CUSIP No. 28659T200 PAGE 29 OF 47
(i)[ ] Church Plan that is excluded from the
definition of an investment company under Section
3(c)(14) of the Investment Company Act of 1940;
(j)[ ] Group, in accordance with Rule
13d-1(b)(1)(ii)(J).
ITEM 4. OWNERSHIP.
Subject to the Ownership Limitation (as defined below), the Principals may
be deemed to beneficially own an aggregate of 7,967 Series C 8% Preferred Stock
convertible into 3,434,052 Common Shares, Warrants exercisable into 1,030,208
Common Shares and 2,108,249 Common Shares as a result of their voting and
dispositive power over the 7,967 Series C 8% Preferred Stock convertible into
3,434,052 Common Shares, Warrants exercisable into 1,030,208 Common Shares and
2,108,249 Common Shares beneficially owned by DKP, DKIP, DKIL, CO, DKHF and
DKHI.
DKIA may be deemed to beneficially own the 1,007 Series C 8% Preferred
Stock convertible into 434,052 Common Shares, Warrants exercisable into 130,213
Common Shares and 265,154 Common Shares beneficially owned by DKIL as a result
of its voting and dispositive power over those shares. DKAI may be deemed to
beneficially own the 560 Series C 8% Preferred Stock convertible into 241,379
Common Shares, Warrants exercisable into 72,412 Common Shares and 147,462 Common
Shares owned by DKIP as a result of its voting and dispositive power over those
shares. MHD may be deemed to beneficially own the 309 Series C 8% Preferred
Stock convertible into 133,190 Common Shares, Warrants exercisable into 39,956
Common Shares and 81,300 Common Shares beneficially owned by DKP as a result of
its voting and dispositive power over those shares. DKG may be deemed to
beneficially own the 2,449 Series C 8% Preferred Stock convertible into
1,055,603 Common Shares, Warrants exercisable into 316,680 Common Shares and
648,953 Common Shares beneficially owned by DKHF as a result of its voting and
dispositive power over those shares. DKMP and DKS may be deemed to beneficially
own the 3,602 Series C 8% Preferred Stock convertible into 1,552,586 Common
Shares, Warrants exercisable into Common Shares and 954,832 Common Shares
beneficially owned by DKHI as a result of their voting and dispositive power
over those shares.
As set forth in the Certificate of Designation of Preferences, Rights and
Limitations of Series C 8% Convertible Preferred Stock and each Common Stock
Purchase Warrant held by the Reporting Persons, respectively, the number of
Common Shares into which the Preferred Stock are convertible and the Warrants
are exercisable is limited to that number of Common Shares which would result in
the Reporting Persons having aggregate beneficial ownership of not more than
9.99% of the total issued and outstanding shares of Common Shares (the
"Ownership Limitation").
A. DKP
(a) Amount beneficially owned: 309 Series C 8% Preferred Stock
convertible into 133,190 Common Shares, Warrants exercisable into
39,956 Common Shares and 81,300 Common Shares
(b) Percent of class: 0.8%
(c) Number of shares as to which such person has:
|