This excerpt taken from the EYE 10-Q filed Aug 1, 2005.
During the quarter ended June 24, 2005, we issued an aggregate of 160,695 shares of common stock to a holder of our 3 1/2% Convertible Senior Subordinated Notes due 2023 (the 3 1/2% convertible notes) in exchange for $3.0 million aggregate principal amount of the 3 1/2% convertible notes in privately negotiated transactions (the Private Exchanges). The issuance of the shares of common stock was made in reliance on Section 3(a)(9) of the Securities Act of 1933, as amended.
The following sets forth the amount of 3 1/2% convertible notes acquired by AMO in the Private Exchanges during the quarter ended June 24, 2005:
ISSUER PURCHASES OF EQUITY SECURITIES