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Annual Reports

  • 10-K (Apr 29, 2010)
  • 10-K (Feb 26, 2010)
  • 10-K (Jun 11, 2009)
  • 10-K (Mar 13, 2009)
  • 10-K (May 13, 2008)
  • 10-K (Apr 29, 2008)

 
Quarterly Reports

 
8-K

 
Other

Symyx Technologies 10-K 2009

Documents found in this filing:

  1. Symyx Technologies Inc 10-K A 12-31-2008
  2. Exhibit 31.1
  3. Exhibit 31.2
  4. Complete submission text file
form10ka.htm
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 
WASHINGTON, D.C. 20549

FORM 10-K/A

Amendment No. 1

 
T
ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

For the fiscal year ended December 31, 2008

or

£
TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

For the transition period from ___________ to ___________

Commission file number 000-27765

SYMYX TECHNOLOGIES, INC.
(Exact Name of Registrant as Specified in Its Charter)

Delaware
77-0397908
(State or Other Jurisdiction of Incorporation or Organization)
(IRS Employer Identification Number)
   
1263 East Arques Avenue
  
Sunnyvale, California 94085
(408) 764-2000
(Address of Principal Executive Offices Including Zip Code)
(Registrant's Telephone Number, Including Area Code)

SECURITIES REGISTERED PURSUANT TO SECTION 12(b) OF THE ACT:
Class:     Common Stock, $0.001 Par Value
Name of Each Exchange on Which Registered:
NASDAQ Global Select Market


SECURITIES REGISTERED PURSUANT TO SECTION 12(g) OF THE ACT:
None

Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act.
£Yes   TNo

 
Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act.
£Yes   TNo

Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.
 
TYes £No

Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and will not be contained, to the best of registrant's knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K.
 
T

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See the definition of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act. (Check one).

£ Large accelerated filer
T Accelerated filer
£ Non-accelerated filer (Do not check if a smaller reporting company)
£ Smaller Reporting Company


Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).
£Yes  TNo

The aggregate market value of the registrant’s common stock held by non-affiliates as of June 30, 2008 (the last business day of the registrant's most recently completed second fiscal quarter) was $132.5 million, based on the closing price for the common stock on the NASDAQ Global Select Market on such date. The determination of affiliate status for the purposes of this calculation is not necessarily a conclusive determination for other purposes. The calculation excludes approximately 14,793,000 shares held by directors, officers and stockholders whose ownership exceeded 5 percent of the registrant’s outstanding common stock as of June 30, 2008. Exclusion of these shares should not be construed to indicate that such person controls, is controlled by or is under common control with the Registrant.
 
 
 
 

As of February 27, 2009, 34,031,617 shares of the registrant’s common stock were outstanding.



DOCUMENTS INCORPORATED BY REFERENCE

Certain sections of the definitive proxy statement filed with the Securities and Exchange Commission on April 29, 2009 in connection with the registrant’s 2009 Annual Meeting of Stockholders are incorporated by reference into Items 10, 11, 12, 13 and 14 of Part III of this Annual Report on Form 10-K where indicated. Except with respect to the information specifically incorporated by reference in this Form 10-K, the registrant’s proxy statement is not deemed to be filed as part hereof.
 
 
EXPLANATORY NOTE>

We are filing this amendment to our Annual Report on Form 10-K, originally filed with the Securities and Exchange Commission on March 13, 2009, solely for the purpose of deleting Exhibit 10.43, because such exhibit is not required to be filed.  This amendment to our Annual Report on Form 10-K only changes the list of exhibits in Part IV, Item 15, Subsection (b) and the Exhibit Index; no other information included in the Annual Report on Form 10-K is amended by this Form 10-K/A. In addition, we are also including Exhibits 31.1 and 31.2 required by the filing of this amendment.

