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EYE » Topics » Item 2. Unregistered Sales of Equity Securities and Use of Proceeds

This excerpt taken from the EYE 10-Q filed Aug 1, 2005.

Item 2. Unregistered Sales of Equity Securities and Use of Proceeds

 

(c) Purchases of Equity Securities by the Issuer

 

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

 

Period

   

(a) Total

Number of

Shares or Units

Purchased

   

(b) Average Price

Paid per Share or

Unit

   

(c) Total Number of

Shares or Units

Purchased as Part of

Publicly Announced

Plans or Programs

   

(d) Maximum

Number (or

Approximate Dollar

Value) of Shares or

Units that May Yet Be

Purchased Under the

Plans or Programs

March 26, 2005 –
April 29, 2005		    $3,000,000 in principal amount   

48.69 shares of common stock for each $1,000 principal amount of notes and accrued and unpaid interest

thereon

    None    None
April 30, 2005 –
May 27, 2005		    None    —      None    None
May 28, 2005 –
June 24, 2005		    None    —      None    None

 

33

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