Commission Charges Knight Capital with Violations of Market Access Rule
The Securities and Exchange Commission (Commission) today announced that Knight Capital Americas LLC has agreed to pay $12 million to settle charges that it violated the agency’s market access rule in connection with the firm’s Aug. 1, 2012 trading incident that disrupted the markets.
An SEC investigation found that Knight Capital did not have adequate safeguards in place to limit the risks posed by its access to the markets, and failed as a result to prevent the entry of millions of erroneous orders. Knight Capital also failed to conduct adequate reviews of the effectiveness of its controls.
This is the SEC’s first enforcement action under the market access rule, which was adopted in 2010 as Rule 15c3-5.
“The market access rule is essential for protecting the markets, and Knight Capital’s violations put both the firm and the markets at risk,” said Andrew Ceresney, co-director of the SEC’s Division of Enforcement. “Given the rapid pace of trading in today’s markets and the potential massive impact of control breakdowns, broker-dealers must be held to the high standards of compliance necessary for the safe and orderly operation of the markets.”
Daniel M. Hawke, chief of the SEC Enforcement Division’s Market Abuse Unit, added, “Brokers and dealers must look at each component in each of their systems and ask themselves what would happen if the component malfunctions and what safety nets are in place to limit the harm it could cause. Knight Capital’s failure to ask these questions had catastrophic consequences.”
According to the SEC’s order, Knight Capital made two critical technology missteps that led to the trading incident on Aug. 1, 2012. Knight Capital moved a section of computer code in 2005 to an earlier point in the code sequence in an automated equity router, rendering a function of the router defective. Although this function was not meant to be used, Knight left it in the router. In late July 2012 when preparing for participation in the NYSE’s new Retail Liquidity Program, Knight Capital incorrectly deployed new code in the same router. As a result, certain orders eligible for the NYSE’s program triggered the defective function in Knight Capital’s router, which was then unable to recognize when orders had been filled. During the first 45 minutes after the market opened on August 1, Knight Capital’s router rapidly sent more than 4 million orders into the market when attempting to fill just 212 customer orders. Knight Capital traded more than 397 million shares, acquired several billion dollars in unwanted positions, and eventually suffered a loss of more than $460 million.
The SEC’s order also finds that an internal Knight Capital system generated 97 automated emails that went to a group of personnel. The emails referenced the router and identified an error before the markets opened on August 1. These messages were caused by the code deployment failure, but Knight Capital did not act upon them on August 1. Although Knight Capital did not design these messages to be system alerts, they provided an opportunity to identify and fix the problem before the markets opened.
The SEC’s order charges Knight Capital with violating the market access rule in the following ways:
The SEC’s order also charges Knight Capital with violations of Rules 200(g) and 203(b) of Regulation SHO, which require the proper marking of short sale orders and locating of shares to borrow for short sales. The SEC’s order requires Knight Capital to pay a $12 million penalty and retain an independent consultant to conduct a comprehensive review of the firm’s controls and procedures to ensure compliance with the market access rule. Without admitting or denying the findings, Knight Capital consented to the SEC’s order, which censures the firm and requires it to cease and desist from committing or causing these violations.
The SEC’s investigation was conducted by staff in the Market Abuse Unit including Jason Burt, Carolyn Welshhans, William Max Hathaway, and Ainsley Kerr. The case was supervised by Mr. Hawke and the unit’s co-deputy chief Robert Cohen. The SEC’s National Exam Program and the Division of Trading and Markets provided substantial assistance. (Press Rel. 2013-222; Rel. 34-70694)
In the Matter of Michael J. Fulcher
The Commission announced the issuance of an Order Instituting Administrative Proceedings Pursuant to Section 203(f) of the Investment Advisers Act of 1940, Making Findings, and Imposing Remedial Sanctions against Respondent Michael J. Fulcher (Fulcher).
The Order finds that Fulcher — the former Chief Financial Officer of SJK Investment Management, LLC (SJK), a formerly registered investment adviser headquartered in Greensboro North Carolina — obstructed a Commission investigation by conspiring with SJK’s sole owner and Chief Executive Officer, Stanley J. Kowalewski (Kowalewski), to create fraudulent and backdated leases, which leases Kowalewski subsequently provided to the Commission and about which he provided false testimony.
