SEC NEWS DIGEST Issue 2006-188 September 28, 2006 COMMISSION ANNOUNCEMENTS SEC VOTES TO ADOPT AMENDMENTS TO THE REDEMPTION FEE RULE AND EXTEND COMPLIANCE DATE The Commission voted on Sept. 26, 2006, to adopt amendments to Rule 22c-2, the redemption fee rule, under the Investment Company Act. The rule, which the Commission originally adopted in 2005, requires most mutual funds to enter into shareholder information agreements with intermediaries, such as broker-dealers, that hold shares on behalf of other investors. To help funds enforce restrictions on market timing and similar abusive transactions, these agreements provide funds access to information about the identity of customers involved in such transactions, including those made through so-called omnibus accounts. The rule also requires fund boards of directors to consider whether a redemption fee policy is appropriate for their funds. The amendments to Rule 22c 2 that the Commission has voted to adopt clarify the operation of the rule, and reduce the number of shareholder information agreements that funds must enter into with their intermediaries. The rule as originally adopted had a compliance date of Oct. 16, 2006. The amendments approved by the Commission will extend the compliance date for portions of the rule. The compliance date for entering into shareholder information agreements will be extended by 6 months, until April 16, 2007, and the date by which funds must be able to obtain information from intermediaries under those agreements will be extended by 12 months, until Oct. 16, 2007. (Press Rel. 2006-167) ENFORCEMENT PROCEEDINGS IN THE MATTER OF LANTRONIX, INC. On September 27, the Commission issued an Order Instituting Cease-and- Desist Proceedings, Making Findings, and Imposing a Cease-and-Desist Order Pursuant to Section 8A of the Securities Act of 1933 and Section 21C of the Securities Exchange Act of 1934 (Order) against Lantronix, Inc., headquartered in Irvine, California. The Order finds that Lantronix, through its former chief financial officer/chief operating officer, engaged in a scheme to overstate its financial results for the second and third quarters of fiscal year 2001, its fiscal year 2001 and the first quarter of fiscal year 2002. Lantronix designs, develops and markets network hardware and software solutions that enable network connectivity and system management for a broad range of devices and equipment. The scheme to inflate the company's revenues was effected primarily through artificially boosting sales by offering distributors special terms to induce them to purchase more product than they needed (a fraudulent practice known as "channel stuffing"). Lantronix artificially inflated reported revenue and earnings by deliberately sending excessive product to distributors and granting them expanded return rights and extended payment terms. In addition, as part of its channel stuffing scheme and to prevent imminent product returns, Lantronix loaned funds to a third party to purchase Lantronix product from one of its distributors. The third party later returned the product. Lantronix also engaged in other improper revenue recognition practices, including shipping product without a purchase order and recognizing revenue on a contingent sale. As a result of this scheme, Lantronix overstated its revenues for these periods by 2.24% to 21.42% and understated pre-tax losses by 12% to 98%. On June 25, 2002, Lantronix restated its periodic reports, which included fiscal year ended June 2001 and the quarter ended September 2001. Based on the above, the Commission ordered Lantronix to cease and desist from committing or causing any violations and any future violations of the antifraud provisions (Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder), the reporting provisions (Section 13(a) of the Exchange Act and Rules 12b-20, 13a-1, and 13a-13 thereunder), the record- keeping provision (Section 13(b)(2)(A) of the Exchange Act), and the internal controls provision (Section 13(b)(2)(B) of the Exchange Act) of the federal securities laws. Lantronix consented to the issuance of the Order without admitting or denying the Commission's findings. (Rels. 33-8745; 34-54525; AAE Rel. 2485; File No. 3-12441) IN THE MATTER OF DEUTSCHE INVESTMENT MANAGEMENT AMERICAS, INC., DEUTSCHE ASSET MANAGEMENT, INC., AND SCUDDER DISTRIBUTORS, INC. On September 28, the Commission filed a settled administrative and cease-and-desist order against Respondents Deutsche Investment Management Americas, Inc. (DIMA), Deutsche Asset Management, Inc. (DAMI), and Scudder Distributors, Inc. (SDI), the investment advisers and principal underwriter and distributor affiliated with the the Deutsche/Scudder Family of Funds Complex (the Funds). The Commission found that DIMA, DAMI and SDI failed to adequately communicate certain material facts to shareholders in the Scudder Funds and the boards of directors of the Scudder Funds (Fund Boards), including potential conflicts of interest that arose from SDI's arrangements with certain broker-dealers for marketing and distribution of the Scudder Funds within the broker-dealers' distribution systems, commonly known as "revenue sharing." The Commission's Order included the following findings, which Respondents neither admitted nor denied: * Between Jan. 1, 2001 and October 2003, SDI entered into revenue sharing agreements with broker-dealers to gain additional exposure for the Funds. These agreements provided for placement on certain broker-dealers' preferred or recommended fund lists, increased access to broker-dealers' registered representatives, placement on the brokers' websites, and participation in broker- dealer conferences, among other things. In addition to making cash payments for these revenue sharing agreements, SDI entered into agreements with eighteen broker-dealers to direct brokerage commissions on transactions that DIMA and DAMI placed for the Funds to particular broker-dealers, in exchange for the broker- dealers' agreement to reduce or eliminate the Respondents' revenue sharing costs. * During the relevant period, Respondents directed a gross total of $17,223,493 in brokerage commissions to these eighteen broker- dealers pursuant to pre-arranged