 
 
 

PART IV

ITEM 15. EXHIBITS AND FINANCIAL STATEMENT SCHEDULES

(a)( 1).   FINANCIAL STATEMENTS

The following Financial Statements of Symyx Technologies, Inc.  and the Report of Ernst & Young LLP, Independent Registered Public Accounting Firm, have been filed as part of this Annual Report on Form 10-K.  See index to Consolidated Financial Statements under Item 8 above:

Report of Independent Registered Public Accounting Firm
Consolidated Balance Sheets at December 31, 2008 and 2007
Consolidated Statements of Operations for the Years Ended December 31, 2008, 2007 and 2006
Consolidated Statements of Stockholders’ Equity for the Years Ended December 31, 2008, 2007 and 2006
Consolidated Statements of Cash Flows for the Years Ended December 31, 2008, 2007 and 2006
Notes to Consolidated Financial Statements


All schedules are omitted as the required information is inapplicable or the information is presented in the Consolidated Financial Statements and notes thereto in Item 8 above.

(a) (3).  EXHIBITS

Refer to (b) below.

(b) EXHIBITS

Exhibit
Number
  
Description of Document
*2.1
(7)
Agreement and Plan of Merger, dated as of November 12, 2004, by and among Symyx Technologies, Inc., and  IntelliChem, Inc.
#2.2
(20)
Sale Agreement by and among Elsevier Inc., Elsevier Swiss Holdings S.A., Elsevier Japan KK, Elsevier Limited and MDL Information Systems (UK) Limited as sellers and Symyx Technologies, Inc.  as buyer
3.1
(1)
Amended and Restated Certificate of Incorporation
3.2
(18)
Amended and Restated Bylaws of Symyx Technologies, Inc.
3.3
(8)
Certificate of Amendment to the Amended and Restated Bylaws of Symyx Technologies, Inc.
4.1
(2)
Specimen Common Stock Certificate
**10.1
(9)
Synthematix, Inc.  Amended and Restated 2000 Equity Compensation Plan and forms of agreements thereunder
**10.2
(2)
1996 Stock Plan and forms of agreements thereunder
**10.3
(11)
Amended and Restated 1997 Stock Plan and forms of agreements thereunder
**10.4
(2)
1999 Employee Stock Purchase Plan
**10.8
(16)
Form of Restricted Stock Agreement under the Symyx Technologies, Inc.  1997 Stock Plan
10.10
(2)
Collaborative Research and License Agreement dated January 1, 1999 between Symyx and The Dow Chemical Company
10.11
(2)
License Agreement dated June 22, 1995 between Symyx and Lawrence Berkeley Laboratory, on behalf of The Regents of the University of California
10.13
(3)
Lease by and between East Arques Sunnyvale, LLC and Symyx Technologies, Inc.  for the premises at 1263 E.  Arques, Sunnyvale, California, and addenda and inserts thereto
**10.14
(4)
2001 Nonstatutory Stock Option Plan
*10.16
(5)
Alliance, Technology Transfer, and License Agreement effective April 1, 2003 between Symyx Technologies, Inc., Symyx Discovery Tools, Inc.  and ExxonMobil Research and Engineering Company
*10.17
(8)
Alliance Agreement dated December 16, 2004 between Symyx Technologies, Inc., Symyx Discovery Tools, Inc.  and The Dow Chemical Company
**10.18
(8)
2003 IntelliChem, Inc.  Stock Option Plan and forms of agreements thereunder
10.19
(10)
Lease by and between Oakmead Ventures LLC and Symyx Technologies, Inc.  for the premises at 415 Oakmead Parkway, Sunnyvale, California, and addenda and inserts thereto
**10.20
(16)
Form of Restricted Stock Unit Agreement under the Symyx Technologies, Inc.  1997 Stock Plan.

