SEC NEWS DIGEST Issue 2003-101 May 28, 2003 COMMISSION ANNOUNCEMENTS SEC IMPLEMENTS INTERNAL CONTROL PROVISIONS OF SARBANES-OXLEY ACT; ADOPTS INVESTMENT COMPANY R&D SAFE HARBOR On May 27, the Commission voted to adopt rules concerning management's report on internal control over financial reporting and certification of disclosures in Exchange Act periodic reports. The Commission also voted to adopt new Rule 3a-8 under the Investment Company Act to provide a nonexclusive safe harbor from the definition of investment company for certain research and development companies. Management's report on internal control over financial reporting and certification of disclosure in Exchange Act periodic reports The Commission voted to adopt rule and form amendments to implement requirements of Section 404 of the Sarbanes-Oxley Act of 2002. Management's Report on Internal Control over Financial Reporting Section 404 of the Act directs the Commission to adopt rules requiring each annual report of a company, other than a registered investment company, to contain (1) a statement of management's responsibility for establishing and maintaining an adequate internal control structure and procedures for financial reporting; and (2) management's assessment, as of the end of the company's most recent fiscal year, of the effectiveness of the company's internal control structure and procedures for financial reporting. Section 404 also requires the company's auditor to attest to, and report on management's assessment of the effectiveness of the company's internal controls and procedures for financial reporting in accordance with standards established by the Public Company Accounting Oversight Board. The Commission received over 60 comments on the Section 404 proposals that expressed general overall support for the Commission's approach to implementing Section 404 of the Act. The adopting release will incorporate a number of changes recommended by commenters. Under the final rules, management's annual internal control report will have to contain: * a statement of management's responsibility for establishing and maintaining adequate internal control over financial reporting for the company; * a statement identifying the framework used by management to evaluate the effectiveness of this internal control; * management's assessment of the effectiveness of this internal control as of the end of the company's most recent fiscal year; and * a statement that its auditor has issued an attestation report on management's assessment. Under the new rules, management must disclose any material weakness and will be unable to conclude that the company's internal control over financial reporting is effective if there are one or more material weaknesses in such control. Furthermore, the framework on which management's evaluation is based will have to be a suitable, recognized control framework that is established by a body or group that has followed due-process procedures, including the broad distribution of the framework for public comment. The new rules implementing Section 404 of the Act will define the term "internal control over financial reporting" to mean a process designed by, or under the supervision of, the registrant's principal executive and principal financial officers, or persons performing similar functions, and effected by the registrant's board of directors, management and other personnel, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles and includes those policies and procedures that * pertain to the maintenance of records that in reasonable detail accurately and fairly