directed brokerage targets and avoided revenue sharing costs of $14,223,493. * DIMA and DAMI failed to effectively communicate to the Fund Boards or to shareholders that SDI used fund brokerage commissions to satisfy its revenue sharing agreements. The failure to communicate these facts was a material omission that should have been disclosed to avoid misleading the Fund Boards and shareholders. * DIMA and DAMI violated Section 206(2) of the Investment Advisers Act, and Sections 17(d) and 34(b) of the Investment Company Act and Rule 17d-1 thereunder; and SDI aided and abetted and caused DIMA and DAMI's violations of Section 206(2) of the Investment Advisers Act and violated Section 17(d) of the Investment Company Act and Rule 17d-1 thereunder. The Commission censured DIMA, DAMI, and SDI; ordered each, respectively, to cease and desist from committing or causing any violations and any future violations of the provisions listed above; and ordered DIMA, DAMI and SDI to comply with certain remedial undertakings. Finally, the Commission ordered each respondent jointly and severally to pay disgorgement in the amount of $14,223,493, prejudgment interest in the amount of $2,106,236, and a civil penalty of $3,000,000. In a related separate proceeding, the NASD censured SDI for violating NASD Rules 2830(k) and 2110. (Rels. 34-54529; IA-2558; IC-27505; File No. 3-12442) IN THE MATTER OF WILLIAM SCOTT DELOACH, CPA On September 28, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Rule 102(e) of the Commission's Rules of Practice, Making Findings, and Imposing Remedial Sanctions (Order) against William Scott DeLoach. The Order finds that on Sept. 19, 2006, the U.S. District Court for the Southern District of Florida entered an order permanently enjoining DeLoach, by consent, from future violations of Sections 10(b) and 13(b)(5) of the Securities Exchange Act of 1934 (Exchange Act) and Rules 10b-5, 13a-14, 13b2-1, and 13b2-2 thereunder, and aiding and abetting violations of Sections 13(a), 13(b)(2)(A), and 13(b)(2)(B) of the Exchange Act and Rules 12b- 20, 13a-1, and 13a-13 thereunder. The Commission's complaint alleged, among other things, that, over the course of 13 years, DeLoach, with the assistance of two other PBSJ employees, embezzled more than $35 million of PBSJ funds. This fraudulent scheme resulted in numerous, material inaccuracies in PBSJ's financial statements and the impending restatements by the company of its financial statements for up to the past six years. The complaint alleged that DeLoach knowingly falsified PBSJ's books and records in an effort to conceal the massive theft and that, from 2004 through the first fiscal quarter of 2005, he certified several of PBSJ's annual and quarterly reports filed by PBSJ with the Commission that contained material misrepresentations as a result of his fraud. DeLoach also signed management representation letters to PBSJ's public auditors from several years, affirming that there had been no fraud at the company involving management. Based on the above, the Order suspends DeLoach from appearing or practicing before the Commission as an accountant. DeLoach consented to the issuance of the Order without admitting or denying any of the findings in the order. (Rel. 34-54532; AAE Rel. 2488; File No. 3- 12444) IN THE MATTER OF DIANE KAYSER (CPA) On September 28, the Commission instituted and simultaneously settled administrative proceedings against Diane Kayser, Excelligence Learning Corporation's former Chief Financial Officer, under Commission Rule of Practice 102(e). Kayser consented, without admitting or denying the Commission's findings, to a Commission Order suspending her from appearing or practicing before the Commission as an accountant, with a right to reapply after five years. The administrative proceedings were based on a federal court injunction entered against Kayser on Sept. 22, 2006. According to the Commission's complaint, Kayser fraudulently manipulated Excelligence's books and records, which resulted in Excelligence filing materially false and misleading financial statements in the company's annual report on Form 10-K for the fiscal year ended Dec. 31, 2004, and in the company's quarterly report on Form 10-Q for the first quarter of fiscal year 2005. The Commission's complaint also alleged that Respondent engaged in a number of improper accounting practices including, among other things, making unsupported journal entries and removing unpaid inventory invoices from payment processing. The complaint also alleged that Kayser made material misrepresentations and failed to disclose information to Excelligence's independent auditors. (Rel. 34-54534; AAE Rel. 2489; File No. 3-12445) IN THE MATTER OF MAURICE SERVETNICK On September 28, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934 and Section 203(f) of the Investment Advisers Act of 1940, Making Findings, and Imposing Remedial Sanctions (Order) against Maurice Servetnick. The Order finds that, from May 1994 until he retired in July 2004, Servetnick was a registered representative associated with Morgan Stanley Dean Witter Reynolds Inc. (MSDW), which is dually registered with the Commission as a broker-dealer and an investment adviser. The Order further finds that, on July 19, 2006, a final judgment was entered by consent against Servetnick, permanently enjoining him from future violations of Sections 10(b) and 15(a) of the Exchange Act and Rule 10b-5 thereunder in the civil action entitled SEC v. Jay Slesinger, et al., Civil Action Number 3:06cv839- CFD, in the U.S. District Court for the District of Connecticut. The Commission's complaint in that action alleged that, in connection with the initial public offering of NewAlliance Bancshares, Inc. (NewAlliance or the bank), Servetnick initiated an arrangement pursuant to which one of his clients provided money to a NewAlliance depositor to purchase the bank's stock as a nominee for the client. The Commission's complaint further alleged that Servetnick negotiated a separate arrangement whereby the same depositor purchased the bank's stock for another one of Servetnick's clients. Such arrangements were specifically prohibited by the NewAlliance prospectus. The Commission's