07 HOUSTON EXPLORATION CO DE 1.01,3.03,8.01,9.01 05/21/07 HYDROGEN ENGINE CENTER, INC. NV 9.01 05/23/07 ICAD INC DE 5.02 05/17/07 IMPAX LABORATORIES INC DE 7.01,9.01 05/23/07 INDYMAC BANCORP INC DE 7.01,9.01 05/23/07 INTEGRYS ENERGY GROUP, INC. WI 5.02 05/17/07 IntelGenx Technologies Corp. DE 1.01,2.03,3.02,9.01 05/23/07 INTERDIGITAL COMMUNICATIONS CORP PA 2.02,9.01 05/23/07 INTERIM CAPITAL CORP/NV 5.02 05/16/07 INVENDA CORP DE 8.01,9.01 05/18/07 INVERNESS MEDICAL INNOVATIONS INC DE 1.01,2.01,8.01,9.01 05/17/07 ISTAR FINANCIAL INC MD 8.01,9.01 05/22/07 J P MORGAN CHASE & CO DE 9.01 05/22/07 JAG MEDIA HOLDINGS INC NV 1.01,2.03,9.01 05/18/07 JONES SODA CO WA 8.01 05/22/07 JONES SODA CO WA 1.01 05/22/07 K SWISS INC DE 8.01 05/22/07 KEMET CORP DE 5.02 05/23/07 KINDER MORGAN INC KS 2.01,9.01 05/17/07 KMG CHEMICALS INC TX 5.02,9.01 05/22/07 KOREA FUND INC MD 8.01 05/23/07 L-1 IDENTITY SOLUTIONS, INC. DE 1.01,2.03,3.02,8.01,9.01 05/17/07 LABOR READY INC WA 5.03,9.01 05/17/07 LAIDLAW INTERNATIONAL INC DE 7.01,9.01 05/23/07 Lake Shore Bancorp, Inc. X1 7.01,9.01 05/23/07 LARREA BIOSCIENCES CORP NV 8.01 01/31/07 LASERLOCK TECHNOLOGIES INC NV 1.01,2.03,3.02,3.03,5.03,9.01 05/18/07 LEAP WIRELESS INTERNATIONAL INC DE 5.02,9.01 05/17/07 LEHMAN BROTHERS HOLDINGS INC DE 9.01 05/17/07 LEHMAN BROTHERS HOLDINGS INC DE 3.03,5.03,8.01,9.01 05/17/07 LEXINGTON REALTY TRUST MD 5.02,9.01 05/17/07 LITHIUM TECHNOLOGY CORP DE 5.02,8.01,9.01 05/18/07 LONGS DRUG STORES CORP MD 5.02,7.01,9.01 05/22/07 M&F BANCORP INC /NC/ NC 2.02,9.01 05/22/07 MACE SECURITY INTERNATIONAL INC DE 2.01,9.01 05/17/07 Macquarie Infrastructure CO LLC DE 7.01,8.01,9.01 05/23/07 MANATRON INC MI 5.02 05/20/07 MANHATTAN ASSOCIATES INC GA 5.02,9.01 05/18/07 MCF CORP DE 5.03,8.01,9.01 05/23/07 MediaREADY Inc FL 3.02,7.01,9.01 05/22/07 MEDWAVE INC DE 3.01,7.01,8.01 05/21/07 MET PRO CORP PA 2.02,7.01,9.01 04/30/07 METABOLIX, INC. DE 5.02 05/17/07 METROCORP BANCSHARES INC 3.01 05/22/07 MICRON TECHNOLOGY INC DE 1.01,2.03,9.01 05/17/07 MINDSPEED TECHNOLOGIES, INC DE 5.02,5.05,9.01 05/17/07 MOLSON COORS BREWING CO CO 5.02 05/17/07 MOVENTIS CAPITAL, INC. DE 2.02,7.01,9.01 05/23/07 NANOVIRICIDES, INC. NV 5.02 05/16/07 National Interstate CORP OH 8.01,9.01 05/18/07 