reflect the transactions and dispositions of the assets of the registrant; * provide reasonable assurance that transactions are recorded as necessary to permit preparation of financial statements in accordance with generally accepted accounting principles, and receipts and expenditures of the registrant are being made only in accordance with authorizations of management and directors of the registrant; and * provide reasonable assurance regarding prevention or timely detection of unauthorized acquisition, use or disposition of the registrant's assets that could have a material effect on the financial statements. The Commission also voted to adopt amendments requiring companies to perform quarterly evaluations of changes that have materially affected or are reasonably likely to materially affect the company's internal control over financial reporting. Compliance with the rules regarding management's report on internal controls will be required as follows: companies, other than foreign private issuers, meeting the definition of an "accelerated filer" in Exchange Act Rule 12b-2 (generally, U.S. companies that have equity market capitalization over $75 million and have filed an annual report with the Commission) will be required to comply with the management report on internal control over financial reporting requirements for fiscal years ending on or after June 15, 2004, and all other issuers, including small business issuers and foreign private issuers, will be required to comply for their fiscal years ending on or after April 15, 2005. Certifications The final rules will amend the exhibit requirements for periodic reports to add the certifications required by Sections 302 and 906 of the Sarbanes-Oxley Act to the list of required exhibits to be included in reports filed with the Commission. Under the final rules, the specific form and content of the Section 302 certification will be set forth in the applicable exhibit filing requirements for a company's periodic reports. The amendments will permit companies to "furnish" rather than "file" the Section 906 certifications with the Commission. Thus, the certifications will not be subject to liability under Section 18 of the Exchange Act. Moreover, the certifications will not be subject to automatic incorporation by reference into a company's Securities Act registration statements, which are subject to liability under Section 11 of the Securities Act, unless the issuer takes steps to include the certifications in a registration statement. The rules and form amendments concerning Section 302 and Section 906 certifications generally will become effective sixty days after their publication in the Federal Register. Rule 3a-8 As adopted by the Commission, new Rule 3a-8 under the Investment Company Act will modernize the test that R&D companies use in determining their status under the Act. R&D companies tend to have few tangible assets and often hold large amounts of capital in liquid instruments so that funds are readily available for research and development activities. Some R&D companies also enter into strategic alliances that may include a strategic investment, where one R&D company purchases a non-controlling securities position in another company. As a result, an R&D company may fall within the definition of investment company. The new rule will serve as a nonexclusive safe harbor from the definition of investment company in Section 3(a)(1) of the Act. The analysis set forth in the new rule generally will focus on an R&D company's use of its capital and other indicia of the company's primary engagement