Schedule 13d
| Filed by: | HEINRICHS R STEPHEN |
| Subject Company: | AVISTAR COMMUNICATIONS CORPORATION |
| Filed as of Date: | 06/30/2008 |
| View Original Filing on Edgar's | |
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UNITED STATES |
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SECURITIES AND EXCHANGE COMMISSION |
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Washington, D.C. 20549 |
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SCHEDULE 13D |
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Under
the Securities Exchange Act of 1934
(Amendment No. 4)*
Avistar Communications Corporation
(Name of Issuer)
Common Stock, $0.001 par value
(Title of Class of Securities)
05379X208
(CUSIP Number)
R. Stephen Heinrichs
P.O. Box 9093
Incline Village, NV 89452
Telephone: (775) 691-2217
(Name,
Address and Telephone Number of Person
Authorized to Receive Notices and Communications)
February 20, 2008
(Date
of Event Which Requires Filing of this Statement)
If the filing person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of §§240.13d-1(e), 240.13d-1(f) or 240.13d-1(g), check the following box. o
Note: Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See Rule 13d-7 for other parties to whom copies are to be sent.
* The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page.
The information required on the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).
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CUSIP No. 05379X208 |
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1. |
Names of Reporting Persons |
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2. |
Check the Appropriate Box if a Member of a Group (See Instructions) |
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(a) |
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(b) |
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3. |
SEC Use Only |
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4. |
Source
of Funds (See Instructions) |
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5. |
Check if Disclosure of Legal Proceedings Is Required Pursuant to Items 2(d) or 2(e) o |
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6. |
Citizenship or Place of
Organization |
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Number of |
7. |
Sole
Voting Power |
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8. |
Shared
Voting Power |
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9. |
Sole
Dispositive Power |
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10. |
Shared Dispositive Power |
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11. |
Aggregate
Amount Beneficially Owned by Each Reporting Person |
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12. |
Check if the Aggregate Amount in Row (11) Excludes Certain Shares (See Instructions) o |
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13. |
Percent
of Class Represented by Amount in Row (11) |
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14. |
Type
of Reporting Person (See Instructions) |
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2
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Item 1. |
Security and Issuer |
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This Amendment No. 4 amends the Statement on Schedule 13D filed with the Securities and Exchange Commission (the “Commission”) on October 28, 2003 (the “Original Schedule 13D”) and amended on July 14, 2004 (“Amendment No. 1”), on February 11, 2005 (“Amendment No. 2”) and January 25, 2008 (“Amendment No. 3”) by R. Stephen Heinrichs. This Schedule 13D relates to shares of common stock, $0.001 par value per share of Avistar Communications Corporation, a Delaware corporation (the "Issuer"), with its principal executive office at 1875 South Grant Stret, 10th Floor, San Mateo, California 94402. Unless otherwise defined herein, all capitalized terms shall have the meanings ascribed to them in the Schedule 13D. |
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Item 2. |
Identity and Background |
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(a) This Amendment is being filed by R. Stephen Heinrichs.
(b) Mr. Heinrichs’ address is P.O. Box 9093, Incline Village, Nevada 89452.
(c) Until April 2001, Mr. Heinrichs was employed by the Issuer as its Chief Financial Officer and Secretary. Mr. Heinrichs is presently retired and is no longer employed by the Issuer. Mr. Heinrichs serves as a member of the board of directors of the Issuer.
(d) During the past five years, the Reporting Person has not been convicted in a criminal proceeding (excluding traffic violations and misdemeanors).
(e) During the past five years, the Reporting Person has not been party to a civil proceeding of a judicial or administrative body of competent jurisdiction, where, as a result of such proceeding the Reporting Person is subject to a judgment, decree or final order enjoining future violations of, or prohibiting or mandating activities subject to, federal or state securities laws or any finding of any violation with respect to such laws.