 
 
 
 
Exhibit
Number
  
Description of Document
10.21
(13)
First Amendment to Lease dated  January 19, 2007 by and between Symyx Technologies, Inc.  and East Arques Sunnyvale,  LLC for the premises at 1263 East Arques Avenue, Sunnyvale, California and addenda and inserts thereto
**10.23
(17)
Symyx Technologies, Inc.  Executive Change in Control and Severance Benefit Plan
**10.26
(21)
Form of Restricted Stock Unit Award under the Symyx Technologies, Inc.  2007 Stock Incentive Plan
**10.27
(21)
Form of Director and Executive Officer Indemnification Agreement
10.28
(22)
Credit Agreement, dated as of September 28, 2007, by and among Symyx Technologies, Inc.  as borrower, Bank of America, N.A.  as administrative agent and L/C issuer, and the other lenders from time to time party thereto
**10.29
(23)
Form of Stock Option Agreement under the Symyx Technologies, Inc.  2007 Stock Incentive Plan
**10.30
(24)
Form of Stock Option Agreement under the Symyx Technologies, Inc.  2001 Nonstatutory Stock Option Plan
**10.31
(25)
2007 Stock Incentive Plan, as amended
*10.32
(26)
Supplemental Agreement, by and between Symyx Technologies, Inc.  and The Dow Chemical Company
**10.34
(27)
Fiscal Year 2008/2009 Base Salaries and Target Bonus Payouts for Executive Officers
**10.35
(12)
Symyx Technologies, Inc.’s Offer Letter to Rex S.  Jackson Dated January 30, 2007
**10.36
(12)
Symyx Technologies, Inc.’s Offer Letter to Timothy E.  Campbell Dated February 6, 2007
**10.37
(12)
Symyx Technologies, Inc.’s Offer Letter to Richard Boehner Dated March 13, 2007
**10.38
(14)
Consulting and Independent Contractor Services Agreement between Symyx Technologies, Inc.  and David Hill
**10.39
(14)
Symyx Technologies, Inc.  Executive Change in Control and Severance Benefit Plan Confirmation by Dr.  W.  Henry Weinberg
**10.40
(14)
Symyx Technologies, Inc.’s Offer Letter to Dr.  W.  Henry Weinberg Dated March 6, 1996
**10.41
(14)
Symyx Technologies, Inc.’s Offer Letter to Mr.  Steven D.  Goldby Dated April 28, 1998
**10.42
(19)
First Amendment to the Consulting and Independent Contractor and Service Agreement and Work Orders between Symyx Technologies, Inc.  and David C.  Hill
10.44
(28)
Amendment to Credit Agreement, dated as of March 12, 2009, among Symyx Technologies, Inc., each lender from time to time party thereto, and Bank of America, N.A.  as administrative agent and L/C issuer
14
(6)
Symyx Technologies, Inc.  Code of Conduct and Ethics
21
(28)
List of Subsidiaries
23.1
(28)
Consent of Independent Registered Public Accounting Firm
24.1
 
Power of Attorney (reference is made to the signature page of this report)
31.1
(28)
Certification of Chief Executive Officer pursuant to Rules 13a-14(a) and 15d-14(a) promulgated under the Securities Exchange Act of 1934, as amended, as adopted pursuant to Section 302(a) of the Sarbanes-Oxley Act of 2002.
31.2
(28)
Certification of Chief Financial Officer pursuant to Rules 13a-14(a) and 15d-14(a) promulgated under the Securities Exchange Act of 1934, as amended, as adopted pursuant to Section 302(a) of the Sarbanes-Oxley Act of 2002.
32.1
(28)
Certification of Chief Executive Officer pursuant to 18 U.S.C.  Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
32.2
(28)
Certification of Chief Financial Officer pursuant to 18 U.S.C.  Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.

*     Confidential treatment has been requested for portions of these exhibits.
**   Management contracts or compensatory plans or arrangements.
#     All schedules and similar attachments to the sales agreement have been omitted.  Copies of such schedules and similar attachments will be furnished supplementally to the SEC upon request.
___________________

(1)
Incorporated by reference to the same number exhibit filed with Registrant’s Quarterly Report on Form 10-Q for the period ended June 30, 2003.