complaint further alleged that, in connection with these arrangements, Servetnick solicited the depositor, facilitated the arrangements, and received compensation outside the scope of his employment with MSDW. Based on the above, the Order bars Servetnick from association with any broker, dealer, or investment adviser, with the right to reapply for association after one year to the appropriate self-regulatory organization, or if there is none, to the Commission. Servetnick consented to the issuance of the Order without admitting or denying any of the findings in the Order other than the entry of the final judgment enjoining him from future violations of Sections 10(b) and 15(a) of the Exchange Act and Rule 10b-5 thereunder, which he admitted. (Rels. 34-54535; IA-2559; File No. 3-12446) SEC CHARGES NORTHERN CALIFORNIA EDUCATION SOFTWARE COMPANY FOR FRAUDULENT STOCK OFFERING The Commission today charged principals of The Children's Internet, Inc., a Pleasanton, California-based company, with defrauding investors out of approximately $5.5 million. The Commission's complaint alleges that, unbeknownst to investors, only a tiny fraction of the money raised funded corporate operations, with the majority instead going towards luxury automobiles, gambling debts, and other personal expenses of the principals. Named in the Commission's action are The Children's Internet, Inc., Chief Executive Officer Sholeh A. Hamedani, 39, and her father, Nasser V. Hamedani, 68, both of Danville, Calif. In its complaint, filed in federal court in San Francisco, the Commission alleges that the Hamedanis fraudulently induced investors to purchase approximately 2.7 million shares of stock in The Children's Internet, a company which sells subscriptions to a children's internet product, by misrepresenting and omitting key facts. According to the Commission, investors were told, among other things, that the shares could be freely traded and would be listed on a national stock exchange shortly, none of which was true. The Commission's complaint also charges The Children's Internet and Sholeh Hamedani with making false filings with the Commission in furtherance of the scheme to defraud investors, and, in June 2005, filing a false restatement of previous financial statements in an effort to cover up the scheme. Also charged in the Commission's complaint are two stock promoters, Peter A. Perez, 40, of Boca Raton, Fla., and Cort L. Poyner, 37, of Delray Beach, Fla. The Commission charges Perez and Poyner with assisting in the sale of unregistered stock and making false statements and omitting material facts to induce investors to buy stock. The Commission's complaint charges Sholeh and Nasser Hamedani, Peter Perez, Cort Poyner, The Children's Internet, Inc., and Two Dog Net, Inc., another company controlled by the Hamedanis, with violations of the antifraud and registration provisions of the federal securities laws. The complaint also charges Sholeh Hamedani with causing The Children's Internet to report false financial information to the Commission and failing to maintain accurate books and records and adequate internal controls. The complaint further charges Sholeh Hamedani with circumventing internal accounting controls, with falsifying the company's books and records and with lying to accountants, among other claims. In addition, Perez and Poyner are charged with acting as unregistered broker-dealers. The Commission's lawsuit ultimately seeks the return of all ill-gotten investor funds as well as penalties and other relief from the defendants, including permanent injunctive relief, officer and director and penny stock bars against the Hamedanis, and penny stock bars against Poyner and Perez. [SEC v. The Children's Internet, Inc., Nasser V. Hamedani, Sholeh A. Hamedani, Peter A. Perez, Cort L. Poyner and Two Dog Net, Inc. Case No. C 06-6003 CW, NDCA] (LR-19849; AAE Rel. 2486) SEC CHARGES FORMER CFO OF LANTRONIX, INC. WITH FRAUDULENTLY INFLATING REVENUES AND EARNINGS The Commission today filed securities fraud charges against Steven V. Cotton, the former chief financial officer and chief operating officer of Lantronix, Inc., an Irvine, Calif. technology company, for perpetrating a scheme to defraud the investing public by falsely inflating Lantronix's financial results in its fiscal 2002 and 2001 years. Separately, Lantronix agreed to the issuance of an order that it cease and desist from future violations of the antifraud provisions of the federal securities laws. The Commission's complaint, filed in U.S. District Court in Los Angeles, California, alleges that Cotton, age 43, of Huntington Beach, California, orchestrated a scheme to inflate the company's revenues and earnings by deliberately sending excessive product to distributors and granting them undisclosed expanded return rights and unusual extended payment terms (a fraudulent practice known as channel stuffing). The complaint further alleges that, as part of the channel stuffing scheme and to prevent imminent product returns, Cotton caused Lantronix to loan funds to a third party to purchase Lantronix product from one of its distributors. According to the complaint, Lantronix, through Cotton, also engaged in other improper revenue recognition practices, including shipping product that had not been ordered and recognizing revenue on a contingent sale. The complaint alleges that as a result of Cotton's scheme, Lantronix overstated its revenues by up to 21 percent and understated pre-tax losses by up to 98 percent for its second and third quarters of fiscal year 2001, its fiscal year 2001, and the first quarter of fiscal 2002. Lantronix publicly reported its false financials in periodic reports on Form 10-Q and 10-K and in a registration statement for a public offering of stock in July 2001. Lantronix subsequently restated its financial results for the relevant periods. The complaint further alleges that Cotton made substantial profits from his scheme through bonuses and through the sale of Lantronix stock at artificially inflated prices. The Commission charged Cotton with violating the antifraud provisions, Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder; the record- keeping and internal controls provisions, Section 