SEC NEWS DIGEST Issue 2004-71 April 13, 2004 COMMISSION ANNOUNCEMENTS SEC ADOPTS FUND DISCLOSURE RULES AND FOREIGN BANK LOAN EXEMPTION; PROPOSES SHELL COMPANY RULES The Commission today voted to adopt a rule and form amendments designed to provide foreign banks under certain conditions exemption from insider lending prohibitions; to propose for comment new rules regarding shell companies, "reverse mergers" and use of securities registered on Form S- 8; and voted to adopt disclosure requirements for investment companies regarding their policies and procedures on market timing, fair valuation and selective portfolio disclosure. 1. Exemption of Foreign Banks from Provisions of Section 402 of Sarbanes- Oxley Act The Commission voted to adopt a rule that would exempt foreign banks from the insider lending prohibition of Exchange Act Section 13(k), as added by Section 402 of the Sarbanes-Oxley Act. This Section prohibits both domestic and foreign issuers from making or arranging for loans to their directors and executive officers unless the loans fall within the scope of specified exemptions. One of these exemptions permits certain insider lending by a bank or other depository institution that is insured under the Federal Deposit Insurance Act. Foreign banks whose securities are registered with the Commission are not eligible for the bank exemption under Section 13(k). Rule 13k-1 would remedy this disparate treatment by exempting from the insider lending prohibition those foreign banks that meet specified criteria similar to those that qualify domestic banks for this statutory exemption. Consequently, the rule will establish a more level playing field for foreign and domestic banks regarding insider lending while remaining consistent with the goals of the Sarbanes-Oxley Act. Rule 13k-1 will also benefit investors by removing a regulatory impediment that, if left unchecked, could discourage foreign banks from entering or remaining in U.S. capital markets. Rule 13k-1 will exempt from Section 13(k)'s insider lending prohibition loans by a foreign bank issuer to its insiders, as well as loans by a foreign bank to the insiders of an issuer that is the parent or other affiliate of the foreign bank, as long as two conditions are satisfied. First, either the laws or regulations of the foreign bank's home jurisdiction require the bank to insure its deposits or be subject to a deposit guarantee or protection scheme; or the Board of Governors of the Federal Reserve System has determined that the foreign bank or another bank organized in the foreign bank's home jurisdiction is subject to comprehensive supervision or regulation on a consolidated basis by the bank supervisor in its home jurisdiction under 12 CFR 211.24(c). Second, the loan by the foreign bank to any of its directors or executive officers or those of its parent or other affiliate is on substantially the same terms as those prevailing at the time for comparable transactions by the foreign bank with other persons who are not executive officers, directors or employees of the foreign bank, its parent or other affiliate; or is pursuant to a benefit or compensation program that is widely available to the employees of the foreign bank, its parent or other affiliate and does not give preference to any of the executive officers or directors of the foreign bank, its parent or other affiliate over any other employees of the foreign bank, its parent or other affiliate; or has received the express approval by the bank supervisor in the foreign bank's home jurisdiction. The Commission also decided to adopt an amendment to Form 20-F that will require a foreign bank issuer to provide substantially the same disclosure regarding specified loans to insiders as that required for domestic banks under Regulation