in a non-investment business. Generally, a company will be eligible to rely on the rule's nonexclusive safe harbor if it: * has research and development expenses that are a substantial percentage of its total expenses for its last four fiscal quarters combined and that equal at least half of its net income derived from investments in securities for that period; * has investment-related expenses that do not exceed five percent of its total expenses for its last four fiscal quarters combined; * makes its investments to conserve capital and liquidity until it uses the funds in its primary business subject to certain exceptions; and * is primarily engaged, directly or through a company or companies that it controls primarily, in a noninvestment business, as evidenced by the activities of its officers, directors and employees, its public representations of policies, and its historical development. The new rule will become effective sixty days after its publication in the Federal Register. The full text of detailed releases concerning each of these items will be posted to the SEC Web site as soon as possible. (Press Rel. 2003-66) CHANGE IN THE MEETING: ADDITIONAL ITEM The following item has been added to the closed meeting held on Wednesday, May 28: Litigation matter. 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) 942-7070. ENFORCEMENT PROCEEDINGS FINDINGS MADE AND SANCTIONS IMPOSED AGAINST R. CHRISTOPHER HANNA The Commission has issued an Order Instituting Public Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934, Making Findings, and Imposing Remedial Sanctions (Order) against Respondent R. Christopher Hanna (Hanna). At all relevant times, Hanna was a registered representative associated with Donaldson, Lufkin & Jenrette, an affiliate of Credit Suisse First Boston, a registered broker-dealer. The Commission's Order finds that on May 14, 2003, a Final Judgment of Permanent Injunction and Other Relief, by Hanna's consent, was entered against him, permanently enjoining him from further violations of Section 17(a) of the Securities Act of 1933, and Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder. Hanna submitted, and the Commission accepted, an Offer of Settlement whereby he consented to the entry of the Order, without admitting or denying the findings contained therein except as to jurisdiction and the entry of the permanent injunction. The Commission, based upon the findings and the Offer of Settlement, barred Hanna from association with any broker or dealer. (Rel. 34-47931; File No. 3-11136) SEC INSTITUTES ADMINISTRATIVE PROCEEDINGS AGAINST KEITH GREENBERG BASED ON ENTRY OF INJUNCTION The Commission today instituted administrative proceedings against Keith G. Greenberg (Greenberg), co-founder of U.S. Diagnostic, Inc. (USDL), based on the entry of an injunction against him in SEC v. Keith Greenberg, et al. (00-9109-CIV) (S.D. Fla.). In the Order Instituting Administrative Proceedings and Notice of Hearing Pursuant to Section 15(b) of the Securities Exchange Act of 1934 (Order), the Division of Enforcement alleges that on April 4, 2002, the U.S. District Court for the Southern District of Florida entered a final judgment of permanent injunction by default against Greenberg and Coyote Consulting and Financial Services, LLP (Coyote), a private Florida company controlled by Greenberg, permanently enjoining Greenberg from violating Section 17(a) of the Securities Act of 1933, Sections 10(b) and 15(a) of the Securities Exchange Act of 1934 (Exchange Act) and Rule 10b-5 thereunder, and from aiding and abetting violations of Section 13(a) of