13(b)(5) of the Exchange Act and Rule 13b2-1; and the false statements to auditors provision, Rule 13b2-2 of the Exchange Act. Cotton was also charged with aiding and abetting Lantronix's violations of the reporting provisions, Section 13(a) of the Exchange Act and Rules 12b-20, 13a-1, and 13a-13 thereunder; the record-keeping provision, Section 13(b)(2)(A) of the Exchange Act; and the internal controls provision, Section 13(b)(2)(B) of the Exchange Act. The Commission seeks a permanent injunction against Cotton, an order that he repay his ill-gotten gains, civil monetary penalties, and an order barring him from serving as an officer or director of a publicly-traded company. The Commission also issued a cease-and-desist order against Lantronix requiring it to cease and desist from committing or causing any violations and any future violations of the antifraud provisions of Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder; the reporting provisions of Section 13(a) of the Exchange Act and Rules 12b-20, 13a-1, and 13a-13 thereunder; the record-keeping provision, Section 13(b)(2)(A) of the Exchange Act; and the internal controls provision, Section 13(b)(2)(B) of the Exchange Act. Lantronix consented to the issuance of the cease- and-desist order. [SEC v. Steven V. Cotton, Civil Action No. SA CV-06- 905 AG (ANx) C.D.Cal.] (LR-19850; AAE Rel. 2487) SEC FILED CHARGES AGAINST GRAYCORT FINANCIAL, LLC FOR UNLAWFUL SHORT SELLING ACTIVITY On September 28, the Commission filed a civil action against Graycort Financial, LLC (Graycort), a San Francisco-based private investment fund, alleging that it violated Rule 105 of Regulation M in connection with its trading around follow-on offerings in the securities of Nutrisystems, Inc. (NSI) and Perini Corporation (PCR). According to the Commission's complaint, filed in federal court in San Francisco, Graycort sold shares short five days before the pricing of the NSI and PCR offerings, and then purchased shares in the companies' offerings at prices below its previous short sales. Graycort next entered into a series of offsetting purchase and sales transactions in the open market and claimed it used the shares it purchased, rather than its offering shares, to cover its short sales. These open market purchase and sale transactions had no legitimate economic purpose or substance and little, if any, market risk and served only to disguise the fact Graycort used offering shares to cover its short sales in violation of Rule 105. Graycort agreed to settle the matter by disgorging $105,465 in unlawful profits, paying a $100,000 civil penalty and $4,142 in prejudgment interest, and consenting to an injunction against future violations. [SEC v. Graycort Financial, LLC, USDC, NDCA, Civil Action No. C 06-6033 SBA] (LR-19851) INVESTMENT COMPANY ACT RELEASES MERRILL LYNCH LIFE INSURANCE COMPANY, ET AL. An order has been issued pursuant to Section 6(c) of the Investment Company Act to Merrill Lynch Life Insurance Company and ML Life Insurance Company of New York (together, Merrill Lynch), Merrill Lynch Life Variable Annuity Separate Account A, Merrill Lynch Life Variable Annuity Separate Account C, Merrill Lynch Life Variable Annuity Separate Account D, ML of New York Variable Annuity Separate Account A, ML of New York Variable Annuity Separate Account C, ML of New York Variable Annuity Separate Account D, and Merrill Lynch, Pierce, Fenner & Smith Incorporated, granting exemptions from Sections 2(a)(32) and 27(i)(2)(A) of the Act and Rule 22c 1 thereunder. The order permits the recapture of amounts applied to the purchase payments made under certain variable annuity contracts. The order also extends to any other separate accounts of Merrill Lynch and its successors in interest, which may offer or support certain future contracts and to NASD registered broker-dealers under common control with Merrill Lynch, which in the future may act as principal underwriter or distributor of such contracts. (Rel. IC-27498 - September 26) PRINCIPAL LIFE INSURANCE COMPANY, ET AL. An order has been issued under Section 11(a) of the Investment Company Act on an application filed by Principal Life Insurance Company (Principal), Principal Life Insurance Company Variable Life Separate Account (Account), and Princor Financial Services Corporation approving the terms of a proposed offer of exchange of certain new flexible variable universal life insurance policies issued by Principal and participating in the Account for certain outstanding flexible variable universal life insurance policies issued by Principal and participating in the Account. (Rel. IC-27499 - September 26) ADVISORONE FUNDS AND DUNHAM & ASSOCIATES INVESTMENT COUNSEL, INC. An order has been issued on an application filed by AdvisorOne Funds and Dunham & Associates Investment Counsel, Inc. for an exemption from Section 15(a) of the Investment Company Act and Rule 18f-2 under the Act. The order permits the applicants to enter into and materially amend subadvisory agreements without shareholder approval. (Rel. IC- 27501 - September 26) SELF-REGULATORY ORGANIZATIONS APPROVAL OF PROPOSED RULE CHANGES The Commission granted approval of a proposed rule change (SR-FICC- 2005-17) filed by the Fixed Income Clearing Corporation relating to assumption of blind brokered fails by its Government Securities Division. Publication is expected in the Federal Register during the week of October 2. (Rel. 34-54487) The Commission approved a proposed rule change and Amendment No. 1 thereto submitted by the Chicago Stock Exchange (SR-CHX-2006-23) regarding amendments to the Exchange's bylaws and other governance changes. Publication is expected in the Federal Register during the week of October 2. (Rel. 34-54494) The Commission approved a proposed rule change by the Chicago Stock Exchange (SR-CHX-2006-27) submitted to make retroactive a rule change pertaining to the trading permit fee due to the exchange if a trading permit is cancelled intra-year. Publication is expected in the Federal Register during the week of October 2. (Rel. 34-54495) The Commission approved a proposed rule change (SR-Amex-2006-70) and Amendment No. 1 thereto submitted by the American Stock Exchange to apply certain