S-K. The exemption will be effective upon its publication in the Federal Register. The amendment to Form 20-F will take effect 30 days after its publication in the Federal Register 2. Use of Form S-8 and Form 8-K by Public Shell Companies The Securities and Exchange Commission voted today to publish for comment proposed rule and form amendments relating to public shell companies. The amendments would: ú prohibit shell companies from using Form S-8, the form used by public companies to register securities in connection with employee benefit plans under the Securities Act of 1933; and ú require a public shell company, when obligated to report a corporate event on Form 8-K that causes it to cease being a shell company to include the same type of information as it would be required to file to register a class of securities under the Securities Exchange Act of 1934. The Commission proposed the amendments to assure that investors in shell companies that acquire operations or assets have access on a timely basis to the same kind of information as is available to investors in public companies with continuing operations. The proposals are intended to protect investors by deterring fraud and abuse in the securities markets through the use of shell companies. The proposals would define the term "shell company" to mean a company with no or nominal operations, and with no or nominal assets or assets consisting solely of cash and cash equivalents. The definition would include foreign private shell companies, but the release solicits comment on the manner in which these companies should report the information that would be required on Form 8-K for a domestic shell company. The proposed amendments to Form S-8 would allow a company that ceases to be a shell company to use Form S-8 to register securities 60 days after it has filed information equivalent to the information filed by companies registering a class of securities under the Exchange Act. Comments on the proposed amendments are due within 45 days after publication in the Federal Register. 3. Disclosure Regarding Market Timing, Fair Value Pricing, and Selective Disclosure of Portfolio Holdings The Commission voted to adopt amendments that are designed to improve transparency of policies and procedures of mutual funds and variable insurance products with respect to market timing. The amendments will also require mutual funds and insurance company managed separate accounts that offer variable annuities to disclose the circumstances under which they will use fair value pricing and to disclose their policies and procedures regarding disclosure of portfolio holdings. Disclosure of Market Timing Policies and Procedures The amendments will o require a mutual fund to describe in its prospectus the risks, if any, that frequent purchases and redemptions of fund shares may present for other shareholders; o require a mutual fund to state in its prospectus whether or not the fund's board of directors has adopted policies and procedures with respect to frequent purchases and redemptions of fund shares and, if the board has not adopted any such policies and procedures, state the specific basis for the view of the board that it is appropriate for the fund not to have such policies and procedures; o require a mutual fund to describe with specificity in its prospectus any policies and procedures for deterring frequent purchases and redemptions of fund shares; o require a mutual fund to describe in its Statement of Additional Information any arrangements to permit frequent purchases and redemptions of fund shares; and o require similar disclosure for insurance company separate accounts offering variable insurance contracts. Disclosure Regarding Fair Value Pricing The amendments will clarify that mutual funds