NCR CORP MD 5.02 05/18/07 NEPHROS INC DE 5.02,8.01,9.01 05/22/07 NESTOR INC DE 5.02,9.01 05/22/07 NETWORK APPLIANCE INC CA 2.02,9.01 05/23/07 NEWS CORP 8.01,9.01 05/23/07 NextWave Wireless Inc. DE 5.02 05/17/07 Nexxus Lighting, Inc. DE 5.02,9.01 05/17/07 NISSAN MASTER OWNER TRUST RECEIVABLES DE 8.01,9.01 05/22/07 NNN Healthcare/Office REIT, Inc. MD 9.01 03/09/07 AMEND Noble Innovations Inc NV 1.01,3.02,5.02,5.03,9.01 05/16/07 NOVASTAR FINANCIAL INC MD 1.01 05/18/07 NOVELL INC DE 8.01,9.01 05/22/07 NS8 CORP DE 1.01,2.03,3.02,9.01 04/27/07 AMEND NYSE Euronext DE 7.01,9.01 05/22/07 NYSE Euronext DE 2.02,9.01 05/23/07 OCCIDENTAL PETROLEUM CORP /DE/ DE 7.01,9.01 05/22/07 OIL STATES INTERNATIONAL, INC DE 5.02 05/17/07 OMNICELL, Inc CA 8.01,9.01 05/22/07 OMNICOM GROUP INC NY 2.02,8.01,9.01 05/22/07 OPTIUM CORP DE 1.01,9.01 05/23/07 Organic To Go Food CORP DE 7.01,9.01 05/23/07 PAB BANKSHARES INC GA 8.01 05/23/07 PAB BANKSHARES INC GA 5.02 05/23/07 PACIFIC SUNWEAR OF CALIFORNIA INC CA 7.01,9.01 05/23/07 PARTNERS TRUST FINANCIAL GROUP INC 7.01 05/23/07 PATRON SYSTEMS INC DE 5.02 05/23/07 PAYLESS SHOESOURCE INC /DE/ DE 1.01,7.01,9.01 05/22/07 PECO II INC OH 5.02 05/22/07 PEOPLES BANCORP OF NORTH CAROLINA INC NC 8.01,9.01 05/18/07 PEOPLES BANCTRUST CO INC AL 1.01,9.01 05/21/07 PEOPLES EDUCATIONAL HOLDINGS MN 5.03,9.01 05/23/07 PERCEPTRON INC/MI MI 1.01,5.02,9.01 03/19/07 PFIZER INC DE 5.02 05/18/07 PharmaNet Development Group Inc DE 7.01,9.01 05/21/07 PHASE FORWARD INC DE 1.01,7.01,9.01 05/22/07 PMI GROUP INC DE 1.01,5.02 05/17/07 PONIARD PHARMACEUTICALS, INC. WA 8.01,9.01 05/23/07 POSSIS MEDICAL INC MN 9.01 05/23/07 POZEN INC /NC 8.01 05/23/07 PRICELINE COM INC DE 7.01,9.01 05/23/07 PRINCIPAL LIFE INSURANCE CO IA 9.01 05/18/07 PRINCIPAL LIFE INSURANCE CO IA 9.01 05/18/07 PRINCIPAL LIFE INSURANCE CO IA 9.01 05/18/07 PROCYON CORP CO 2.02,9.01 05/23/07 PROVIDENT FINANCIAL HOLDINGS INC DE 7.01,9.01 05/22/07 PROVIDENT FINANCIAL HOLDINGS INC DE 8.01 05/23/07 PSS WORLD MEDICAL INC FL 2.02,9.01 05/23/07 PUBLIC SERVICE ENTERPRISE GROUP INC NJ 7.01,9.01 05/23/07 QLINKS AMERICA, INC. 2.01 05/18/07 QLT INC/BC A1 5.02 05/17/07 QUANTUM CORP /DE/ DE 2.02,9.01 05/23/07 QUEPASA CORP NV 4.02 04/09/07 AMEND RAYONIER INC NC 