the Exchange Act and Rules 12b-20, 13a-1, and 13a-13 thereunder, and permanently enjoining Coyote from violating Section 15(a) of the Exchange Act. The final judgment also barred Greenberg from acting as an officer or director of any public company. The District Court also held Greenberg and Coyote liable for civil penalties and jointly and severally liable for disgorgement. In August 2002, following an evidentiary hearing, U.S. Magistrate Judge Frank J. Lynch, Jr. filed a report recommending that Greenberg and Coyote be held jointly and severally liable for $3,828,000 in disgorgement and $1,987,346 in prejudgment interest, that a maximum third-tier civil penalty of $100,000 be imposed on Greenberg, and that a maximum third-tier civil penalty of $500,000 be imposed on Coyote. U.S. District Judge Hurley adopted the recommending report in its entirety. According to the Order, the Commission filed a civil injunctive action in December 2000 against Greenberg and Coyote, alleging that Greenberg prepared or directed the preparation of numerous public statements by USDL which identified him as an officer of the company, but which fraudulently failed to disclose his criminal conviction and his injunction in previous litigation with the Commission. The Commission's complaint additionally alleged that Coyote, through Greenberg, acted as a broker without registering with the Commission. A hearing will be scheduled before an administrative law judge to determine whether the allegations contained in the Order are true, to provide Greenberg an opportunity to dispute the allegations, and to determine what sanctions, if any, are in the public interest. (Rel. 34- 47934; File No. 3- 11137) FORMER ANADARKO EMPLOYEE AND TIPPEE CHARGED WITH FRAUD IN HOUSTON, TEXAS INSIDER TRADING SCHEME On May 20, the Commission charged Gregory D. Frazier and Stephen A. Hamrick with insider trading. The complaint alleged that Frazier purchased shares of Howell Corporation (Howell) common stock, based on material non-public information that his employer, Anadarko Petroleum Company (Anadarko), would acquire Howell. The complaint further alleged that Frazier tipped his brother-in-law, Hamrick, who also purchased Howell shares. The Commission's complaint alleged that Frazier and Hamrick violated Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. Simultaneously with the filing of its action, the SEC accepted offers of settlement in which Frazier and Hamrick agreed, without admitting or denying the allegations in the complaint, to the entry of an order permanently enjoining each of them from further violations of the securities laws. Frazier agreed to disgorge $54,616 in illegal profits, plus $1,281 in prejudgment interest; and to pay a civil money penalty in the amount of $27,308. Hamrick agreed to disgorge $13,839 in illegal profits, plus $266 prejudgment interest; and to pay a civil money penalty in the amount of $13,839. In assessing the penalty amounts, the Commission considered Frazier's and Hamrick's cooperation in the Commission's investigation. [SEC v. Gregory D. Frazier and Stephen A. Hamrick, Defendants, Civil Action No. 03-CV-1718, USDC, SDTX, Houston Division] (LR-18158) INVESTMENT COMPANY ACT RELEASES SAGE LIFE ASSURANCE OF AMERICA, INC., ET AL. A notice has been issued giving interested persons until May 22 to request a hearing on an application filed by Sage Life Assurance of American, Inc., The Sage Variable Annuity Account A and the Sage Variable Life Account A (collectively, Applicants). Applicants seek an order pursuant to Section 26(c) of the Investment Company Act