and insurance company managed separate accounts that offer variable annuities are required to explain in their prospectuses both the circumstances under which they will use fair value pricing and the effects of using fair value pricing. Disclosure of Policies Regarding Disclosure of Fund Portfolio Holdings The amendments will require mutual funds and insurance company managed separate accounts that offer variable annuities to describe in their Statements of Additional Information any policies and procedures with respect to the disclosure of portfolio securities and ongoing arrangements to make available information about portfolio securities to any person. Initial registration statements, and post-effective amendments to effective registration statements, filed on or after Dec. 5, 2004, must include the disclosure required by the amendments. (Press Rel. 2004-50) ENFORCEMENT PROCEEDINGS IN THE MATTER OF DEBORAH BRECKENRIDGE On April 13, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934 (Exchange Act), Making Findings, and Imposing Remedial Sanctions (Order) against Deborah J. Breckenridge. The Order finds that on March 31, 2004, Breckenridge was permanently enjoined by the U.S. District Court for the Southern District of New York (SEC v. Anthony Dong-Yin Shen, et al., Civil Action Number 01 Civ. 2438 (GBD)) from violating, directly or indirectly, and aiding and abetting any violation of Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, and from violating Section 17(a) of the Securities Act of 1933. The Commission's complaint alleged, among other things, that Breckenridge engaged in a scheme in which she gave kickbacks, cash payments, and other improper gifts and gratuities to a bond trader at New York Life Insurance Company, Inc. (New York Life). In return, the bond trader sent Breckenridge a flow of securities transactions on behalf of New York Life, frequently at prices that favored her employer, Suncoast Capital Group, Ltd., at the expense of New York Life. The Order also finds that Breckenridge had earlier pleaded guilty to, among other things, committing securities fraud in violation of Section 10(b) of the Exchange Act and Rule 10b-5 thereunder before the U.S. District Court for the Southern District of New York, in U.S. v. Deborah Breckenridge, 01 Cr. 248 (JGK). Based on the above, the Order bars Breckenridge from association with any broker or dealer. Breckenridge consented to the issuance of the Order without admitting or denying any of the allegations in the civil injunctive action. (Rel. 34-49558; File No. 3-11456) FORMER REGISTERED REPRESENTATIVE PERMANENTLY ENJOINED AND ORDERED TO PAY $236,562 IN DISGORGEMENT IN SETTLED FRAUD ACTION ARISING FROM KICKBACK SCHEME The Commission announced today that on March 31, 2004, the U.S. District Court for the Southern District of New York entered a final judgment against Deborah J. Breckenridge, a former registered representative with Suncoast Capital Group, Ltd. The Commission had charged Breckenridge with defrauding New York Life Insurance Company, Inc. by giving commission kickbacks, gifts, and gratuities to a former New York Life employee. In exchange, the former New York Life employee directed securities trades on behalf of New York Life to Breckenridge, at prices that favored Suncoast Capital to the detriment of New York Life. Breckenridge consented to the final judgment without admitting or denying the allegations in the Commission's complaint. The judgment permanently restrains and enjoins Breckenridge from violating or aiding and abetting violations of antifraud provisions of the federal securities laws, 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. The judgment orders Breckenridge to pay $236,562 in disgorgement and prejudgment interest and deems that $190,000 is satisfied by Breckenridge's payment of that amount to New York Life. The remainder of Breckenridge's disgorgement obligation shall be deemed satisfied upon payment of restitution in the amount of $136,394 to New York Life, as ordered against Breckenridge in a parallel criminal case, U.S. v. Deborah Breckenridge, 01 Cr. 248 (JGK). Previously, Breckenridge had pleaded guilty to criminal charges of securities fraud arising from the same scheme. In the criminal proceeding, in addition to the restitution order, Breckenridge was sentenced to eighteen months in prison. Today, the Commission also instituted and settled administrative proceedings against Breckenridge. Breckenridge consented to an order, based on the entry of final judgment against her in the Commission's civil enforcement action and on her prior criminal conviction, barring her from association with any broker or dealer. With this settlement, the Commission has concluded this action against four of the five original defendants, each of whom also was criminally convicted for the underlying conduct. The action with regard to the remaining defendant is being litigated. For further information see Litigation Release No. 16937, March 22, 2001; Litigation Release No. 18478, Nov. 24, 2003; Litigation Release No. 18556, Jan. 28, 2004. [SEC v. Anthony Dong-Yin Shen, Srinivas Anumolu, Ronald W. Pinto, Deborah J. Breckenridge, and Dominick J. Savino, 01 Civ. 2438 (GBD) SDNY] (LR- 18667) COMMISSION FILES ACTION TO HALT ONGOING FRAUD BY OPERATORS OF UNREGISTERED HEDGE FUND IN SAN DIEGO The Commission announced today that the Honorable Barry T. Moskowitz, U.S. District Judge for the Southern District of California, granted the Commission's motion for a preliminary injunction in its emergency action to halt an ongoing multi-million dollar securities fraud. The Commission filed its complaint on March 11, naming San Diego-based Global Money Management, L.P., (GMM) an unregistered private hedge fund, LF Global Investments, LLC (LF Global), which operated GMM, and Marvin I. Friedman, 65, of La Jolla, California, who controlled both entities. The Commission's complaint alleges that the defendants grossly overstated the assets of GMM to investors. In addition to issuing a preliminary injunction against GMM, LF Global, and Friedman, the court issued orders freezing the assets of the defendants, prohibiting the destruction of documents, and ordering an accounting from Friedman. The court also appointed Charles LaBella as the permanent receiver over GMM and LF Global. Investors may obtain information about the receivership at www.gmmreceiver.com or by calling 619-696-9200. The Commission's complaint alleges that since 1993, the defendants have sold, in an unregistered offering, limited partnership interests in GMM, a purported private hedge fund that invested in securities, such as stock and stock options. While the amount of money actually raised is not known, Friedman has told investors at various times over the last several months that the hedge fund held assets ranging from $60 million to over $100 million. GMM's brokerage records, however, show that, since at least December 2002, the securities it holds have been worth no more than $11 million. In addition, Friedman touted his investment experience but failed to inform investors about his disciplinary history, including that he has been barred from association with any member of the NASD. The Commission's complaint alleges that GMM, LF Global, and Friedman violated the antifraud provisions of the federal securities laws, Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and, as to LF Global, Sections 206(1) and 206(2) of the Investment Advisers Act of 1940, and, as to Friedman, that he aided and abetted those violations of the Advisers