(2)
Incorporated by reference to the same number exhibit filed with Registrant’s Registration Statement on Form S-1 (File No.  333-87453), as amended.

(3)
Incorporated by reference to the same number exhibit filed with Registrant’s Annual Report on Form 10-K for the year ended December 31, 2000.

 
 
 

(4)
Incorporated by reference to exhibit 4.1 filed with Registrant’s Registration Statement on Form S-8 (File No.  333-82166).

(5)
Incorporated by reference to the same number exhibit filed with Registrant’s Quarterly Report on Form 10-Q for the period ended September 30, 2003.

(6)
Incorporated by reference to the same number exhibit filed with Registrant’s Annual Report on Form 10-K for the year ended December 31, 2003.

(7)
Incorporated by reference to the same number exhibit filed with Registrant’s Current Report on Form 8-K on December 2, 2004.

(8)
Incorporated by reference to the same number exhibit filed with Registrant’s Annual Report on Form 10-K for the year ended December 31, 2004.

(9)
Incorporated by reference to the same number exhibit filed with Registrant’s Quarterly Report on Form 10-Q for the period ended March 31, 2005.

(10)
Incorporated by reference to the same number exhibit filed with Registrant’s Current Report on Form 8-K on November 15, 2005.

(11)
Incorporated by reference to the same number exhibit filed with Registrant’s Annual Report on Form 10-K for the year ended December 31, 2005.

(12)
Incorporated by reference to the same number exhibit filed with Registrant’s Quarterly Report on Form 10-Q for the period ended March 31, 2008.

(13)
Incorporated by reference to the same number exhibit filed with Registrant’s Current Report on Form 8-K on January 19, 2007.

(14)
Incorporated by reference to the same number exhibit filed with Registrant’s Quarterly Report on Form 10-Q for the period ended June 30, 2008.

(15)
Incorporated by reference to the same number exhibit filed with Registrant’s Current Report on Form 8-K on February 14, 2007.

(16)
Incorporated by reference to the same number exhibit filed with the Registrant’s Annual Report on Form 10-K for the year ended December 31, 2006.

(17)
Incorporated by reference to the same number exhibit filed with Registrant’s Quarterly Report on Form 10-Q for the period ended March 31, 2007.

(18)
Incorporated by reference to the same number exhibit filed with Registrant’s Current Report on Form 8-K filed on December 1, 2008 (SEC File No.  000-27765).

(19)
Incorporated by reference to the same number exhibit filed with Registrant’s Current Report on Form 8-K on November 7, 2008.

(20)
Incorporated by reference to Exhibit 10.25 filed with Registrant’s Current Report on Form 8-K on August 15, 2007.

(21)
Incorporated by reference to the same number exhibit filed with Registrant’s Current Report on Form 8-K on September 4, 2007.

(22)
Incorporated by reference to the same number exhibit filed with Registrant’s Current Report on Form 8-K on October 4, 2007.

(23)
Incorporated by reference to the same number exhibit filed with Registrant’s Current Report on Form 8-K on November 8, 2007.

(24)
Incorporated by reference to Exhibit 10.7 filed with Registrant’s Quarterly Report on Form 10-Q for the period ended September 30, 2007.

(25)
Incorporated by reference to Exhibit 99.1 filed with Registrant’s Registration Statement on Form S-8 filed on August 8, 2008 (SEC File No.  333-152893).

(26)
Incorporated by reference to the same number exhibit filed with Registrant’s Annual Report on Form 10-K for the period ended December 31, 2007.

(27)
Incorporated by reference to Item 5.02 of the Registrant’s Current Report on Form 8-K filed on February 24, 2009.

 
 
 

(28)
Incorporated by reference to the same number exhibit filed with Registrant’s Annual Report on Form 10-K for the period ended December 31, 2008.

 
 
 

SIGNATURES


Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.



 
SYMYX TECHNOLOGIES, INC.
 