approving the substitution of shares of the following portfolios of the Sage Life Investment Trust with shares of other portfolios of other variable insurance products funds as follows: (1) shares of the S&P 500r Equity Index Fund with Series I shares of the AIM V.I. Premier Equity Fund; (2) shares of the Nasdaq-100 Indexr Fund with shares of the Oppenheimer Capital Appreciation Fund/VA; (3) shares of the All-Cap Growth Fund with shares of the Oppenheimer Capital Appreciation Fund/VA; and (4) shares of the Money Market Fund with Series I shares of the AIM V.I. Money Market Fund. (Rel. IC-26040 - May 1) SELF-REGULATORY ORGANIZATIONS IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGES A proposed rule change filed by the Boston Stock Exchange (SR-BSE-2003- 06) making certain deletions and minor additions to the Exchange's Nasdaq trading rules in order to reinstate its Nasdaq trading program has become effective under Section 19(b)(3)(A) of the Act. Publication is expected in the Federal Register during the week of May 26. (Rel. 34- 47913) A proposed rule change (SR-NASD-2003-86) filed by the National Association of Securities Dealers, through its subsidiary, The Nasdaq Stock Market, Inc., relating to fees for the reporting of SuperMontage transactions through the Automated Confirmation Transaction Service has become immediately effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of May 26. (Rel. 34-47919) A proposed rule change (SR-PCX-2003-19) filed by the Pacific Exchange relating to Exchange fees and charges has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication of the proposal is expected in the Federal Register during the week of May 26. (Rel. 34-47926) The Depository Trust Company filed a proposed rule change (SR-DTC-2003- 05), which became effective upon filing under Section 19(b)(3)(A) of the Securities Exchange Act. The proposed rule change allows participants to submit affidavits of loss through DTC's Reorg Deposits service. Publication of the proposal is expected in the Federal Register during the week of May 26. (Rel. 34-47927) A proposed rule change filed by the New York Stock Exchange (SR-NYSE- 2003-15) relating to amendments to arbitration has become immediately effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication of the proposal is expected in the Federal Register during the week of June 2, 2003. (Rel. 34-47929) PROPOSED RULE CHANGE The American Stock Exchange filed a proposed rule change and Amendment No. 1 thereto (SR-Amex-2002-112) relating to its performance evaluation and allocations procedures. Publication of the proposal is expected in the Federal Register during the week of May 26. (Rel. 34-47914) DELISTING GRANTED An order has been issued granting the application of the Pacific Exchange to strike from listing and registration certain call and put options contracts issued by The Options Clearing Corporation, respecting certain underlying securities of Alcon, Inc., Entegris, Inc., ITT Industries, Inc., Petsmart, Inc. and Sovereign Bancorp, Inc., effective at the opening of business on May 29. (Rel. 34-47932) 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 450 Fifth Street, N.W., Washington, D.C. 20549 or at the following e-mail box address: . In most cases, this information is also available on the Commission's website: . S-1 HEWITT ASSOCIATES INC, 11,538,137 ($243,800,834.81) Equity, (File 333-105560 - May. 27) (BR. 08) S-4 ZIMMER HOLDINGS INC, 345 EAST MAIN STREET, WARSAW, IN, 46580, 2192676131 - 0 ($1,647,489,864.03) Equity, (File 333-105561 - May. 27) (BR. 36) S-4 ZIMMER HOLDINGS INC, 345 EAST