Act. In addition to the emergency relief described above, the Commission seeks, from each defendant, permanent injunctions, disgorgement with prejudgment interest, and a civil penalty. [SEC v. Global Money Management, L.P., LF Global Investments, LLC, and Marvin I. Friedman, Civil Action No. 04 CV 00521 BTM (WMC) SDCA] (LR-18666) SELF-REGULATORY ORGANIZATIONS IMMEDIATE EFFECTIVENESS OF A PROPOSED RULE CHANGE The Options Clearing Corporation filed a proposed rule change (SR-OCC- 2004-05), which became effective upon filing, to modify the definition of "premium" with respect to foreign currency and cross-rate currency options. Publication of the proposal is expected in the Federal Register during the week of April 12. (Rel. 34-49554) APPROVAL OF PROPOSED RULE CHANGE The Commission approved a proposed rule change and Amendment No. 1 thereto filed by the Chicago Board Options Exchange (SR-CBOE-2003-59) relating to the Exchange's obvious error rule. Publication of the proposal is expected in the Federal Register during the week of April 12. (Rel. 34-49555) WITHDRAWAL GRANTED An order has been issued granting the application of GB Holdings, Inc. and its wholly-owned subsidiaries, Greate Bay Hotel and Casino, Inc. and GB Property Funding Corp., to withdraw its 11% Notes (due, 2005) from listing and registration on the American Stock Exchange, effective at the opening of business on April 19. (Rel. 34-49553) 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-8 YOUBET COM INC, 818-668-2100 - 5,000,000 ($22,250,000.00) Equity, (File 333-114390 - Apr. 12) (BR. 05) S-1 GREENFIELD ONLINE INC, 15 RIVER ROAD, SUITE 310, WILTON, CT, 06890, 2038475700 - 0 ($75,000,000.00) Equity, (File 333-114391 - Apr. 12) (BR. 06) SB-2 CAMERON INTERNATIONAL INC, 480,000 ($360,000.00) Other, (File 333-114392 - Apr. 12) (BR. 09) S-3 CONSOLIDATED EDISON CO OF NEW YORK INC, 4 IRVING PL, NEW YORK, NY, 10003, 2124604600 - 0 ($550,000,000.00) Non-Convertible Debt, (File 333-114393 - Apr. 12) (BR. 02) S-3 ARCHSTONE SMITH OPERATING TRUST, 9200 E PANORAMA CIRCLE, STE 400, ENGLEWOOD, CO, 80112, 3037085959 - 0 ($450,000,000.00) Non-Convertible Debt, (File 333-114394 - Apr. 12) (BR. 08) S-8 VIRTRA SYSTEMS INC, 440 NORTH CENTER, ARLINGTON, TX, 76011, 8172650440 - 6,030,001 ($1,507,500.25) Equity, (File 333-114395 - Apr. 12) (BR. 05) S-3 AKSYS LTD, TWO MARRIOTT DR, STE 300, LIBERTYVILLE, IL, 60069, 8472476051 - 0 ($143,867,727.00) Other, (File 333-114396 - Apr. 12) (BR. 36) S-8 IRON MOUNTAIN INC/PA, 745 ATLANTIC AVENUE, BOSTON, MA, 02111, 6175354766 - 0 ($22,030,000.00) Equity, (File 333-114398 - Apr. 12) (BR. 05) S-3 FOSTER WHEELER LTD, PERRYVILLE CORPORATE PARK, SERVICE ROAD EST 173, CLINTON, NJ, 08809, 9087304270 - 0 ($35,490,000.00) Equity, (File 333-114400 - Apr. 12) (BR. 06) F-6 EDGARS CONSOLIDATED STORES LTD, EDGARDALE PRESS AVENUE, PO BOX 200 CROWN MINES 2025, SOUTH AFRICA, T3, 00000, 27114956000 - 10,000,000 ($500,000.00) ADRs/ADSs, (File 333-114402 - Apr. 12) (BR. ) S-8 BORDERS GROUP INC, 100 PHOENIX DRIVE, ANN ARBOR, MI, 48108, (734) 477-1100 - 0 ($71,670,000.00) Equity, (File 333-114403 - Apr. 12) (BR. 02) S-8 BROADCOM CORP, 16215 ALTON PARKWAY, IRVINE, CA, 92618, 9494508700 - 214,981 ($829,826.66) Equity, (File 333-114405 - Apr. 12) (BR. 36) S-4 FIRST MIDWEST CAPITAL TRUST I, 300 PARK BLVD SUITE 400, ITASCA, IL, 60143, 6308757468 - 0 ($125,000,000.00) Non-Convertible Debt, (File 333-114406 - Apr. 12) (BR. ) S-8 ZEPPELIN ENERGY INC, BANKERS HALL WEST TOWER, 888 3RD STREET SW, 10TH FLOOR, CALGARY, A0, T2P 5C5, (403) 444-6901 - 850,000 ($637,500.00) Equity, (File 333-114407 - Apr. 12) (BR. 04) S-8 TUFCO TECHNOLOGIES INC, 4800 SIMONTON ROAD, P. O. BOX 23500, GREEN BAY, WI, 54305, 9727891079 - 0 ($1,104,750.00) Equity, (File 333-114408 - Apr. 12) (BR. 04) S-8 DIGITALNET