FORM 4 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934 or Section 30(h) of the Investment Company Act of 1940 |
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Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b). |
1. Name and Address of Reporting Person*
(Street)
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2. Issuer Name and Ticker or Trading Symbol
INFOCUS CORP [ INFS ] |
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
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3. Date of Earliest Transaction
(Month/Day/Year) 12/26/2008 | ||||||||||||||||||||||||||
4. If Amendment, Date of Original Filed
(Month/Day/Year) |
6. Individual or Joint/Group Filing (Check Applicable Line)
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Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned | ||||||||||
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1. Title of Security (Instr. 3) | 2. Transaction Date (Month/Day/Year) | 2A. Deemed Execution Date, if any (Month/Day/Year) | 3. Transaction Code (Instr. 8) | 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) | 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) | 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 7. Nature of Indirect Beneficial Ownership (Instr. 4) | |||
Code | V | Amount | (A) or (D) | Price | ||||||
Common Stock, no par value | 12/26/2008 | P | 3,000 | A | $0.68 | 4,796,055 | D(1) | |||
Common Stock, no par value | 12/26/2008 | P | 126,450 | A | $0.69 | 4,922,505 | D(1) | |||
Common Stock, no par value | 12/30/2008 | P | 4,186 | A | $0.69 | 4,926,691 | D(1) | |||
Common Stock, no par value | 12/30/2008 | P | 40,161 | A | $0.7 | 4,966,852 | D(1) |
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities) | |||||||||||||||
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1. Title of Derivative Security (Instr. 3) | 2. Conversion or Exercise Price of Derivative Security | 3. Transaction Date (Month/Day/Year) | 3A. Deemed Execution Date, if any (Month/Day/Year) | 4. Transaction Code (Instr. 8) | 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) | 6. Date Exercisable and Expiration Date (Month/Day/Year) | 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) | 8. Price of Derivative Security (Instr. 5) | 9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) | 10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 11. Nature of Indirect Beneficial Ownership (Instr. 4) | ||||
Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares |
1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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Explanation of Responses: |
1. This Form 4 is filed jointly by Nery Capital Partners, L.P. ("Nery Capital"), Nery Asset Management, LLC ("Nery Asset Management"), Nery Capital Management, L.L.C. ("Nery Capital Management") and Michael Nery. Nery Asset Management, Nery Capital Management and Mr. Nery may be deemed to be 10% owners of the Issuer and Nery Capital is a 10% owner of the Issuer. The securities reported in this Form 4 are owned directly by Nery Capital, and owned indirectly by Nery Asset Management by virtue of it being the investment advisor of Nery Capital, by Nery Capital Management by virtue of it being the general partner of Nery Capital and by Mr. Nery by virtue of his position as the manager of each of Nery Asset Management and Nery Capital Management. Nery Asset Management, Nery Capital Management and Mr. Nery disclaim beneficial ownership of the shares owned by Nery Capital except to the extent of their pecuniary interest therein. |
By: Nery Capital Partners, L.P.; By: /s/ Michael A. Nery, Authorized Signatory | 12/30/2008 | |
By: By: Nery Capital Management, L.L.C.; By: /s/ Michael A. Nery, Authorized Signatory | 12/30/2008 | |
By: By: Nery Asset Management, LLC; By: /s/ Michael A. Nery, Authorized Signatory | 12/30/2008 | |
By: Micheal Nery | 12/30/2008 | |
** Signature of Reporting Person | Date | |
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | ||
* If the form is filed by more than one reporting person, see Instruction 4 (b)(v). | ||
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). | ||
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. | ||
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. |