MAIN STREET, WARSAW, IN, 46580, 2192676131 - 0 ($340,352,989.00) Equity, (File 333-105562 - May. 27) (BR. 36) S-8 CNET NETWORKS INC, 235 SECOND STREET, SAN FRANCISCO, CA, 94105, 4153442000 - 4,000,000 ($17,300,000.00) Equity, (File 333-105563 - May. 27) (BR. 05) SB-2 BACK CHANNEL INVESTMENTS INC, 24351 PASTO RD, STE B, DANA POINT, CA, 92629, 9494892400 - 3,000,000 ($30,000.00) Equity, (File 333-105564 - May. 27) (BR. 09) S-8 ATLAS MINERALS INC, 10920 W. ALAMEDA AVENUE, SUITE 205, LAKEWOOD, CO, 80226, 3033060823 - 787,500 ($126,250.00) Equity, (File 333-105565 - May. 27) (BR. 04) N-2 PIONEER HIGH INCOME TRUST, 60 STATE ST., 19TH FL., BOSTON, MA, 02109, 6174224960 - 40 ($1,000,000.00) Equity, (File 333-105566 - May. 27) (BR. 16) S-8 SCHERING PLOUGH CORP, ONE GIRALDA FARMS, MADISON, NJ, 07940-1000, 9738227000 - 0 ($86,350,000.00) Equity, (File 333-105567 - May. 27) (BR. 01) S-8 SCHERING PLOUGH CORP, ONE GIRALDA FARMS, MADISON, NJ, 07940-1000, 9738227000 - 0 ($1,727,000.00) Equity, (File 333-105568 - May. 27) (BR. 01) SB-2 HARMONICA ACQUISITION CORP, C/O CASSIDY & ASSOCIATES, 1504 R STREET NW, WASHINGTON, DC, 20009, 2023875400 - 6,000,000 ($1,500,000.00) Equity, (File 333-105569 - May. 27) (BR. 09) F-8 BROOKFIELD PROPERTIES CORP, BCE PLACE, 181 BAY ST STE 4400, TORONTO ONTARIO CANA, A6, 00000, 4163598647 - 0 ($14,063,528.00) Equity, (File 333-105573 - May. 27) (BR. 08) S-8 RIGHT MANAGEMENT CONSULTANTS INC, 1818 MARKET ST, 14TH FL, PHILADELPHIA, PA, 19103, 2159881588 - 1,000,000 ($12,250,000.00) Equity, (File 333-105574 - May. 27) (BR. 08) S-8 WILLIAMS INDUSTRIES INC, 8624 JD READING DR, MANASSAS, VA, 20109, 703357800 - 200,000 ($788,000.00) Equity, (File 333-105576 - May. 27) (BR. 06) S-3 TELULAR CORP, 647 N LAKEVIEW PKWAY, 920 DEERFIELD PKWY, VERNON HILLS, IL, 60061, 8474654500 - 166,309 ($658,583.64) Equity, (File 333-105577 - May. 27) (BR. 03) S-8 MEDIMMUNE INC /DE, 35 W WATKINS MILL RD, GAITHERSBURG, MD, 20878, 3014170770 - 6,000,000 ($199,290,000.00) Equity, (File 333-105578 - May. 27) (BR. 01) S-8 MEDIMMUNE INC /DE, 35 W WATKINS MILL RD, GAITHERSBURG, MD, 20878, 3014170770 - 800,000 ($26,572,000.00) Equity, (File 333-105579 - May. 27) (BR. 01) S-8 CLASSICA GROUP INC, 1835 SWARTHMORE AVENUE, LAKEWOOD, NJ, 08701, 7323633800 - 1,000,000 ($580,000.00) Equity, (File 333-105580 - May. 27) (BR. 04) S-3 ICOS CORP / DE, 22021-20TH AVENUE S.E.,, BOTHELL, WA, 98021, 2064851900 - 0 ($150,000,000.00) Unallocated (Universal) Shelf, (File 333-105581 - May. 27) (BR. 01) S-3 MILLENNIUM CELL INC, INDUSTRIAL WAY WEST, EATONTOWN, NJ, 07724, 7325424000 - 0 ($6,705,960.00) Equity, (File 333-105582 - May. 27) (BR. 36) S-8 E PIPHANY INC, 1900 S NORFOLK ST, SUITE 310, SAN MATEO, CA, 94403, 6504962430 - 2,912,805 ($12,423,113.00) Other, (File 333-105583 - May. 27) (BR. 08) S-8 PAN PACIFIC RETAIL PROPERTIES INC, 1631-B S MELROSE DR, VISTA, CA, 92083, 7607271002 - 668,832 ($26,626,202.00) Equity, (File 333-105585 - May. 27) (BR. 08) RECENT 8K FILINGS Form 8-K is used by companies to file current reports on the following events: Item 1. Changes in Control of Registrant. Item 2. Acquisition or Disposition of Assets. Item 3. Bankruptcy or Receivership. Item 4. Changes in Registrant's Certifying Accountant. Item 5. Other Materially Important Events. Item 6. Resignations of Registrant's Directors. Item 7. Financial Statements and Exhibits. Item 8. Change in Fiscal Year. Item 9. Regulation FD Disclosure. The following companies have filed 8-K reports for the date indicated and/or amendments to 8-K reports previously filed, responding to the item(s) of the form specified. 