5.02 05/22/07 RBC Bearings INC 8.01,9.01 05/23/07 Red Mile Entertainment Inc 1.01,9.01 05/18/07 REDENVELOPE INC DE 5.02 05/17/07 AMEND REDWOOD TRUST INC MD 1.01,2.03,9.01 05/23/07 Residential Asset Securitization Trus 8.01,9.01 05/22/07 ROSS STORES INC DE 2.02,9.01 05/23/07 RURAL CELLULAR CORP MN 8.01,9.01 05/23/07 RYERSON INC. DE 8.01,9.01 05/23/07 SAGA COMMUNICATIONS INC DE 5.03,9.01 05/17/07 SAMSONITE CORP/FL DE 5.02 05/18/07 SCBT FINANCIAL CORP SC 8.01,9.01 05/23/07 SCHOOL SPECIALTY INC WI 5.02,9.01 05/23/07 SEAMLESS WI-FI, INC. 1.01 05/23/07 Sinoenergy CORP NV 2.02,8.01,9.01 05/21/07 SMITHTOWN BANCORP INC NY 8.01,9.01 05/22/07 SOUTH CAROLINA ELECTRIC & GAS CO SC 5.03,9.01 05/22/07 SOUTHERN IOWA BIOENERGY LLC 1.01 05/17/07 SOUTHERN STAR CENTRAL CORP DE 5.02 05/23/07 SOUTHWEST WATER CO DE 8.01,9.01 05/23/07 Spectra Energy Corp. DE 8.01,9.01 05/23/07 ST JOSEPH INC CO 5.03,9.01 05/18/07 ST. BERNARD SOFTWARE, INC. CA 1.01,9.01 05/15/07 STRATEGIC HOTELS & RESORTS, INC 7.01,9.01 05/23/07 STRIDE RITE CORP MA 1.01,3.03,5.02,9.01 05/22/07 SULPHCO INC NV 1.01,5.02,9.01 05/17/07 Sun American Bancorp DE 5.03,8.01,9.01 05/23/07 SYNERGY BRANDS INC DE 2.01,9.01 05/23/07 SYNOPSYS INC DE 2.02,5.02,9.01 05/21/07 TALBOTS INC DE 2.02,9.01 05/23/07 TAMPA ELECTRIC CO FL 8.01,9.01 05/22/07 TARGET CORP MN 2.02,8.01,9.01 05/23/07 TEKOIL & GAS CORP DE 1.01,2.01,3.02,9.01 05/11/07 AMEND TELKONET INC 9.01 03/09/07 AMEND TEMECULA VALLEY BANCORP INC CA 7.01,8.01,9.01 05/22/07 Tennessee Valley Authority 8.01,9.01 05/22/07 TESSERA TECHNOLOGIES INC DE 5.02,8.01,9.01 05/17/07 THOMAS & BETTS CORP TN 7.01 05/22/07 TIERONE CORP 1.01,9.01 05/17/07 TLC VISION CORP A6 8.01,9.01 05/23/07 TOREADOR RESOURCES CORP DE 7.01,9.01 05/23/07 TOTAL LUXURY GROUP INC IN 4.02 05/22/07 AMEND TRANSMERIDIAN EXPLORATION INC DE 5.02,9.01 05/17/07 TRC COMPANIES INC /DE/ DE 5.02,9.01 05/18/07 TRIPOS INC UT 3.01,9.01 05/18/07 TRM CORP OR 3.01,9.01 05/17/07 TURBOCHEF TECHNOLOGIES INC DE 2.02,8.01,9.01 05/23/07 TVIA INC DE 5.02 05/18/07 TVIA INC DE 5.05 05/17/07 TWEEN BRANDS, INC. DE 2.02,9.01 05/23/07 TYCO INTERNATIONAL LTD /BER/ D0 8.01,9.01 05/22/07 UCBH HOLDINGS INC DE 5.02,9.01 05/17/07 United Financial Bancorp Inc 8.01,9.01 05/17/07 UNIVERSAL HOSPITAL