provisions of its Minor Rule Violation Plan to Registered Options Traders, Supplemental Registered Options Traders, and Remote Registered Options Traders. Publication is expected in the Federal Register during the week of October 2. (Rel. 34-54509) The Commission approved a proposed rule change (SR-PCX-2005-53) and Amendment Nos. 1 and 2 thereto and issued notice of and granted accelerated approval to Amendment Nos. 3 and 4, submitted by NYSE Arca, Inc., to Create a New Order Type-Passive Liquidity Orders-for use on NYSE Arca Marketplace. Publication is expected in the Federal Register during the week of October 2. (Rel. 34-54511) ACCELERATED APPROVAL OF PROPOSED RULE CHANGES The Commission granted accelerated approval to a proposed rule change (SR-NYSEArca-2006-61) filed by NYSE Arca, through its subsidiary NYSE Arca Equities, Inc. under Rule 19b-4 of the Securities Exchange Act of 1934, amending existing rules for investment company units. Publication is expected in the Federal Register during the week of October 2. (Rel. 34-54590) The Commission granted accelerated approval of a proposed rule change (SR-NYSEArca-2006-46), and Amendment No. 1 thereto, filed by the NYSE Arca relating to generic listing and maintenance standards for broad- based index options. Publication is expected in the Federal Register during the week of October 2. (Rel. 34-54493) The National Association of Securities Dealers filed and the Commission granted accelerated approval of a proposed rule change (SR- NASD-2006-095) regarding fees for non-NASD member subscribers to the New Nasdaq Workstation and Weblink ACT. Publication is expected in the Federal Register during the week of October 2. (Rel. 34-54498) The NASDAQ Stock Market filed and the Commission granted accelerated approval to a proposed rule change (SR-NASDAQ-2006-026) regarding pricing for non-members using the New Nasdaq Workstation and Weblink ACT. Publication is expected in the Federal Register during the week of October 2. (Rel. 34-54501) PROPOSED RULE CHANGES The New York Stock Exchange filed a proposed rule change (SR-NYSE- 2005-09) and Amendment Nos. 1 and 2 thereto submitted under Rule 19b-4 of the Securities Exchange Act of 1934 to amend NYSE Rule 409 (Statements of Accounts to Customers) and to propose new NYSE Rule 409A (SIPC Disclosures). Publication is expected in the Federal Register during the week of October 2. (Rel. 34-54491) The Commission noticed a proposed rule change (SR-NYSE-2006-76) submitted by the New York Stock Exchange relating to Exchange Rule 104.10 (Dealings by Specialists). Publication is expected in the Federal Register during the week of October 2. (Rel. 34-54504) The Boston Stock Exchange filed a proposed rule change (SR-BSE-2006- 36) and Amendment No. 1 thereto relating to the Market Opening Pilot Program for the Boston Options Exchange Facility. Publication is expected in the Federal Register during the week of October 2. (Rel. 34-54507) The International Securities Exchange filed a proposed rule change (SR-ISE-2006-44) to expand the Broker Marketing Alliance to include non-broker-dealers with regard to the enhanced sentiment market data offering. Publication is expected in the Federal Register during the week of October 2. (Rel. 34-54508) The Commission published notice of a proposed rule change (SR-NYSE- 2006-65) and Amendment Nos. 1, 2 and 3 thereto submitted by the New York Stock Exchange relating to Exchange rules governing certain definitions, systemic processing of certain orders, and the implementation schedule of the NYSE HYBRID MARKETSM. Publication is expected in the Federal Register during the week of October 2. (Rel. 34-54520) The Depository Trust Company filed a proposed rule change (SR-DTC- 2006-11) under Section 19(b)(1) of the Exchange Act that would allow DTC to expand its Inventory Management System (IMS) to accept in real- time non-Continuous Net Settlement institutional trades from Omgeo LLC and to accept late affirmed trades into IMS for automated settlement at DTC. Publication is expected in the Federal Register during the week of October 2. (Rel. 34-54521) IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGES A proposed rule change filed by the National Association of Securities Dealers regarding fees for the New Nasdaq Workstation and Weblink ACT (SR-NASD-2006-094) has become 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 October 2. (Rel. 34-54499) A proposed rule change filed by The NASDAQ Stock Market regarding fees for the New Nasdaq Workstation and Weblink ACT (SR-NASDAQ-2006-025) has become 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 October 2. (Rel. 34-54500) A proposed rule change (SR-BSE-2006-40) filed by the Boston Stock Exchange, Inc. relating to trade information submitted to the Exchange has become effective immediately under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of October 2. (Rel. 34-54505) A proposed rule change (SR-CHX-2006-26) filed by the Chicago Stock Exchange and Amendment No. 1 thereto prohibiting a participant firm from earning credits when its Exchange bill is more than 30 days past due has become 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 October 2. (Rel. 34-54522) JOINT INDUSTRY PLAN NOTICE OF FILING AND TEMPORARY EFFECTIVENESS OF AMENDMENT TO PLAN ESTABLISHING PROCEDURES UNDER RULE 605 OF REGULATION NMS The Commission has issued a release giving notice and granting temporary effectiveness to an amendment filed by the International Securities Exchange to join the national market system plan (File No. 4-518) that establishes procedures for market centers to follow in making reports available under Rule 605 of Regulation NMS. Publication is expected in the Federal Register during the week of October 2. (Rel. 34-54510) 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-8 AEROFLEX INC, 35 S SERVICE RD, PLAINVIEW, NY, 11803, 5166946700 - 10,000 ($107,700.00) Equity, (File 333-137603 - Sep. 27) (BR. 10A) S-4 Education Management LLC, 210 SIXTH AVENUE, PITTSBURGH, PA, 15222, 412-562-0900 - 0 ($760,000,000.00) Non-Convertible Debt, (File 333-137605 - Sep. 27) (BR. 11) S-3 ALTEON INC /DE, 6 CAMPUS DRIVE, PARSIPPANY, NJ, 07054, 2019345000 - 0 ($9,160,454.50) Equity, (File 