   (Registrant)
     
     
     
Date:  June 10, 2009
/s/ Isy Goldwasser
  
 
Isy Goldwasser
 
Chief Executive Officer
 
(Principal Executive Officer)
     
     
Date:  June 10, 2009
/s/ Rex S. Jackson
  
 
Rex S. Jackson
 
Executive Vice President,
 
Chief Financial Officer
 
(Principal Financial Officer)

 
 
 

EXHIBIT INDEX TO FORM 10-K


Exhibit
Number
  
Description of Document
*2.1
(7)
Agreement and Plan of Merger, dated as of November 12, 2004, by and among Symyx Technologies, Inc., and  IntelliChem, Inc.
#2.2
(20)
Sale Agreement by and among Elsevier Inc., Elsevier Swiss Holdings S.A., Elsevier Japan KK, Elsevier Limited and MDL Information Systems (UK) Limited as sellers and Symyx Technologies, Inc.  as buyer
3.1
(1)
Amended and Restated Certificate of Incorporation
3.2
(18)
Amended and Restated Bylaws of Symyx Technologies, Inc.
3.3
(8)
Certificate of Amendment to the Amended and Restated Bylaws of Symyx Technologies, Inc.
4.1
(2)
Specimen Common Stock Certificate
**10.1
(9)
Synthematix, Inc.  Amended and Restated 2000 Equity Compensation Plan and forms of agreements thereunder
**10.2
(2)
1996 Stock Plan and forms of agreements thereunder
**10.3
(11)
Amended and Restated 1997 Stock Plan and forms of agreements thereunder
**10.4
(2)
1999 Employee Stock Purchase Plan
**10.8
(16)
Form of Restricted Stock Agreement under the Symyx Technologies, Inc.  1997 Stock Plan
10.10
(2)
Collaborative Research and License Agreement dated January 1, 1999 between Symyx and The Dow Chemical Company
10.11
(2)
License Agreement dated June 22, 1995 between Symyx and Lawrence Berkeley Laboratory, on behalf of The Regents of the University of California
10.13
(3)
Lease by and between East Arques Sunnyvale, LLC and Symyx Technologies, Inc.  for the premises at 1263 E.  Arques, Sunnyvale, California, and addenda and inserts thereto
**10.14
(4)
2001 Nonstatutory Stock Option Plan
*10.16
(5)
Alliance, Technology Transfer, and License Agreement effective April 1, 2003 between Symyx Technologies, Inc., Symyx Discovery Tools, Inc. and ExxonMobil Research and Engineering Company
*10.17
(8)
Alliance Agreement dated December 16, 2004 between Symyx Technologies, Inc., Symyx Discovery Tools, Inc.  and The Dow Chemical Company
**10.18
(8)
2003 IntelliChem, Inc.  Stock Option Plan and forms of agreements thereunder
10.19
(10)
Lease by and between Oakmead Ventures LLC and Symyx Technologies, Inc.  for the premises at 415 Oakmead Parkway, Sunnyvale, California, and addenda and inserts thereto
**10.20
(16)
Form of Restricted Stock Unit Agreement under the Symyx Technologies, Inc.  1997 Stock Plan.
10.21
(13)
First Amendment to Lease dated  January 19, 2007 by and between Symyx Technologies, Inc.  and East Arques Sunnyvale,  LLC for the premises at 1263 East Arques Avenue, Sunnyvale, California and addenda and inserts thereto
**10.23
(17)
Symyx Technologies, Inc.  Executive Change in Control and Severance Benefit Plan
**10.26
(21)
Form of Restricted Stock Unit Award under the Symyx Technologies, Inc.  2007 Stock Incentive Plan
**10.27
(21)
Form of Director and Executive Officer Indemnification Agreement
10.28
(22)
Credit Agreement, dated as of September 28, 2007, by and among Symyx Technologies, Inc.  as borrower, Bank of America, N.A.  as administrative agent and L/C issuer, and the other lenders from time to time party thereto
**10.29
(23)
Form of Stock Option Agreement under the Symyx Technologies, Inc. 2007 Stock Incentive Plan
**10.30
(24)
Form of Stock Option Agreement under the Symyx Technologies, Inc. 2001 Nonstatutory Stock Option Plan
**10.31
(25)
2007 Stock Incentive Plan, as amended
*10.32
(26)
Supplemental Agreement, by and between Symyx Technologies, Inc. and The Dow Chemical Company
**10.34
(27)
Fiscal Year 2008/2009 Base Salaries and Target Bonus Payouts for Executive Officers
**10.35
(12)
Symyx Technologies, Inc.’s Offer Letter to Rex S.  Jackson Dated January 30, 2007
**10.36
(12)
Symyx Technologies, Inc.’s Offer Letter to Timothy E.  Campbell Dated February 6, 2007
**10.37
(12)
Symyx Technologies, Inc.’s Offer Letter to Richard Boehner Dated March 13, 2007
**10.38
(14)
Consulting and Independent Contractor Services Agreement between Symyx Technologies, Inc.  and David Hill
**10.39
(14)
Symyx Technologies, Inc.  Executive Change in Control and Severance Benefit Plan Confirmation by Dr.  W.  Henry Weinberg
**10.40
(14)
Symyx Technologies, Inc.’s Offer Letter to Dr.  W.  Henry Weinberg Dated March 6, 1996
**10.41
(14)
Symyx Technologies, Inc.’s Offer Letter to Mr.  Steven D.  Goldby Dated April 28, 1998
**10.42
(19)
First Amendment to the Consulting and Independent Contractor and Service Agreement and Work Orders between Symyx Technologies, Inc.  and David C.  Hill