SERVICES INC MN 1.01 05/17/07 UNIVEST CORP OF PENNSYLVANIA PA 8.01,9.01 05/23/07 Unum Group DE 5.02,9.01 05/18/07 VAXGEN INC DE 5.02,5.03,8.01,9.01 05/18/07 VERINT SYSTEMS INC 8.01,9.01 05/23/07 VIASAT INC CA 1.01 05/23/07 VIASPACE Inc. NV 8.01,9.01 05/23/07 VION PHARMACEUTICALS INC DE 8.01,9.01 05/23/07 Visiphor CORP A1 1.01,2.03,3.02,7.01,9.01 05/16/07 VISUALANT INC NV 8.01,9.01 05/15/07 VISUALANT INC NV 8.01,9.01 05/22/07 VONAGE HOLDINGS CORP DE 5.02 05/17/07 WaMu Asset Acceptance Corp. DE 9.01 05/22/07 WaMu Mortgage Pass-Through Certificat DE 6.01 05/23/07 WESTERN ASSET 2008 WORLDWIDE DOLLAR G MD 8.01,9.01 05/23/07 WESTERN ASSET EMERGING MARKETS DEBT F 8.01,9.01 05/23/07 WESTERN ASSET EMERGING MARKETS FLOATI MD 8.01,9.01 05/23/07 WESTERN ASSET EMERGING MARKETS FLOATI MD 8.01,9.01 05/23/07 WESTERN ASSET EMERGING MARKETS INCOME MD 8.01,9.01 05/23/07 WESTERN ASSET EMERGING MARKETS INCOME MD 8.01,9.01 05/23/07 WESTERN ASSET GLOBAL HIGH INCOME FUND 8.01,9.01 05/23/07 WESTERN ASSET GLOBAL PARTNERS INCOME MD 8.01,9.01 05/23/07 WESTERN ASSET HIGH INCOME FUND II INC 8.01,9.01 05/23/07 WESTERN ASSET HIGH INCOME FUND INC. MD 8.01,9.01 05/23/07 WESTERN ASSET HIGH INCOME FUND INC. MD 8.01,9.01 05/23/07 WESTERN ASSET HIGH INCOME OPPORTUNITY MD 8.01,9.01 05/23/07 WESTERN ASSET INTERMEDIATE MUNI FUND MD 8.01,9.01 05/23/07 WESTERN ASSET MANAGED HIGH INCOME FUN NY 8.01,9.01 05/23/07 WESTERN ASSET MANAGED MUNICIPALS FUND 8.01,9.01 05/23/07 WESTERN ASSET MUNICIPAL HIGH INCOME F 8.01,9.01 05/23/07 WESTERN ASSET VARIABLE RATE STRATEGIC 8.01,9.01 05/23/07 WESTERN ASSET WORLDWIDE INCOME FUND I MD 8.01,9.01 05/23/07 WESTERN ASSET ZENIX INCOME FUND INC. 8.01,9.01 05/23/07 WESTPAC SECURITISATION MANAGEMENT PTY 8.01,9.01 05/23/07 WESTPAC SECURITISATION MANAGEMENT PTY 8.01,9.01 05/23/07 WET SEAL INC DE 8.01,9.01 05/21/07 WET SEAL INC DE 2.02,9.01 05/23/07 Whitestone REIT TX 7.01,9.01 05/21/07 WITNESS SYSTEMS INC DE 8.01,9.01 05/23/07 WOIZE INTERNATIONAL LTD. 5.02 05/15/07 WRIGHT MEDICAL GROUP INC DE 5.02 02/13/07 AMEND WRIGHT MEDICAL GROUP INC DE 5.02 03/30/07 AMEND XECHEM INTERNATIONAL INC DE 5.02 05/17/07 XTO ENERGY INC DE 8.01 05/23/07 YRC WORLDWIDE INC DE 1.01,5.02,8.01,9.01 05/17/07 Zumiez Inc 2.02,9.01 05/23/07