HOLDINGS INC, 2525 NETWORK PLACE, ., HERNDON, VA, 20171, 703-563-7500 - 0 ($7,014,539.00) Equity, (File 333-114409 - Apr. 12) (BR. 03) S-3 WASHINGTON REAL ESTATE INVESTMENT TRUST, 6110 EXECUTIVE BOULEVARD, SUITE 800, ROCKVILLE, MD, 20852, 3019295900 - 0 ($500,000,000.00) Equity, (File 333-114410 - Apr. 12) (BR. 08) F-3 GLOBAL SOURCES LTD /BERMUDA, CANON'S COURT, 22 VICTORIA STREET, HAMILTON, D0, HM 12, 0 ($300,000,000.00) Unallocated (Universal) Shelf, (File 333-114411 - Apr. 12) (BR. 37) N-2 KKR BDC INC, 9 WEST 57TH STREET, NEW YORK, NY, 10019, 2122309400 - 0 ($750,000,000.00) Equity, (File 333-114412 - Apr. 12) (BR. ) S-3 AVOCENT CORP, 4991 CORPORATE DRIVE, HUNTSVILLIE, AL, 35805, 2564304000 - 0 ($51,180,630.55) Equity, (File 333-114413 - Apr. 12) (BR. 03) S-8 AVOCENT CORP, 4991 CORPORATE DRIVE, HUNTSVILLIE, AL, 35805, 2564304000 - 0 ($33,299,603.75) Equity, (File 333-114414 - Apr. 12) (BR. 03) S-3 CAPTIVA SOFTWARE CORP, 10145 PACIFIC HEIGHTS BLVD., SAN DIEGO, CA, 92121, 858-320-1000 - 2,875,000 ($40,652,500.00) Equity, (File 333-114415 - Apr. 12) (BR. 03) S-8 HEARTLAND BANCSHARES INC /IN/, 420 NORTH MORTON STREET, FRANKLIN, IN, 46131, 3177383915 - 247,348 ($2,317,650.76) Equity, (File 333-114416 - Apr. 12) (BR. 07) 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. Item 10. Amendments to the Registrant's Code of Ethics, or Waiver of a Provision of the Code of Ethics. Item 11. Temporary Suspension of Trading Under Registrant's Employee Benefit Plans. Item 12. Results of Operations and Financial Condition. 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 10 11 12 13 DATE COMMENT ------------------------------------------------------------------------------------------------ AAIPHARMA INC DE X X 04/12/04 AAR CORP DE X X 04/12/04 ADVENTRX PHARMACEUTICALS INC DE X X 04/05/04 AEGIR VENTURES INC DE X X 04/06/04 AEGIS COMMUNICATIONS GROUP INC DE X X 04/07/04 AK STEEL HOLDING CORP DE X X 04/12/04 ALCIDE CORP DE X X 04/12/04 ALLIANCE CAPITAL MANAGEMENT HOLDING L DE X X 04/12/04 ALLIANCE CAPITAL MANAGEMENT L P DE X X 04/12/04 AMAZON COM INC DE X 04/12/04 AMERICAN LEISURE HOLDINGS INC NV X X 04/09/04 AMERICAN LEISURE HOLDINGS INC NV X X 04/09/04 ARGENT SECURITIES INC ASSET BACK PASS X 04/07/04 ASHFORD HOSPITALITY TRUST INC MD X X 01/28/04 AMEND ASSET BACKED SECURITIES CORP DE X 04/12/04 ATA HOLDINGS CORP IN X X 04/08/04 ATNG INC NV X 04/07/04 BAIRNCO CORP /DE/ DE X 04/12/04 BANK OF GRANITE CORP DE X X 04/12/04 BEA SYSTEMS INC DE X 04/12/04 BERKSHIRE INCOME REALTY INC X 12/31/03 AMEND BERKSHIRE INCOME REALTY INC X 12/31/03 AMEND BOSTON PRIVATE FINANCIAL HOLDINGS INC MA X 04/12/04 CAPITAL GOLD CORP NV X X 04/06/04 CAPITAL ONE MASTER TRUST NY X X 04/09/04 CAPITAL ONE MULTI ASSET EXECUTION TRU DE X X 04/09/04 CAPITAL ONE PRIME AUTO RECEIVABLES TR DE X X 04/12/04 CB BANCSHARES INC/HI HI X 04/12/04 CENTRAL VALLEY COMMUNITY BANCORP CA X X 04/09/04 CHESAPEAKE CORP /VA/ VA X 04/12/04 CHICAGO PIZZA & BREWERY INC CA X X 04/12/04 CIB MARINE BANCSHARES INC WI X 04/12/04 COMMUNITY BANCORP /VT VT X 04/08/04 COMPREHENSIVE CARE CORP DE X X 04/12/04 COMPUTER TASK GROUP INC NY X 04/12/04 CONNS INC DE X X X 04/12/04 COSI INC DE X X 03/29/04 COUNTRYSIDE REVIEW INC NV X X 04/12/04 COUNTRYWIDE FINANCIAL CORP DE X 03/31/04 COVAD COMMUNICATIONS GROUP INC DE X X 04/06/04 CREDIT SUISSE FIRST BOSTON MORTGAGE S DE X 04/12/04 CWABS INC ASSET-BACKED CERTIFICATES S DE X X 02/26/04 CWABS INC ASSET-BACKED CERTIFICATES S DE X X 02/26/04 DIAMOND OFFSHORE DRILLING INC DE X X 04/12/04 DIGITAL ANGEL CORP DE X X X 04/08/04 DOW CHEMICAL CO /DE/ DE X X 04/12/04 DSTAGE COM INC DE X 04/12/04 DUPONT E I DE NEMOURS & CO DE X 04/12/04 DVI INC DE X X 04/08/04 EAGLE PICHER HOLDINGS INC DE X X 04/12/04 EARTH SCIENCES INC CO X 04/08/04 EDELBROCK CORP DE X X 04/12/04 EMERITUS