 
 
 
 
Exhibit
Number
  
Description of Document
10.44
(28)
Amendment to Credit Agreement, dated as of March 12, 2009, among Symyx Technologies, Inc., each lender from time to time party thereto, and Bank of America, N.A. as administrative agent and L/C issuer
14
(6)
Symyx Technologies, Inc.  Code of Conduct and Ethics
21
(28)
List of Subsidiaries
23.1
(28)
Consent of Independent Registered Public Accounting Firm
24.1
 
Power of Attorney (reference is made to the signature page of this report)
31.1
(28)
Certification of Chief Executive Officer pursuant to Rules 13a-14(a) and 15d-14(a) promulgated under the Securities Exchange Act of 1934, as amended, as adopted pursuant to Section 302(a) of the Sarbanes-Oxley Act of 2002.
31.2
(28)
Certification of Chief Financial Officer pursuant to Rules 13a-14(a) and 15d-14(a) promulgated under the Securities Exchange Act of 1934, as amended, as adopted pursuant to Section 302(a) of the Sarbanes-Oxley Act of 2002.
32.1
(28)
Certification of Chief Executive Officer pursuant to 18 U.S.C.  Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
32.2
(28)
Certification of Chief Financial Officer pursuant to 18 U.S.C.  Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.

*     Confidential treatment has been requested for portions of these exhibits.
**   Management contracts or compensatory plans or arrangements.
#     All schedules and similar attachments to the sales agreement have been omitted.  Copies of such schedules and similar attachments will be furnished supplementally to the SEC upon request.
___________________

(1)
Incorporated by reference to the same number exhibit filed with Registrant’s Quarterly Report on Form 10-Q for the period ended June 30, 2003.

(2)
Incorporated by reference to the same number exhibit filed with Registrant’s Registration Statement on Form S-1 (File No.  333-87453), as amended.

(3)
Incorporated by reference to the same number exhibit filed with Registrant’s Annual Report on Form 10-K for the year ended December 31, 2000.

(4)
Incorporated by reference to exhibit 4.1 filed with Registrant’s Registration Statement on Form S-8 (File No.  333-82166).