333-137606 - Sep. 27) (BR. 01C) S-1 Switch & Data, Inc., 1715 NORTH WESTSHORE BOULEVARD, SUITE 650, TAMPA, FL, 33607, 813-207-7700 - 0 ($150,000,000.00) Equity, (File 333-137607 - Sep. 27) (BR. ) S-3 DYNAVAX TECHNOLOGIES CORP, 2929 SEVENTH STREET, SUITE 100, BERKELEY, CA, 94710, 5108485100 - 0 ($75,000,000.00) Equity, (File 333-137608 - Sep. 27) (BR. 01A) S-1 STANDARD MANAGEMENT CORP, 10689 NORTH PENNSYLVANIA AVENUE, INDIANAPOLIS, IN, 46240, 3175746200 - 15,987,013 ($4,476,363.64) Equity, (File 333-137609 - Sep. 27) (BR. 01C) S-8 MEDICAL INTERNATIONAL TECHNOLOGY INC, 2281 GUENETTE, ., VILLE SAINT-LAURENT, A8, HR4 2E9, (514) 339-9355 - 1,000,000 ($510,000.00) Equity, (File 333-137612 - Sep. 27) (BR. 10B) SB-2 Iron Link Ltd., #400 - 800 BELLEVUE WAY NE, BELLEVUE, WA, 98004, (425) 462-4216 - 20,000,000 ($500,000.00) Equity, (File 333-137613 - Sep. 27) (BR. ) S-8 WORTHINGTON INDUSTRIES INC, 200 OLD WILSON BRIDGE ROAD, COLUMBUS, OH, 43085, 6144383210 - 600,000 ($11,022,000.00) Equity, (File 333-137614 - Sep. 27) (BR. 06B) S-8 RAVEN MOON ENTERTAINMENT INC, 2005 TREE FORK LANE, STE 101, LONGWOOD, FL, 32750, 407-774-4462 - 1,000,000,000 ($1,000,000.00) Equity, (File 333-137615 - Sep. 27) (BR. 05C) S-8 WITS BASIN PRECIOUS MINERALS INC, 80 SOUTH 8TH STREET, SUITE 900, MINNEAPOLIS, MN, 55402, (612)349-5277 - 2,000,000 ($640,000.00) Equity, (File 333-137616 - Sep. 27) (BR. 04A) S-8 AMDOCS LTD, SUITE 5, TOWER HILL HOUSE LE BORDAGE, ST PETER PORT, ISLAND OF GUERNSEY, X0, GY1 3QT, 011-44-1481-728444 - 0 ($4,558,282.00) Equity, (File 333-137617 - Sep. 27) (BR. 03B) S-4 Covalence Specialty Materials Corp., 7 ROSZEL ROAD, PRINCETON, NJ, 08540, 609-720-5420 - 265,000,000 ($265,000,000.00) Equity, (File 333-137618 - Sep. 27) (BR. ) SB-2 HEALTH ENHANCEMENT PRODUCTS INC, 7740 EAST EVANS RD, SUITE A101, SCOTTSDALE, AZ, 85260, 4803853800 - 44,725,488 ($108,682,935.84) Equity, (File 333-137619 - Sep. 27) (BR. 09A) S-3 WELLS FARGO ASSET SECURITIES CORP, 7485 NEW HORIZON WAY, FREDERICK, MD, 21703, 3018468881 - 0 ($1,000,000.00) Mortgage Backed Securities, (File 333-137620 - Sep. 27) (BR. 05) S-1 iShares Silver Trust, 45 FREMONT STREET, SAN FRANCISCO, CA, 94105, 415-597-2000 - 15,222,727 ($1,674,499,970.00) Equity, (File 333-137621 - Sep. 27) (BR. 04) S-8 SWISS MEDICA INC, 53 YONGE STREET, 3RD FLOOR, TORONTO, ONTARIO, CANADA, A1, M5E 1J3, 416-657-4134 - 0 ($1,050,000.00) Equity, (File 333-137622 - Sep. 27) (BR. 01C) S-1 KAISER ALUMINUM CORP, KAISER ALUMINUM & CHEMICAL CORP, 27422 PORTOLA PARKWAY, SUITE 350, FOOTHILL RANCH, CA, 92610-2831, 949-614-1740 - 2,895,648 ($111,482,448.00) Equity, (File 333-137623 - Sep. 27) (BR. 04A) 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 ----------------------------------------------------------------------------------------------------- ACETO CORP NY 8.01,9.01 09/27/06 ACTUANT CORP WI 2.02,9.01 09/27/06 ACXIOM CORP DE 8.01,9.01 09/27/06 ADELPHIA COMMUNICATIONS CORP DE 1.01 09/21/06 Advance America, Cash Advance Centers DE 8.01,9.01 09/25/06 ADZONE RESEARCH INC DE 1.01,2.03,3.02,9.01 09/22/06 AES CORP DE 7.01 09/27/06 AFFILIATED COMPUTER SERVICES INC DE 7.01 09/22/06 AIRTRAN HOLDINGS INC NV 8.01 09/26/06 Alarion Financial Services Inc 5.02 09/20/06 ALKERMES INC PA 1.01,9.01 09/21/06 ALLIANT TECHSYSTEMS INC DE 5.02,9.01 09/21/06 ALR TECHNOLOGIES INC 5.02,7.01 09/25/06 AMASYS CORP DE 1.01,9.01 09/25/06 AMCOMP INC /FL DE 8.01 09/21/06 AMERICAN BILTRITE INC DE 1.01,1.02,2.03,2.04,9.01 09/25/06 AMERICAN OIL & GAS INC NV 7.01,9.01 09/27/06 AMERICAN POWER CONVERSION CORPORATION MA 2.05,9.01 09/21/06 AMERICAN SOIL TECHNOLOGIES INC NV 3.02,7.01,9.01 09/27/06 Ameriquest Mortgage Securities Trust DE 9.01 09/07/06 AMERISOURCEBERGEN CORP DE 8.01,9.01 08/27/06 ANIKA THERAPEUTICS INC MA 7.01,9.01 09/27/06 ANTICUS INTERNATIONAL CORP NV 5.02 09/19/06 AQUILA INC DE 1.02 09/27/06 ARENA PHARMACEUTICALS INC DE 8.01 09/27/06 AUGRID CORP NV 1.01,5.02,5.03 09/08/06 AUTOZONE INC NV 5.02,9.01 09/27/06 AUXILIUM PHARMACEUTICALS INC 7.01,9.01 09/27/06 AVALON PHARMACEUTICALS INC 1.01,5.02,9.01 09/21/06 AVATECH SOLUTIONS INC DE 9.01 05/30/06 AMEND AVNET INC NY 1.01,9.01 09/21/06 AZZ INC TX 8.01 09/27/06 Bear Stearns Commercial Mortgage Secu DE 8.01,9.01 09/27/06 BEHRINGER HARVARD MID TERM VALUE ENHA TX 2.02,9.01 09/27/06 BEHRINGER HARVARD SHORT TERM OPPORTUN TX 2.02,9.01 09/27/06 BIOMIMETIC THERAPEUTICS, INC. DE 5.02,9.01 09/22/06 BISYS GROUP INC DE 8.01,9.01 09/26/06 BLUEGREEN CORP MA 2.03 09/21/06 BMW FS SECURITIES LLC 8.01,9.01 09/22/06 BofI Holding, Inc. DE 7.01 09/27/06 Boulder Specialty Brands, Inc. DE 1.01,9.01 09/25/06 BRANDYWINE OPERATING PARTNERSHIP LP / DE 8.01,9.01 09/27/06 BRANDYWINE OPERATING PARTNERSHIP LP / DE 8.01,9.01 09/27/06 BRANDYWINE OPERATING PARTNERSHIP LP / DE 9.01 01/05/06 AMEND BRANDYWINE REALTY TRUST MD 8.01,9.01 09/27/06 BRANDYWINE REALTY TRUST MD 8.01,9.01 09/27/06 BRANDYWINE REALTY TRUST MD 9.01 01/05/06 AMEND Burger King Holdings Inc DE 8.01,9.01 09/26/06 CAMDEN NATIONAL CORP ME 7.01,9.01 09/26/06 CARBIZ INC A6 5.02,9.01 09/22/06 CAREER EDUCATION CORP DE 1.01,5.02,7.01,9.01 09/24/06 CARVER BANCORP INC DE 5.02,8.01,9.01 09/25/06 CATCHER HOLDINGS, INC DE 7.01,9.01 09/26/06 CATERPILLAR FINANCIAL SERVICES CORP DE 2.03,9.01 09/21/06 CENTURY PROPERTIES FUND XVI CA 5.02 09/21/06 CENTURY PROPERTIES FUND XVIII CA 5.02 09/21/06 CHECKFREE CORP \GA\ DE 5.02 09/21/06 CHESAPEAKE ENERGY CORP OK 8.01,9.01 09/25/06 CHILDRENS PLACE RETAIL STORES INC 8.01,9.01 09/26/06 China Health Holding, Inc. NV 5.02 09/25/06 CHURCHILL DOWNS INC KY 1.01 09/21/06 CIMBIX CORP WA 1.01,7.01,9.01 09/21/06 CITIZENS FIRST CORP KY 1.01,9.01 09/21/06 CITRIX SYSTEMS INC DE 1.01,9.01 09/27/06 CLARCOR INC DE 8.01,9.01 09/26/06 CLINICAL DATA INC DE 1.01 09/21/06 CNB BANCORP INC/VA VA 5.02 09/27/06 CNL RETIREMENT PROPERTIES INC MD 8.01,9.01 09/26/06 COACTIVE MARKETING GROUP INC DE 4.01 09/27/06 COMMUNITY BANCORP /VT VT 8.01,9.01 09/26/06 COMMUNITY SHORES BANK CORP MI 1.01,9.01 09/26/06 CONSOLIDATED CAPITAL GROWTH FUND CA 5.02 09/21/06 CONVERSION SERVICES INTERNATIONAL INC DE 3.01,9.01 09/26/06 COOPER INDUSTRIES LTD 7.01 09/27/06 CORNING NATURAL GAS CORP NY 5.03,9.01 09/27/06 CORPORATE REALTY INCOME FUND I L P DE 1.01,9.01 09/21/06 CREDIT ACCEPTANCE CORPORATION MI 