CORP\WA\ WA X X 04/01/04 ENTERGY CORP /DE/ DE X X X 04/12/04 FERRELLGAS PARTNERS L P DE X 04/12/04 FINOVA GROUP INC DE X 04/12/04 FIRST FINANCIAL BANCORP /CA/ CA X X 04/09/04 FIRST REAL ESTATE INVESTMENT TRUST OF NJ X 03/12/04 FOAMEX INTERNATIONAL INC DE X X 03/26/04 AMEND FOAMEX INTERNATIONAL INC DE X X 03/26/04 AMEND FORWARD AIR CORP TN X X 04/12/04 FOSTER WHEELER LTD D0 X 04/09/04 FRANKLIN FINANCIAL SERVICES CORP /PA/ PA X X 04/08/04 FRANKLIN LAKE RESOURCES INC /NV NV X X 04/01/04 FULTON FINANCIAL CORP PA X X 08/01/03 AMEND GANNETT CO INC /DE/ DE X 03/28/04 GATEWAY INC DE X 04/07/04 GEVITY HR INC FL X X 03/26/04 GMAC COMMERCIAL MORTGAGE SECURITIES I DE X X 04/08/04 GRAFTECH INTERNATIONAL LTD DE X 04/06/04 GREENPOINT MORTGAGE SECURITIES INC/ DE X X 03/15/04 GREENPOINT MORTGAGE SECURITIES INC/ DE X X 03/25/04 GREENPOINT MORTGAGE SECURITIES LLC DE X X 03/25/04 GS MORTGAGE SECURITIES CORP II DE X X 03/30/04 HANCOCK HOLDING CO MS X 04/08/04 HANOVER DIRECT INC DE X X X 03/26/04 HANOVER DIRECT INC DE X X 04/12/04 HIENERGY TECHNOLOGIES INC DE X 04/09/04 I FLOW CORP /DE/ DE X 04/12/04 IBSG INTERNATIONAL INC FL X X 04/06/04 INDEPENDENT BANK CORP MI X X 04/12/04 INGRAM MICRO INC DE X X 04/12/04 INLAND REAL ESTATE CORP MD X 04/12/04 INLAND REAL ESTATE CORP MD X 04/12/04 INTERGRAPH CORP DE X X 04/12/04 INTERMAGNETICS GENERAL CORP NY X X 01/27/04 AMEND INTERNET CAPITAL GROUP INC DE X X 04/08/04 INVESTORS FINANCIAL SERVICES CORP DE X 04/12/04 INVVISION CAPITAL INC NV X X 12/30/03 AMEND JP MORGAN CHASE COM MORT SEC CORP PS DE X X 09/30/03 AMEND JUPITERMEDIA CORP DE X X 04/01/04 AMEND KARRISON COMPAGNIE INC X X X X X 03/31/04 KAYDON CORP DE X X 04/12/04 KIMBERLY CLARK CORP DE X 04/12/04 KNIGHT TRANSPORTATION INC AZ X 04/12/04 KOMAG INC /DE/ DE X X 04/12/04 LANCER CORP /TX/ TX X X 04/01/04 LEE SARA CORP MD X X 04/06/04 LEE SARA CORP MD X X 04/06/04 LEE SARA CORP MD X X 04/06/04 LEHMAN BROTHERS HOLDINGS INC DE X 04/12/04 LIBERTY SELF STOR INC MD X X 04/09/04 LINCOLN GOLD CORP NV X X X X 03/26/04 MAI SYSTEMS CORP DE X X 04/12/04 MALAN REALTY INVESTORS INC MI X X 03/31/04 MASTR ADJUSTABLE RATE MORTGAGES TRUST DE X X 04/06/04 AMEND MASTR ADJUSTABLE RATE MORTGAGES TRUST DE X X 04/06/04 AMEND MEDIABAY INC FL X 04/12/04 MEDICAL DEVICE ALLIANCE INC NV X 01/28/04 AMEND MELLON BANK N A MA X 04/09/04 MELLON BANK N A MA X 04/09/04 MERISTAR HOSPITALITY CORP MD X X 04/12/04 MERISTAR HOSPITALITY OPERATING PARTNE DE X X 04/12/04 MICROISLET INC NV X 04/12/04 MIDDLEFIELD BANC CORP OH X X 04/12/04 MILESTONE SCIENTIFIC INC/NJ DE X X 04/08/04 MILLENNIA TEA MASTERS INC X X 04/06/04 MILLER DIVERSIFIED CORP NV X X 04/09/04 MONTEREY PASTA CO DE X X 01/28/04 AMEND MORGAN STANLEY ABS CAPITAL I INC DE X X 04/08/04 MORTGAGE ASSET SEC TRANS INC MASTR AD DE X X 03/30/04 MURPHY OIL CORP /DE DE X X 04/12/04 NATIONAL CITY CORP DE X X 04/12/04 AMEND NEOMEDIA TECHNOLOGIES INC DE X X 02/10/04 AMEND NEW YORK TIMES CO NY X X 04/12/04 NMS COMMUNICATIONS CORP DE X X 04/12/04 NOVELLUS SYSTEMS INC CA X X 04/12/04 PACIFIC GAS & ELECTRIC CO CA X 04/09/04 PACIFIC GAS & ELECTRIC CO CA X X 04/12/04 PARKER HANNIFIN CORP OH X X 04/12/04 PG&E CORP CA X 04/09/04 PG&E CORP CA X X 04/12/04 PHOSPHATE RESOURCE PARTNERS LIMITED P DE X 04/02/04 PHSB FINANCIAL CORP PA X X 04/09/04 PMA CAPITAL CORP PA X 04/12/04 PRINCIPAL LIFE INSURANCE CO IA X 03/29/04 PRO FAC COOPERATIVE INC NY X X 04/12/04 PROVO INTERNATIONAL INC DE X X 04/07/04 PSB GROUP INC MI X X 04/07/04 QUOVADX INC DE X X X 04/11/04 QUOVADX INC DE X X 04/12/04 RADNOR HOLDINGS CORP DE X 04/09/04 REDENVELOPE INC DE X X 04/12/04 RESIDENTIAL ASSET MORTGAGE PRODUCTS R DE X X 04/12/04 ROEBLING FINANCIAL CORP INC X X 04/08/04 ROLFE ENTERPRISES INC FL X X X 12/04/03 AMEND RUSS BERRIE & CO INC NJ X X 04/12/04 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