8-K reports may be obtained in person or by writing to the Commission's Public Reference Branch at 450 Fifth Street, N.W., Washington, D.C. 20549 or at the following e-mail box address: . In most cases, this information is also available on the Commission's website: . STATE 8K ITEM NO. NAME OF ISSUER CODE 1 2 3 4 5 6 7 8 9 DATE COMMENT ---------------------------------------------------------------------------------- ABFS MORTGAGE LOAN TRUST 2003 1 DE X X 03/25/03 ABRAXAS PETROLEUM CORP NV X 05/27/03 ACTIVE IQ TECHNOLOGIES INC CO X X 03/14/03 AMEND ADELPHIA COMMUNICATIONS CORP DE X 04/30/03 AIRNET SYSTEMS INC OH X X 05/23/03 AMERON INTERNATIONAL CORP DE X 05/27/03 APPLIED MICROSYSTEMS CORP /WA/ WA X 05/22/03 ARAHOVA COMMUNICATIONS INC DE X 04/30/03 ARTISOFT INC DE X X 05/27/03 ARVINMERITOR INC IN X 05/20/03 BACK CHANNEL INVESTMENTS INC DE X X X 05/20/03 BLUE RHINO CORP DE X X 05/27/03 BROWN FORMAN CORP DE X 05/23/03 C&D TECHNOLOGIES INC DE X X 05/27/03 CALPINE CORP DE X 05/23/03 CAMCO FINANCIAL CORP DE X X 05/27/03 CANDIES INC DE X X X 05/27/03 CENTRAL VERMONT PUBLIC SERVICE CORP VT X 05/27/03 CHANDLER USA INC OK X 05/13/03 CHEVY CHASE AUTO RECEIVABLES TRUST 20 MD X 04/30/03 CHEVY CHASE AUTO RECEIVABLES TRUST 20 MD X 04/30/03 CHEVY CHASE AUTO RECEIVABLES TRUST 20 X 04/30/03 CHEVY CHASE AUTO RECEIVABLES TRUST 20 MD X 04/30/03 CHEVY CHASE AUTO RECEIVABLES TRUST 20 MD X 04/30/03 CHEVY CHASE HOME LOAN TRUST 1996-1 MD X 04/30/03 CHEVY CHASE HOME LOAN TRUST 1997-1 MD X 04/30/03 CIBER INC DE X 01/23/03 AMEND CIT HOME EQUITY LOAN TRUST 2003-1 DE X X 04/30/03 CITIGROUP INC DE X X 05/27/03 COASTAL BANCORP INC TX X 05/27/03 COEUR D ALENE MINES CORP ID X X 05/23/03 CREDENCE SYSTEMS CORP DE X X 05/22/03 CWABS INC REVOLVING HM EQ LN AST BACK DE X X 05/15/03 CWABS INC REVOLVING HM EQU LN ASST BA DE X X 05/15/03 CWMBS INC DE X X 05/27/03 CYBERTEL COMMUNICATIONS CORP NV X X 12/31/02 AMEND DAYTON SUPERIOR CORP OH X X 05/27/03 DELTA AIR LINES INC /DE/ DE X X 05/27/03 DIMON INC VA X 05/27/03 DOMINION RESOURCES BLACK WARRIOR TRUS DE X X 05/20/03 DYNEGY INC /IL/ IL X X 05/21/03 DYNTEK INC DE X X 05/01/03 AMEND E CITYSOFTWARE INC NV X 05/23/03 ESTERLINE TECHNOLOGIES CORP DE X X 05/27/03 EXPERTELLIGENCE INC CA X 05/27/03 FANSTEEL INC DE X 05/27/03 FIDELITY NATIONAL FINANCIAL INC /DE/ DE X X 05/23/03 FIRST FINANCIAL HOLDINGS INC /DE/ DE X X 05/27/03 FIRST HORIZON ASSET SECURITIES INC DE X X 05/22/03 FIRST NATIONAL FUNDING LLC NE X 05/15/03 FISERV INC WI X 05/22/03 FRONTIERVISION HOLDINGS LP DE X 04/30/03 FRONTIERVISION OPERATING PARTNERS LP DE X 04/30/03 GE COMMERCIAL MORT CORP COM MORT PS T DE X X 05/27/03 GENEREX BIOTECHNOLOGY CORP DE X 05/23/03 GERON CORPORATION DE X X 05/23/03 GILLETTE CO DE X X 05/27/03 GLOBAL BOULEVARD INTERNATIONAL INC NV X 05/26/03 AMEND GLOBAL ENTERTAINMENT HOLDINGS/EQUITIE CO X X 05/13/03 GMACM HOME EQUITY LOAN TRUST 2003-HE2 DE X 05/27/03 GOVERNMENT TRUST 1 D IL X 05/15/03 GOVERNMENT TRUST 2 F IL X 05/15/03 GOVERNMENT TRUST 3 C IL X 05/15/03 GUSANA EXPLORATIONS INC X 05/27/03 HARLEY DAVIDSON CUSTOMER FUNDING CORP NV X X 04/30/03 AMEND HARVARD BIOSCIENCE INC DE X 03/12/03 AMEND HCB BANCSHARES INC OK X X 05/22/03 HEALTHCARE NETWORK SOLUTIONS INC DE X 05/27/03 HOLLINGER INTERNATIONAL INC DE X X 05/22/03 I LINK INC FL X X 05/01/03 IMCO RECYCLING INC DE X 03/14/03 AMEND IMPERIAL PARKING CORP DE X X 05/23/03 IMPERIAL PETROLEUM INC NV X 05/27/03 IMPSAT FIBER NETWORKS INC DE X X 05/23/03 INDUSTRIAL MINERALS INC DE X 05/27/03 INFINEX VENTURES INC NV X 05/08/03 JLG INDUSTRIES INC PA X X 05/27/03 KAYDON CORP DE X 05/23/03 KENTUCKY ELECTRIC STEEL INC /DE/ DE X X 