8.01,9.01 09/27/06 CRESTED CORP CO 1.01,2.01,8.01 09/22/06 CUBIST PHARMACEUTICALS INC DE 1.01,5.02,9.01 09/22/06 DATALOGIC INTERNATIONAL INC DE 1.02,8.01 09/20/06 DAVIDSON DIVERSIFIED REAL ESTATE III DE 5.02 09/21/06 DEER VALLEY CORP 5.02,7.01,9.01 09/21/06 DEERE JOHN RECEIVABLES INC DE 8.01,9.01 09/26/06 Deerfield Triarc Capital Corp MD 8.01,9.01 09/18/06 DEL MONTE FOODS CO DE 1.01,9.01 09/21/06 DELCATH SYSTEMS INC DE 5.02,9.01 09/21/06 dELiAs, Inc. DE 5.02,9.01 09/25/06 DIOMED HOLDINGS INC NV 8.01 09/27/06 DOLE FOOD CO INC DE 8.01,9.01 09/25/06 DOLLAR FINANCIAL CORP DE 1.01,5.02 09/27/06 DOLLAR FINANCIAL GROUP INC NY 1.01,5.02 09/27/06 DTE ENERGY CO MI 5.02 09/25/06 DYNEGY INC /IL/ IL 8.01,9.01 09/27/06 Eagle Bulk Shipping Inc. 7.01,9.01 09/27/06 EASTERN CO CT 7.01,8.01 09/27/06 ELECTRONIC ARTS INC DE 1.01,9.01 09/27/06 EMDEON CORP DE 5.02,9.01 09/26/06 EN POINTE TECHNOLOGIES INC DE 1.01,5.02,9.01 09/22/06 ENCYSIVE PHARMACEUTICALS INC DE 8.01 09/27/06 ENERGY CONVERSION DEVICES INC DE 5.02,5.03,9.01 09/25/06 ENXNET INC OK 7.01,9.01 09/27/06 EPICUS COMMUNICATIONS GROUP INC FL 1.01 09/22/06 ESPEED INC DE 3.01,5.02 09/27/06 ev3 Inc. DE 7.01 09/26/06 EVERGREENBANCORP INC WA 1.01,9.01 09/21/06 EXCELLIGENCE LEARNING CORP DE 1.01,9.01 09/22/06 EXELIXIS INC DE 8.01,9.01 09/27/06 EXELON CORP PA 7.01 09/27/06 EZCORP INC DE 1.01 09/21/06 Federal Home Loan Bank of Atlanta X1 5.03,9.01 09/23/06 FEDERAL REALTY INVESTMENT TRUST MD 9.01 09/25/06 FIRST NATIONAL LINCOLN CORP /ME/ ME 1.01 09/27/06 FLUSHING FINANCIAL CORP DE 5.03 09/21/06 FNB United Corp. NC 5.02,9.01 09/26/06 FOOT LOCKER INC NY 1.01 09/22/06 FORRESTER RESEARCH INC DE 5.02,9.01 09/27/06 FORTUNE INDUSTRIES, INC. DE 5.02 09/21/06 FOX STRATEGIC HOUSING INCOME PARTNERS CA 5.02 09/21/06 FROZEN FOOD EXPRESS INDUSTRIES INC TX 1.01,1.02,9.01 09/26/06 FULLER H B CO MN 2.02,9.01 09/26/06 GARUDA CAPITAL CORP NV 3.02 09/25/06 Georgetown Bancorp, Inc. X1 5.02,5.03,9.01 09/21/06 GERBER SCIENTIFIC INC CT 1.01,9.01 09/21/06 GFI Group Inc. DE 1.01,2.03 09/22/06 GLOBAL PAYMENTS INC GA 5.02,8.01 09/26/06 Global Resource CORP CO 2.01,3.02,5.01,5.02,5.06,9.01 09/22/06 GLOBAL TRAFFIC NETWORK, INC. DE 2.02,9.01 09/27/06 GlobalOptions Group, Inc. NV 1.02,9.01 09/26/06 GLOBALSCAPE INC DE 1.01,2.01,2.03,3.02, 09/21/06 5.02,7.01,9.01 GREAT SOUTHERN BANCORP INC MD 7.01 09/27/06 Green Mountain Capital Inc. 5.03,9.01 09/22/06 HARTCOURT COMPANIES INC UT 4.02,9.01 08/09/06 AMEND HARTCOURT COMPANIES INC UT 4.02,9.01 08/09/06 AMEND Hartford Life Global Funding Trust 20 DE 1.03,2.01,8.01,9.01 09/15/06 Hawaiian Telcom Communications, Inc. DE 1.01,9.01 09/22/06 HEALTH DISCOVERY CORP TX 4.01,9.01 09/20/06 HEALTHSOUTH CORP DE 1.01,5.03,9.01 09/21/06 HEWLETT PACKARD CO DE 8.01 09/22/06 HOLLIS EDEN PHARMACEUTICALS INC /DE/ DE 8.01,9.01 09/27/06 Home Equity Loan Trust 2006-HSA5 DE 8.01,9.01 09/27/06 Home Loan Trust 2006-HI4 DE 8.01,9.01 09/27/06 HSI Asset Securitization CORP Trust 2 8.01,9.01 08/04/06 AMEND HURCO COMPANIES INC IN 5.02,5.03,9.01 09/27/06 IMMUNE RESPONSE CORP DE 3.02 09/21/06 IMMUNICON CORP 8.01,9.01 09/26/06 IndyMac INDX Mortgage Loan Trust 2006 9.01 09/27/06 INDYMAC MBS INC 9.01 09/27/06 ING USA ANNUITY & LIFE INSURANCE CO IA 9.01 09/26/06 INPUT OUTPUT INC DE 7.01 09/27/06 INTERGRAPH CORP DE 8.01,9.01 09/26/06 ITT CORP IN 7.01,9.01 09/27/06 iWorld Projects & Systems, Inc. NV 8.01 09/27/06 J P MORGAN CHASE & CO DE 9.01 09/22/06 JPMAC 2006-RM1 DE 8.01,9.01 09/27/06 KEY TECHNOLOGY INC OR 5.02,8.01,9.01 09/25/06 KIRBY CORP NV 7.01,9.01 09/27/06 KNOLL INC DE 1.01,5.02,9.01 09/27/06 KNOVA SOFTWARE, INC. DE 4.01,9.01 07/24/06 AMEND LA JOLLA PHARMACEUTICAL CO DE 8.01,9.01 09/27/06 LADENBURG THALMANN FINANCIAL SERVICES FL 1.01,5.02,5.05,9.01 09/21/06 LIFETIME BRANDS, INC DE 7.01,9.01 09/25/06 LIONS GATE ENTERTAINMENT CORP /CN/ 1.01 09/20/06 MARTEK BIOSCIENCES CORP DE 3.03,5.02,5.03,9.01 09/21/06 MATHSTAR INC MN 8.01,9.01 09/27/06 MATRIA HEALTHCARE INC DE 1.01,5.02,9.01 09/21/06 MCCORMICK & CO INC MD 2.02,9.01 09/27/06 MCCORMICK & CO INC MD 2.02,9.01 09/27/06 MediaREADY Inc FL 5.03,8.01,9.01 09/20/06 MEGOLA INC 5.02,5.03,9.01 09/25/06 MERRILL LYNCH DEPOSITOR INC PPLUS TRU DE 8.01,9.01 09/15/06 MERRILL LYNCH DEPOSITOR INC PPLUS TRU DE 8.01,9.01 09/15/06 MERRILL LYNCH DEPOSITOR INC PREFERRED DE 8.01,9.01 09/15/06 MERRILL LYNCH DEPOSITOR INC PREFERRED DE 8.01,9.01 09/15/06 Merrill Lynch Mortgage Investors Trus DE 8.01,9.01 09/12/06 METROMEDIA INTERNATIONAL GROUP INC DE 8.01 09/26/06 MINN DAK FARMERS COOPERATIVE ND 8.01 09/27/06 MM2 GROUP, INC. NY 2.01,3.02,5.06,9.01 09/21/06 MM2 GROUP, INC. NY 9.01 10/19/05 AMEND MODERN TECHNOLOGY CORP NV 4.01 09/26/06 MONONGAHELA POWER CO /OH/ OH 1.01,2.03,8.01,9.01 09/22/06 Morgan Stanley ABS Capital I Inc. Tru DE 8.01,9.01 09/27/06 MORGAN STANLEY CAPITAL I INC HOME EQ NY 8.01,9.01 09/25/06 MULTI BENEFIT REALTY FUND 87-1 CA 5.02 09/21/06 Nalco Finance Holdings LLC 8.01,9.01 09/27/06 Nalco Holding CO 8.01,9.01 09/27/06 Nalco Holdings LLC DE 8.01,9.01 09/27/06 NATIONAL COLLEGIATE FUNDING LLC 8.01,9.01 09/26/06 National Investment Managers Inc. FL 1.01,3.02,9.01 09/21/06 NATIONAL PENN BANCSHARES INC PA 7.01,8.01,9.01 09/27/06 NATIONAL PROPERTY INVESTORS 4 CA 5.02 09/21/06 NATIONAL PROPERTY INVESTORS 5 CA 5.02 09/21/06 NATIONAL PROPERTY INVESTORS 8 /CA/ CA 5.02 09/21/06 NAVISITE INC DE 2.02,9.01 09/26/06 NAVISTAR INTERNATIONAL CORP DE 4.01 04/06/06 AMEND Nayna Networks, Inc. WY 5.02 09/20/06 NCR CORP MD 1.01,8.01 09/26/06 NEOGEN CORP MI 2.02,9.01 09/26/06 New Albertsons INC DE 4.01,9.01 09/21/06 New Albertsons INC DE 4.01,9.01 09/21/06 NEW JERSEY RESOURCES CORP NJ 3.01 09/22/06 NEWMONT MINING CORP /DE/ DE 7.01,8.01,9.01 09/27/06 NIKE INC OR 2.02,9.01 09/26/06 NN INC DE 1.01,9.01 09/26/06 NORFOLK SOUTHERN CORP VA 8.01,9.01 09/27/06 Novelis Inc. A6 1.01,9.01 09/25/06 NYER MEDICAL GROUP INC FL 1.01 07/01/06 NYER MEDICAL GROUP INC FL 1.01 08/05/06 NYFIX INC DE 8.01,9.01 09/22/06 NYMEX HOLDINGS INC DE 8.01,9.01 09/27/06 OCM HoldCo, LLC 1.01,2.01,9.01 09/27/06 OMNOVA SOLUTIONS INC OH 1.01 09/25/06 ONSPAN NETWORKING INC NV 5.02 09/22/06 ONSPAN NETWORKING INC NV 1.01,5.01,5.02 09/22/06 OPEN ENERGY CORP NV 3.02 09/25/06 OPTICAL SENSORS INC DE 1.01 09/21/06 Orange 21 Inc. DE 1.01,2.03,9.01 09/25/06 