_________________
Timothy R. Lavender
Kelley Drye & Warren LLP
333 West Wacker Drive
Chicago, Illinois 60606
312-857-2630
(Name, Address and
Telephone Number of Person
Authorized to Receive Notices and Communications)
January 15, 2004
_________________
(Date of Event Which Requires Filing of This Statement)
If the filing person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of Rule 13d-1(e), 13d-1(f) or 13d-1(g), check the following box |_|.
CUSIP NO. 231910100
1. | NAME
OF REPORTING PERSONS Scott J. Hammack |
2. | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) |_| |
(b) |_| | |
3. | SEC USE ONLY |
4. | SOURCE OF FUNDS PF |
5. | CHECK BOX IF DISCLOSURE OF
LEGAL PROCEEDINGS IS REQUIED PURSUANT TO ITEM 2(d) OR 2(e) |_| |
6. | CITIZENSHIP OR PLACE OF ORGANIZATION United States |
NUMBER OF SHARES BENEFICIALLY |
7. | SOLE VOTING POWER 1,202,560 |
OWNED BY EACH REPORTING PERSON WITH |
8. | SHARED VOTING POWER 0 |
9. | SOLE DISPOSITIVE POWER 1,202,560 | |
10. | SHARED DISPOSITIVE POWER 0 |
11. | AGGREGATE AMOUNT
BENEFICIALLY OWNED BY EACH REPORTING PERSON 1,202,560 |
12. | CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES |_| |
13. | PERCENT OF CLASS REPRESENTED
BY AMOUNT IN ROW (11) 4.8% |
14. | TYPE OF REPORTING PERSON IN |
The Reporting Person is filing this Amendment No. 3 to Schedule 13D for the sole purpose of correcting inadvertent typographical errors in Item 5 of Amendment No. 2 to the Schedule 13D filed at 5:29 pm on January 20, 2004.
The typographical errors were related to (i) the record date of December 3, 2003 and (ii) the price set forth for transactions properly shown in this Amendment No. 3 for January 14, 2003.
None of the corrections reported in this Amendment No. 3 to Schedule 13D reflect additional dispositions beyond those reported in Amendment. No. 2 to Schedule 13D.
Item 5. Interest in Securities of the Issuer
As of the date of this filing, Mr. Hammack is the beneficial owner of 1,202,560 shares of Common Stock, which constitutes 4.8% of the outstanding Common Stock of the Issuer (based upon the number of shares outstanding as reported in the Issuers Definitive Proxy Statement on Schedule 14A as of the close of business of the record date of December 3, 2003), considering as currently outstanding the 994,396 shares of Common Stock beneficially owned by Mr. Hammack which are issuable upon exercise of vested options and upon exercise of the Warrant.
Mr. Hammack has the sole power to vote or direct the vote and the sole power to dispose or to direct the disposition of 1,202,560 shares of Common Stock.
The sale transactions described in the table below were effected on behalf of Mr. Hammack by his investment advisor Merrill Lynch & Co. according to the terms of Mr. Hammacks Rule 10b5-1 Plan, and the exercise of certain of his options having an exercise price of $1.51, in open market sales resulting in a change in beneficial ownership by an amount greater than 1% of the Issuers outstanding common stock (and a reduction in aggregate beneficial ownership to less than 5%).
Date of Sale
|
No. Of Shares Sold
|
Sale Price per Share
|
---|---|---|
January 5, 2004 |
100 400 126 200 74 300 800 200 100 400 100 700 1,500 2,100 400 1,000 2,500 3,500 3,837 1,130 300 200 33 |
$8.55 $8.57 $8.58 $8.59 $8.60 $8.62 $8.64 $8.65 $8.68 $8.70 $8.71 $8.72 $8.73 $8.75 $8.77 $8.96 $8.99 $9.00 $9.00 $9.02 $9.04 $9.05 $9.08 |
January 6, 2004 |
2,150 350 100 980 3,200 20 700 100 2,200 1,700 700 600 2,200 |
$8.67 $8.68 $8.70 $8.72 $8.75 $8.76 $8.85 $8.86 $8.87 $8.89 $8.90 $8.95 $9.00 |
January 7, 2004 |
500 300 200 900 100 3,000 900 1,900 700 1,000 2,500 2,100 1,900 300 1,000 900 100 5,700 400 700 1,500 200 700 1,500 440 1,460 100 197 3,100 3,400 100 2,750 453 1,000 2,469 31 1,500 |
$8.60 $8.60 $8.60 $8.61 $8.62 $8.65 $8.68 $8.70 $8.71 $8.72 $8.75 $8.80 $8.83 $8.70 $8.71 $8.75 $8.79 $8.80 $8.81 $8.82 $8.85 $8.87 $8.90 $9.03 $9.04 $9.05 $9.05 $9.16 $9.21 $9.25 $9.29 $9.30 $9.31 $9.34 $9.35 $9.37 $9.43 |
January 8, 2004 |
1,000 2,000 500 8,600 100 2,500 1,800 3,300 6,600 200 600 500 2,000 100 2,100 2,100 11,200 4,700 2,500 1,200 3,100 600 9,500 6,200 4,100 4,500 1,900 500 1,800 1,800 100 400 100 100 100 1,000 1,600 4,000 |
$9.60 $9.62 $9.63 $9.65 $9.66 $9.67 $9.68 $9.70 $9.75 $9.77 $9.78 $9.79 $9.80 $9.81 $9.82 $9.83 $9.85 $9.85 $9.86 $9.87 $9.88 $9.89 $9.90 $9.90 $9.91 $9.92 $9.93 $9.93 $9.94 $9.95 $9.96 $9.97 $9.98 $9.98 $9.99 $10.00 10.00 10.04 |
January 12, 2004 |
3,540 1,302 100 358 3,109 4,200 1,800 600 1,500 600 491 1,800 400 100 200 300 100 100 900 1,000 |
$9.80 $9.81 $9.81 $9.84 $9.85 $9.90 $9.91 $9.92 $9.93 $9.95 $9.96 $10.00 $10.02 $10.04 $10.05 $10.06 $10.09 $10.10 $10.20 $10.25 |
January 13, 2004 |
3,800 982 4,559 300 200 1,640 1,300 200 560 459 200 744 500 100 200 1,300 500 456 400 |
$9.25 $9.26 $9.28 $9.28 $9.29 $9.30 $9.31 $9.32 $9.34 $9.35 $9.37 $9.40 $9.60 $9.61 $9.63 $9.65 $9.80 $9.81 $9.85 |
January 14, 2004 |
634 1,166 100 2,746 100 1,500 74 2,226 3,500 300 2,800 100 1,854 100 |
$9.25 $9.26 $9.30 $9.30 $9.31 $9.35 $9.36 $9.38 $9.40 $9.41 $9.42 $9.43 $9.45 $9.50 |
January 15, 2004 |
100 1,300 1,900 600 800 400 200 1,100 1,600 1,000 3,700 140 900 100 1,200 860 |
$9.31 $9.32 $9.33 $9.34 $9.38 $9.38 $9.38 $9.39 $9.40 $9.41 $9.43 $9.44 $9.45 $9.47 $9.50 $9.51 |
Except as described herein, Mr. Hammack has not had any transactions in the capital stock of the Issuer in the past sixty days.
No other person has the right to receive or the power to direct the receipt of dividends from, or the proceeds from the sales of, the Common Stock beneficially owned by Mr. Hammack.
After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct.
January 21, 2004 (Date) /s/ Scott J. Hammack Scott J. Hammack |