SRZ » Topics » Part II. Other Information

This excerpt taken from the SRZ 10-Q filed May 8, 2009.
Part II. Other Information
 
Item 1.   Legal Proceedings
 
For information regarding pending and resolved or settled legal proceedings, see Note 9 to the condensed consolidated financial statements.
 
Item 1A.   Risk Factors
 
There were no material changes to the risk factors disclosed in Part I, “Item 1A. Risk Factors” of our 2008 Annual Report on Form 10-K for the year ended December 31, 2008.
 
Item 2.   Unregistered Sales of Equity Securities and Use of Proceeds
 
Our repurchases of shares of our common stock for the three months ended March 31, 2009 were as follows:
 
                                 
                Shares Purchased
    Maximum Number
 
    Total Number
    Average
    as Part of Publicly
    of Shares that May
 
    of Shares
    Price Paid
    Announced Plans
    Yet be Purchased
 
    Purchased(1)     per Share     or Programs     Under the Plans  
 
January 1 — January 31, 2009
                       
February 1 — February 28, 2009
                       
March 1 — March 31, 2009
    16,162     $ 0.60              
                                 
Total
    16,162     $ 0.60              
 
 
(1) Represents the number of shares acquired by us from a former employee as payment of applicable statutory withholding taxes owed upon vesting of restricted stock granted under our 2002 Stock Option and Restricted Stock Plan, as amended.
 
Item 3.   Defaults Upon Senior Securities
 
None
 
Item 4.   Submission of Matters to a Vote of Security Holders
 
None
 
Item 5.   Other Information
 
None
 
Item 6.   Exhibits
 
The exhibits required by this Item are set forth on the Index of Exhibits attached hereto.


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Table of Contents

Part II. Other Information
 
Item 1.   Legal Proceedings
 
For information regarding pending and resolved or settled legal proceedings, see Note 10 to the condensed consolidated financial statements.
 
Item 1A.   Risk Factors
 
There were no material changes to the risk factors disclosed in Part I, “Item 1A. Risk Factors” of our 2007 Annual Report on Form 10-K for the year ended December 31, 2007, except to the extent previously updated or to the extent additional factual information disclosed elsewhere in this Quarterly Report on Form 10-Q relates to such risk factors. In addition to the other information set forth in this report, you should carefully consider the risk factors discussed in our Annual Report on Form 10-K for the fiscal year ended December 31, 2007, which could materially affect our business, financial condition or future results. The risks described in our Annual Report on the Form 10-K are not the only risks facing our Company. Additional risks and uncertainties not currently known to us or that we currently deem to be immaterial also may materially adversely affect our business, financial condition and/or operating results.
 
As disclosed in our 2007 Form 10-K filed on July 31, 2008, subsequent to the filing of our 2006 Form 10-K on March 24, 2008, we received correspondence from the staff of the SEC relating to our 2006 Form 10-K. We engaged in correspondence with the SEC staff and resolved the outstanding comments except that we were not in a position to include the separate financial statements of three ventures that the SEC staff requested be included pursuant to


39


 

Rule 3-09 of Regulation S-X, and reflected our responses to these comments in our 2007 Form 10-K. It is possible that we may receive additional comments from the SEC staff relating to new matters related to our 2007 Form 10-K or other periodic reports filed by us with the SEC, including this Form 10-Q. Such comments may require that we amend or supplement, possibly significantly, the disclosures in our 2007 Form 10-K, this Form 10-Q or other periodic reports filed by us with the SEC.
 
Item 2.   Unregistered Sales of Equity Securities and Use of Proceeds
 
Our repurchases of shares of our common stock for the three months ended June 30, 2008 were as follows:
 
                                 
                Shares Purchased
    Maximum Number
 
    Total Number
    Average
    as Part of Publicly
    of Shares that May
 
    of Shares
    Price Paid
    Announced Plans
    Yet be Purchased
 
    Purchased(1)     per Share     or Programs     Under the Plans  
 
April 1 — April 30, 2008
    405     $ 20.75              
May 1 — May 31, 2008
                       
June 1 — June 30, 2008
                       
                                 
Total
    405     $ 20.75              
 
 
(1) Represents the number of shares acquired by us from our former president as payment of applicable statutory withholding taxes owed upon vesting of restricted stock granted under our 2002 Stock Option and Restricted Stock Plan, as amended.
 
Item 3.   Defaults Upon Senior Securities
 
None
 
Item 4.   Submission of Matters to a Vote of Security Holders
 
None
 
Item 5.   Other Information
 
None
 
Item 6.   Exhibits
 
The exhibits required by this Item are set forth on the Index of Exhibits attached hereto.


40


 

Part II. Other Information
 
Item 1.   Legal Proceedings
 
For information regarding pending and resolved or settled legal proceedings, see Note 10 to the condensed consolidated financial statements.
 
Item 1A.   Risk Factors
 
There were no material changes to the risk factors disclosed in Part I, “Item 1A. Risk Factors” of our Annual Report on Form 10-K for the year ended December 31, 2007, except to the extent previously updated. In addition to the other information set forth in this report, you should carefully consider the risk factors discussed in our Annual Report on Form 10-K for the fiscal year ended December 31, 2007, which could materially affect our business, financial condition or future results. The risks described in our 2007 Annual Report on the Form 10-K are not the only risks facing our Company. Additional risks and uncertainties not currently known to us or that we currently deem to be immaterial also may materially adversely affect our business, financial condition and/or operating results.
 
As disclosed in our 2007 Form 10-K filed on July 31, 2008, subsequent to the filing of our 2006 Form 10-K on March 24, 2008, we received correspondence from the staff of the SEC relating to our 2006 Form 10-K. We engaged in correspondence with the SEC staff and resolved the outstanding comments except that we were not in a position to include the separate financial statements of three ventures that the SEC staff requested be included pursuant to Rule 3-09 of Regulation S-X, and reflected our responses to these comments in our 2007 Form 10-K. It is possible that we may receive additional comments from the SEC staff relating to new matters related to our 2007 Form 10-K or other periodic reports filed by us with the SEC, including this Form 10-Q. Such comments may require that we amend or supplement, possibly significantly, the disclosures in our 2007 Form 10-K, this Form 10-Q or other periodic reports filed by us with the SEC.


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