ORTHOFIX INTERNATIONAL N V 1.01,2.01,2.03,9.01 09/22/06 OVERSEAS SHIPHOLDING GROUP INC DE 1.01,9.01 09/25/06 PACIFIC HEALTH CARE ORGANIZATION INC 8.01 09/22/06 PACIFIC PREMIER BANCORP INC DE 7.01,9.01 09/26/06 PACIFICHEALTH LABORATORIES INC DE 5.02 09/25/06 PAIN THERAPEUTICS INC DE 1.01,3.03,9.01 09/27/06 PAN PACIFIC RETAIL PROPERTIES INC MD 8.01,9.01 09/25/06 PARK OHIO HOLDINGS CORP OH 8.01 09/27/06 PATHMARK STORES INC DE 1.01,9.01 09/26/06 PEAPACK GLADSTONE FINANCIAL CORP NJ 8.01,9.01 09/26/06 PENNICHUCK CORP NH 1.01,8.01,9.01 09/21/06 PETROSEARCH ENERGY CORP 1.01,9.01 09/21/06 PHILLIPS VAN HEUSEN CORP /DE/ DE 5.04,9.01 09/26/06 PHILLIPS VAN HEUSEN CORP /DE/ DE 5.02 09/27/06 PHOTOWORKS INC /WA WA 1.01,5.02 09/27/06 PLASTINUM CORP DE 1.01,9.01 09/20/06 POZEN INC /NC 1.01 09/21/06 PPG INDUSTRIES INC PA 8.01,9.01 09/27/06 PPLUS Trust Series JPM-1 DE 8.01,9.01 09/15/06 PRECISION CASTPARTS CORP OR 7.01 09/27/06 Prestige Brands Holdings, Inc. 1.01,7.01,9.01 09/21/06 PRG SCHULTZ INTERNATIONAL INC GA 1.01,9.01 09/21/06 PRICELINE COM INC DE 1.01,2.03,3.02,9.01 09/21/06 PRINCETON REVIEW INC DE 1.01,9.01 09/25/06 PRINCIPAL LIFE INSURANCE CO IA 9.01 09/21/06 PRINCIPAL LIFE INSURANCE CO IA 9.01 09/21/06 PRINCIPAL LIFE INSURANCE CO IA 9.01 09/21/06 PRO DEX INC CO 2.02,9.01 09/27/06 PROLOGIS MD 1.01,8.01,9.01 09/27/06 PRUDENTIAL BANCORP INC OF PENNSYLVANI 7.01,9.01 09/27/06 PUBLIC SERVICE ENTERPRISE GROUP INC NJ 5.02,9.01 09/25/06 QUESTCOR PHARMACEUTICALS INC CA 5.02,7.01,9.01 09/21/06 RADYNE CORP DE 1.01,5.02,9.01 09/21/06 RADYNE CORP DE 1.01,5.02,9.01 09/21/06 AMEND RALI Series 2006-QA8 Trust DE 8.01,9.01 09/27/06 RAMP Series 2006-RZ4 Trust DE 8.01,9.01 09/27/06 RASC Series 2006-EMX8 Trust DE 8.01,9.01 09/27/06 RASC Series 2006-KS8 Trust DE 8.01,9.01 09/27/06 REALOGY CORP DE 1.01,2.03,7.01,8.01,9.01 09/25/06 RENAISSANCERE HOLDINGS LTD 8.01,9.01 09/27/06 RESOURCES CONNECTION INC DE 2.02,9.01 09/27/06 RF MICRO DEVICES INC NC 2.06 09/26/06 RFMSI Series 2006-S9 Trust DE 8.01,9.01 09/27/06 Riverbed Technology, Inc. DE 8.01 09/26/06 RYERSON INC. DE 7.01,9.01 09/27/06 RYLAND GROUP INC MD 1.01,1.02,3.03,9.01 09/22/06 SAFECO CORP WA 5.02,9.01 09/26/06 SAIC, Inc. DE 1.01,8.01,9.01 09/27/06 SALIX PHARMACEUTICALS LTD 8.01,9.01 09/27/06 SANDISK CORP DE 1.01,2.03 09/22/06 SBE INC DE 1.01,9.01 09/21/06 SCIENCE APPLICATIONS INTERNATIONAL CO DE 1.01,8.01,9.01 09/27/06 SCOTTISH RE GROUP LTD E9 1.02,8.01 09/21/06 SCRIPPS E W CO /DE OH 8.01,9.01 09/26/06 Searchlight Minerals Corp. NV 5.05,7.01,9.01 09/08/06 SELECTIVE INSURANCE GROUP INC NJ 1.01,2.03,9.01 09/27/06 SELIGMAN NEW TECHNOLOGIES FUND II INC MD 8.01 09/27/06 SELIGMAN NEW TECHNOLOGIES FUND, INC 8.01 09/27/06 SELIGMAN QUALITY MUNICIPAL FUND INC MD 8.01 09/27/06 SELIGMAN SELECT MUNICIPAL FUND INC MD 8.01 09/27/06 SENDTEC, INC. 1.01,3.03,9.01 09/27/06 SES SOLAR INC. 7.01,9.01 09/27/06 SILVERADO GOLD MINES LTD A1 8.01,9.01 09/27/06 SONEX RESEARCH INC MD 8.01 09/27/06 SOUTHERN UNION CO DE 7.01,9.01 09/27/06 SOUTHWESTERN PUBLIC SERVICE CO NM 8.01 09/21/06 Specialty Underwriting & Residential DE 8.01,9.01 09/27/06 SPHERION CORP DE 1.01,9.01 09/22/06 SPRINGHILL LAKE INVESTORS LTD PARTNER MD 5.02 09/21/06 STALLION GROUP NV 5.03,9.01 09/26/06 STARWOOD HOTEL & RESORTS WORLDWIDE IN MD 1.01 09/21/06 STURM RUGER & CO INC DE 1.01,9.01 09/21/06 SUPERVALU INC DE 1.01 09/27/06 TAIWAN FUND INC DE 7.01,9.01 07/01/06 TECHNICAL OLYMPIC USA INC DE 8.01,9.01 09/27/06 TECHNICAL OLYMPIC USA INC DE 2.02,9.01 09/27/06 THOMAS & BETTS CORP TN 1.01,5.02,9.01 09/27/06 TIB FINANCIAL CORP. FL 1.01,5.02,7.01,9.01 09/25/06 TOYS R US INC DE 7.01,9.01 09/27/06 TRADESTAR SERVICES, INC. NV 5.02,8.01 09/27/06 TRI-CONTINENTAL CORP MD 8.01 09/27/06 TRIO TECH INTERNATIONAL CA 2.02,9.01 09/22/06 TRM CORP OR 5.02,9.01 09/15/06 AMEND TWEETER HOME ENTERTAINMENT GROUP INC DE 5.02 09/26/06 U S PRECIOUS METALS INC DE 5.02 09/27/06 UIL HOLDINGS CORP CT 5.02,8.01,9.01 09/25/06 UNITED AUTO GROUP INC DE 1.01,9.01 09/26/06 UNITED INVESTORS INCOME PROPERTIES MO 5.02 09/21/06 UNITIL CORP NH 8.01 09/26/06 UNIVERSAL TECHNICAL INSTITUTE INC DE 8.01,9.01 09/27/06 UNUMPROVIDENT CORP DE 5.02,9.01 09/27/06 UPSTREAM BIOSCIENCES INC. NV 7.01,9.01 09/26/06 URANERZ ENERGY CORP. NV 8.01,9.01 09/20/06 US AIRWAYS GROUP INC DE 7.01,9.01 09/27/06 US ENERGY CORP WY 1.01,2.01,8.01 09/22/06 Veri-Tek International, Corp. MI 4.01,9.01 08/23/06 AMEND VISTA GOLD CORP 8.01,9.01 09/26/06 VISTACARE, INC. DE 5.02,9.01 09/25/06 VITRAN CORP INC 2.02,9.01 09/27/06 VITRIA TECHNOLOGY INC DE 1.01,9.01 09/20/06 VMS NATIONAL PROPERTIES JOINT VENTURE IL 5.02 09/21/06 VOYAGER ONE INC NV 1.01,9.01 09/22/06 WaMu Asset Acceptance Corp. DE 9.01 09/27/06 Washington Mutual Mortgage Pass-Throu DE 6.01 09/27/06 Washington Mutual Mortgage Pass-Throu DE 6.01 09/27/06 WELLMAN INC DE 2.05,9.01 09/26/06 WELLS REAL ESTATE FUND I GA 1.01 09/27/06 WELLS REAL ESTATE FUND I GA 4.01,9.01 09/27/06 WELLS REAL ESTATE FUND II GA 4.01,9.01 09/27/06 WELLS REAL ESTATE FUND II-OW GA 4.01,9.01 09/27/06 WELLS REAL ESTATE FUND III L P GA 4.01,9.01 09/27/06 WELLS REAL ESTATE FUND IX LP GA 4.01,9.01 09/27/06 WELLS REAL ESTATE FUND VI L P GA 4.01,9.01 09/27/06 WELLS REAL ESTATE FUND VII L P GA 4.01,9.01 09/27/06 WELLS REAL ESTATE FUND VIII LP GA 4.01,9.01 09/27/06 WELLS REAL ESTATE FUND X L P GA 4.01,9.01 09/27/06 WELLS REAL ESTATE FUND XI L P GA 4.01,9.01 09/27/06 WELLS REAL ESTATE FUND XII LP GA 4.01,9.01 09/27/06 WELLS REAL ESTATE FUND XIII L P 4.01,9.01 09/27/06 WELLS REAL ESTATE FUND XIV LP GA 4.01,9.01 09/27/06 WELLS REAL ESTATE INVESTMENT TRUST II MD 8.01,9.01 09/21/06 WESTELL TECHNOLOGIES INC DE 1.01 09/21/06 Western Iowa Energy, L.L.C. IA 5.02 09/26/06 Wi-Tron, Inc. DE 5.02 09/20/06 WILLIAM LYON HOMES DE 1.01,2.03,9.01 09/21/06 WILMINGTON TRUST CORP DE 1.01,5.02 09/21/06 WINWIN GAMING INC DE 1.01,2.04,9.01 09/06/06 WORTHINGTON INDUSTRIES INC OH 2.02,7.01,9.01 09/26/06 WPS RESOURCES CORP WI 1.01,9.01 09/21/06 XCEL ENERGY INC MN 8.01 09/21/06 XETA TECHNOLOGIES INC OK 1.01,9.01 09/26/06 XYBERNAUT CORP DE 7.01,9.01 09/27/06 ZALE CORP DE 8.01 09/21/06 ZALE CORP DE 1.01,5.02 09/22/06 ZANETT INC DE 1.01,9.01 09/27/06 ZANETT INC DE 2.02,9.01 09/27/06 ZION OIL & GAS INC DE 4.02 09/27/06 Zone Mining LTD 1.01,2.03,3.02,3.03,9.01 09/26/06