(f) Mr. Heinrichs is a citizen of the United States of America. |
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Item 3. |
Source and Amount of Funds or Other Consideration |
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The ownership of shares of the Issuer’s common stock previously reported in the Original Schedule 13D and in Amendments No. 1, No. 2 and No. 3 is hereby amended to include the following information:
Mr. Heinrichs has acquired shares of the Issuer's common stock through open market purchases during 2008 using his personal funds. A summary of the shares acquired follows |
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Date |
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Number of Shares |
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Price Per Share |
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Total Price Paid |
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02/20/08 |
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500 |
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$ |
1.01 |
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$ |
505.00 |
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02/20/08 |
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6,000 |
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1.05 |
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6,300.00 |
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05/02/08 |
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900 |
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0.83 |
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747.00 |
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05/05/08 |
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14,101 |
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0.8985 |
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12,669.75 |
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05/06/08 |
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7,100 |
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0.9799 |
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6,957.29 |
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05/07/08 |
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10,000 |
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0.9493 |
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9,493.00 |
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05/08/08 |
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100 |
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1,00 |
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100.00 |
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05/08/08 |
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22,400 |
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0.99 |
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22,176.00 |
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05/09/08 |
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1,500 |
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1.04 |
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1,560.00 |
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05/09/08 |
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2,400 |
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1.05 |
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2,520.00 |
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05/12/08 |
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19,601 |
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0.98 |
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19,208.98 |
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05/12/08 |
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7,200 |
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1.00 |
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7,200.00 |
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3
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Date |
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Number of Shares |
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Price Per Share |
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Total Price Paid |
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05/13/08 |
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100 |
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0.98 |
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98.00 |
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05/13/08 |
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100 |
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0.99 |
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99.00 |
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05/13/08 |
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100 |
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1.00 |
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100.00 |
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05/13/08 |
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9,700 |
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1.01 |
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9,797.00 |
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05/13/08 |
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1,300 |
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1.03 |
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1,339.00 |
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05/14/08 |
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400 |
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1.03 |
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412.00 |
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05/15/08 |
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8,600 |
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1.03 |
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8,858.00 |
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05/16/08 |
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100 |
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0.99 |
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99.00 |
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05/16/08 |
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1,500 |
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1.08 |
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1,620.00 |
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05/16/08 |
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791 |
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1.04 |
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822.64 |
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05/19/08 |
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1,309 |
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1.03 |
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134.83 |
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05/19/08 |
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300 |
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1.04 |
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312.00 |
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05/20/08 |
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250 |
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1.04 |
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260.00 |
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05/21/08 |
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4,099 |
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1.05 |
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4,303.95 |
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05/28/08 |
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200 |
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1.05 |
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210.00 |
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05/28/08 |
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2,100 |
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1.06 |
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2,226.00 |
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05/28/08 |
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6,835 |
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1.07 |
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7,313.45 |
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TOTALS: |
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123,196 |
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$ |
127,441.89 |
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Item 4. |
Purpose of Transaction |
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The acquisition of the Issuer's common stock by Mr. Heinrichs through open market purchases were for investment purposes only and were not intended to, and did not, affect any change in the control of the Issuer. |
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Item 5. |
Interest in Securities of the Issuer |
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(a) Mr. Heinrichs beneficially owns 5,416,046 shares of the Issuer's common stock, including 5,020,952 shares held in a revocable trust and 395,094 shares held in an investment corporation, or 15.67% of the 34,547,139 shares of Issuer's common stock outstanding as of May 5, 2008. Mr. Heinrichs has the sole power to vote, direct the vote, dispose and direct the disposition of such shares of the Issuer's common stock.
Mr. Heinrichs also beneficially owns $1,000,000 principal amount of 4.5% convertible subordinated secured promissory notes due 2010 that are expected to become convertible into common stock of the Issuer on January 4, 2009. Mr. Heinrichs has the sole power to dispose and direct the disposition of such notes.
(b) There is no shared power to vote or to direct the vote, or shared power to dispose or to direct the disposition, of any shares of common stock referenced in paragraph 5(a).
(c) Except as reported herein, Mr. Heinrichs has not engaged in any transactions in the common stock of the Issuer during the past 60 days. |
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4
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Item 6. |
Contracts, Arrangements, Understandings or Relationships with Respect to Securities of the Issuer |
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Mr. Heinrichs has entered into revocable trust agreements for estate planning purposes through which he owns a substantial majority of his interests in the Issuer. Mr. Heinrichs has the sole voting and dispositive power over shares held by his revocable trusts and may revoke such trusts at his sole discretion.
Mr. Heinrichs currently holds options to purchase common stock of the Issuer totaling 450,000 shares, of which options to purchase 93,750 shares are exercisable within 60 days of May 31, 2008. |
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Item 7. |
Material to be Filed as Exhibits |
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None |
5
Signature
After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct.
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June 27, 2008 |
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Date |
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Signature |
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Name/Title |
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