(5)
Incorporated by reference to the same number exhibit filed with Registrant’s Quarterly Report on Form 10-Q for the period ended September 30, 2003.

(6)
Incorporated by reference to the same number exhibit filed with Registrant’s Annual Report on Form 10-K for the year ended December 31, 2003.

(7)
Incorporated by reference to the same number exhibit filed with Registrant’s Current Report on Form 8-K on December 2, 2004.

(8)
Incorporated by reference to the same number exhibit filed with Registrant’s Annual Report on Form 10-K for the year ended December 31, 2004.

(9)
Incorporated by reference to the same number exhibit filed with Registrant’s Quarterly Report on Form 10-Q for the period ended March 31, 2005.

(10)
Incorporated by reference to the same number exhibit filed with Registrant’s Current Report on Form 8-K on November 15, 2005.

(11)
Incorporated by reference to the same number exhibit filed with Registrant’s Annual Report on Form 10-K for the year ended December 31, 2005.

(12)
Incorporated by reference to the same number exhibit filed with Registrant’s Quarterly Report on Form 10-Q for the period ended March 31, 2008.

(13)
Incorporated by reference to the same number exhibit filed with Registrant’s Current Report on Form 8-K on January 19, 2007.

 
 
 

(14)
Incorporated by reference to the same number exhibit filed with Registrant’s Quarterly Report on Form 10-Q for the period ended June 30, 2008.

(15)
Incorporated by reference to the same number exhibit filed with Registrant’s Current Report on Form 8-K on February 14, 2007.

(16)
Incorporated by reference to the same number exhibit filed with the Registrant’s Annual Report on Form 10-K for the year ended December 31, 2006.

(17)
Incorporated by reference to the same number exhibit filed with Registrant’s Quarterly Report on Form 10-Q for the period ended March 31, 2007.

(18)
Incorporated by reference to the same number exhibit filed with Registrant’s Current Report on Form 8-K filed on December 1, 2008 (SEC File No.  000-27765).

(19)
Incorporated by reference to the same number exhibit filed with Registrant’s Current Report on Form 8-K on November 7, 2008.

(20)
Incorporated by reference to Exhibit 10.25 filed with Registrant’s Current Report on Form 8-K on August 15, 2007.

(21)
Incorporated by reference to the same number exhibit filed with Registrant’s Current Report on Form 8-K on September 4, 2007.

(22)
Incorporated by reference to the same number exhibit filed with Registrant’s Current Report on Form 8-K on October 4, 2007.

(23)
Incorporated by reference to the same number exhibit filed with Registrant’s Current Report on Form 8-K on November 8, 2007.

(24)
Incorporated by reference to Exhibit 10.7 filed with Registrant’s Quarterly Report on Form 10-Q for the period ended September 30, 2007.

(25)
Incorporated by reference to Exhibit 99.1 filed with Registrant’s Registration Statement on Form S-8 filed on August 8, 2008 (SEC File No.  333-152893).

(26)
Incorporated by reference to the same number exhibit filed with Registrant’s Annual Report on Form 10-K for the period ended December 31, 2007.

(27)
Incorporated by reference to Item 5.02 of the Registrant’s Current Report on Form 8-K filed on February 24, 2009.

(28)
Incorporated by reference to the same number exhibit filed with Registrant’s Annual Report on Form 10-K for the period ended December 31, 2008.

 
 
 

EXHIBIT INDEX TO FORM 10-K/A


Exhibit
Number
  
Description of Document
 
Certification of Chief Executive Officer pursuant to Rules 13a-14(a) and 15d-14(a) promulgated under the Securities Exchange Act of 1934, as amended, as adopted pursuant to Section 302(a) of the Sarbanes-Oxley Act of 2002.
 
Certification of Chief Financial Officer pursuant to Rules 13a-14(a) and 15d-14(a) promulgated under the Securities Exchange Act of 1934, as amended, as adopted pursuant to Section 302(a) of the Sarbanes-Oxley Act of 2002.
 
 
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