Based on the above, the Order bars Fulcher from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent or nationally recognized statistical rating organization. Fulcher consented to the issuance of the Order. (Rel. IA-3692)
Delinquent Filers’ Stock Registrations Revoked
The registrations of the registered securities of Bonanza One, Inc., Farallon, Inc., and Ora Electronics, Inc., have been revoked. Each had repeatedly failed to file required annual and quarterly reports with the Securities and Exchange Commission. Thus, each violated a crucial provision of the federal securities laws that requires public corporations to publicly disclose current, accurate financial information so that investors may make informed decisions. The revocations were ordered in an administrative proceeding before an administrative law judge. (Rel. 34-70690)
Commission Grants in Part and Denies in Part Motions to Adduce Additional Evidence by optionsXpress, Inc., Thomas E. Stern, and Jonathan I. Feldman
The Commission granted in part and denied in part motions to adduce additional evidence by optionsXpress, Inc., a registered broker-dealer; Thomas E. Stern, chief financial officer of optionsXpress; and Jonathan I. Feldman, an optionsXpress customer. Respondents each filed a motion requesting that the Commission take judicial notice of a June 11, 2013 settlement between the Commission and the Chicago Board Options Exchange and accept the settlement order as additional evidence in this proceeding. Stern and Feldman additionally sought an order requiring the Division of Enforcement to produce documents related to the CBOE settlement, which Stern and Feldman claimed were withheld in violation of Commission Rule of Practice 230(b)(2). Stern and Feldman also sought leave to re-examine witnesses regarding the CBOE settlement.
In partially granting respondents' motions, the Commission took judicial notice of the CBOE settlement and admitted it as additional evidence, while reserving determination as to the order's ultimate probative weight. The Commission denied Stern's and Feldman's motions to compel other evidence, finding that their motions were both untimely and without merit. Among other things, the Commission found that they had not made the requisite "plausible showing" that the documents they sought contained material, exculpatory evidence. The Commission further denied Stern's and Feldman's request for leave to re-examine witnesses about the CBOE investigation, finding that they had "not shown that there were reasonable grounds for failure to adduce such evidence previously." (Rel. 33-9466)
Investment company orders
Principal Management Corporation, et al.
An order has been issued on an application filed by Principal Management Corporation, et al. The order permits: (a) actively-managed series of certain open-end management investment companies to issue shares (Shares) redeemable in large aggregations only (Creation Units); (b) secondary market transactions in Shares to occur at negotiated market prices; (c) certain series to pay redemption proceeds, under certain circumstances, more than seven days after the tender of Shares for redemption; (d) certain affiliated persons of the series to deposit securities into, and receive securities from, the series in connection with the purchase and redemption of Creation Units; and (e) certain registered management investment companies and unit investment trusts outside of the same group of investment companies as the series to acquire Shares. (Rel. IC-30742)
Immediate Effectiveness of Proposed Rule Change
A proposed rule change (SR-FINRA-2013-043) filed by Financial Industry Regulatory Authority, Inc. relating to TRACE fees for Securities Act Rule 144A transaction data has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication of the proposal is expected to be made in the Federal Register during the week of October 21. (Rel. 34-70691)
A proposed rule change filed by Chicago Board Options Exchange, Incorporated relating to continuing education (SR-CBOE-2013-098) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of October 21. (Rel. 34-70692)
A proposed rule change filed by The NASDAQ Stock Market LLC to delay implementation of the dedicated OUCH port infrastructure service (SR-NASDAQ-2013-131) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of October 21. (Rel. 34-70693)
A proposed rule change filed by NYSE MKT LLC for a temporary suspension of those aspects of Rules 36.20-Equities and 36.21-Equities that would not permit Floor brokers to use personal portable phone devices on the Trading Floor due to the unavailability of exchange-provided cell phones beginning on October 10, 2013 until the earlier of when cell phone service is restored or October 11, 2013 (SR-NYSEMKT-2013-82) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of October 21. (Rel. 34-70696)