05/19/03 KINDER MORGAN ENERGY PARTNERS L P DE X 05/27/03 LANVISION SYSTEMS INC DE X 05/27/03 LEHMAN BROTHERS HOLDINGS INC DE X 05/27/03 LIQUIDIX INC FL X X 04/22/03 LONGVIEW FIBRE CO WA X X 04/30/03 M&I AUTO LOAN TRUST 2002-1 DE X X 05/20/03 MAHASKA INVESTMENT CO IA X 05/09/03 MARVELL TECHNOLOGY GROUP LTD D0 X X 05/22/03 MEDWAVE INC MN X X 05/22/03 AMEND METRO ONE TELECOMMUNICATIONS INC OR X X X 05/26/03 MICRON ENVIRO SYSTEMS INC NV X 05/22/03 MORTGAGE ASSET SECURITIZATION TRANSAC DE X X 05/22/03 MORTGAGE ASSET SECURITIZATION TRANSAC DE X X 05/22/03 MOVIE STAR INC /NY/ NY X 05/20/03 NATIONAL MANAGEMENT CONSULTANTS INC DE X X 04/15/03 NATIONAL STEEL CORP DE X X 05/27/03 NATIONSLINK FUNDING CORP 1999-LTL-1 C DE X 05/01/03 NAVISTAR FINANCIAL RETAIL RECEIVABLES DE X 12/31/02 NAVISTAR FINANCIAL RETAIL RECEIVABLES DE X 01/31/03 NAVISTAR FINANCIAL RETAIL RECEIVABLES DE X 02/28/03 NISOURCE INC/DE DE X 05/27/03 NN INC DE X X 05/27/03 NORTHWESTERN CORP DE X X 05/23/03 OLYMPUS COMMUNICATIONS LP DE X 04/30/03 ONYX ACCEPTANCE OWNER TRUST 2003-A DE X 04/30/03 OPTIMAL ROBOTICS CORP X 05/22/03 OWENS CORNING DE X X 05/27/03 PATTERSON UTI ENERGY INC DE X X 05/26/03 PC TEL INC DE X X 05/12/03 PHARMANETICS INC NC X X 05/27/03 PLX TECHNOLOGY INC DE X X 05/22/03 POWER2SHIP INC NV X X 03/11/03 AMEND PROTERION CORP NJ X X 05/22/03 R F INDUSTRIES LTD NV X 06/30/03 REGAL CINEMAS CORP DE X X 05/23/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X 05/27/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X 05/27/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X 05/19/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X 05/19/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X 05/27/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X 05/27/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X 05/27/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X 05/27/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X 05/27/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X 05/27/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X 05/27/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X 05/27/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X 05/27/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X 05/27/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X X 05/27/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X X 05/27/03 RESIDENTIAL ASSET SECURITIES CORP DE X X 05/27/03 RESTORAGEN INC DE X X 05/12/03 RFS HOTEL INVESTORS INC TN X 05/20/03 SAGA COMMUNICATIONS INC DE X 05/27/03 SALOMON BROTHERS MORT SEC VII INC MOR DE X X 05/25/03 SANDERSON FARMS INC MS X X 05/27/03 SELIGMAN NEW TECHNOLOGIES FUND II INC MD X X 05/27/03 SELIGMAN NEW TECHNOLOGIES FUND INC X X 05/27/03 SEMTECH CORP DE X X 05/27/03 SEVEN SEAS PETROLEUM INC B0 X X X 05/02/03 AMEND SIGMA DESIGNS INC CA X X 05/27/03 SINCLAIR BROADCAST GROUP INC MD X 05/23/03 SMARTIRE SYSTEMS INC X 05/27/03 SOUTHERN UNION CO DE X X 05/12/03 SPIEGEL INC DE X X 05/27/03 STRUCTURED ASSET MORTGAGE INVESTMENTS DE X X 05/27/03 STRUCTURED ASSET MORTGAGE INVESTMENTS DE X X 05/30/03 T/R SYSTEMS INC GA X X 05/27/03 TENET HEALTHCARE CORP NV X 05/26/03 TERADYNE INC MA X X 05/22/03 THOMAS & BETTS CORP TN X 05/27/03 TMBR SHARP DRILLING INC TX X X 05/26/03 TODD SHIPYARDS CORP WA X 05/27/03 TOTAL HORIZON INC NV X 05/19/03 AMEND TRANSMONTAIGNE INC DE X X 05/23/03 VA SOFTWARE CORP DE X X 05/22/03 VARIFLEX INC DE X 05/27/03 VERSATECH INC NV X 05/02/03 WARNACO GROUP INC /DE/ DE X X 05/27/03 WFS FINANCIAL 2003-1 OWNER TRUST CA X X 05/20/03 WORLDTEQ GROUP INTERNATIONAL INC NV X 05/27/03 YAHOO INC DE X X X 02/13/03 AMEND