A proposed rule change filed by New York Stock Exchange LLC for a temporary suspension of those aspects of Rules 36.20 and 36.21 that would not permit Floor brokers to use personal portable phone devices on the Trading Floor due to the unavailability of exchange-provided cell phones beginning on October 10, 2013 until the earlier of when cell phone service is restored or October 11, 2013 (SR-NYSE-2013-69) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of October 21. (Rel. 34-70697)
Notice of Filing Amendment No. 3 to a Proposed Rule Change
The National Securities Clearing Corporation (NSCC) filed Amendment No. 3 to its proposed rule change (File No. SR-NSCC-2013-02) (Proposed Rule Change), as previously modified by Amendment Nos. 1 and 2, under Section 19(b)(1) of the Securities Exchange Act of 1934 (Exchange Act) and Rule 19b-4 thereunder, to institute supplemental liquidity deposits to its Clearing Fund designed to increase liquidity resources to meet its liquidity needs. NSCC also filed the proposal contained in the Proposed Rule Change as advance notice SR-NSCC-2013-802 (Advance Notice), as modified by Amendment No. 1, pursuant to Section 806(e)(1) of the Payment, Clearing, and Settlement Supervision Act of 2010 and Rule 19b-4(n)(1)(i) thereunder. See Release No. 34-69451 (Apr. 25, 2013), 78 FR 25496 (May 1, 2013). On May 20, 2013, the Commission extended the period of review of the Advance Notice, as modified by Amendment No. 1. Release No. 34-69605 (May 20, 2013), 78 FR 31616 (May 24, 2013). On June 11, 2013, NSCC filed Amendment No. 2 to the Advance Notice, as previously modified by Amendment No.1. Release No. 34-69954 (Jul. 9, 2013), 78 FR 42127 (Jul. 15, 2013). On October 4, 2013, NSCC filed Amendment No. 3 to the Advance Notice, as previously modified by Amendment Nos. 1 and 2. Release No. 34-70689 (Oct. 15, 2013). The proposal shall not take effect until all regulatory actions required with respect to the proposal are completed. The Commission will consider all public comments received on the proposal regardless of whether the comments are submitted in response to the Proposed Rule Change, as modified by Amendment Nos. 1, 2, and 3 (File No. SR-NSCC-2013-02), or the Advance Notice, as modified by Amendment Nos. 1, 2, and 3 (File No. SR-NSCC-2013-802). Publication is expected in the Federal Register during the week of October 21. (Rel. 34-70688)
The following registration statements have been filed with the SEC under the Securities Act of 1933. The reported information appears as follows: Form, Name, Address and Phone Number (if available) of the issuer of the security; Title and the number and/or face amount of the securities being offered; Name of the managing underwriter or depositor (if applicable); File number and date filed; Assigned Branch; and a designation if the statement is a New Issue.
Registration statements may be viewed in person in the Commission's Public Reference Branch at 100 F Street, N.E., Washington, D.C. To obtain paper copies, please refer to information on the Commission's Web site at http://www.sec.gov/answers/publicdocs.htm. In most cases, you can view and download this information by using the search function located at http://www.sec.gov/edgar/searchedgar/companysearch.html.
S-1 Artisan Partners Asset Management Inc., 875 E. WISCONSIN AVENUE, SUITE 800, MILWAUKEE, WI, 53202, 414-390-6100 - 0 ($287,536,800.00) Equity, (File 333-191739 - Oct. 16) (BR. 12B) S-8 Springleaf Holdings, Inc., 601 N.W. SECOND STREET, EVANSVILLE, IN, 47708, (812) 424-8031 - 0 ($195,140,348.00) Equity, (File 333-191740 - Oct. 16) (BR. 07) S-1 Saleen Automotive, INC., 2735 WARDLOW ROAD, CORONA, CA, 92882, 800-888-8945 - 9,305,240 ($4,559,567.60) Debt Convertible into Equity, 1,350,760 ($661,872.40) Equity, (File 333-191742 - Oct. 16) (BR. 05A) S-1 IZEA, Inc., 1000 LEGION PLACE, SUITE 1600, ORLANDO, FL, 32801, 407-674-6911 - 18,632,554 ($7,080,370.52) Equity, (File 333-191743 - Oct. 16) (BR. 11C) S-3 AIR INDUSTRIES GROUP, 1479 NORTH CLINTON AVENUE, BAY SHORE, NY, 11706, 631-968-5000 - 12,562,914 ($12,562,914.00) Equity, (File 333-191748 - Oct. 16) (BR. 05A) S-8 OCI Partners LP, P. O. BOX 1647, NEDERLAND, TX, 77627, 409-723-1900 - 8,050,000 ($152,869,500.00) Limited Partnership Interests, (File 333-191755 - Oct. 16) (BR. 06B) S-3ASR SCANA CORP, 100 SCANA PARKWAY, MAIL CODE - B123, CAYCE, SC, 29033, 8032179000 - 4,049,962 ($184,111,272.52) Equity, (File 333-191756 - Oct. 16) (BR. 02C) S-8 FAIRCHILD SEMICONDUCTOR INTERNATIONAL INC, 3030 ORCHARD PARKWAY, SAN JOSE, CA, 95134, 4088222000 - 0 ($62,953,232.00) Equity, (File 333-191757 - Oct. 16) (BR. 10A) S-1 Egalet Corp, 101 LINDENWOOD DRIVE, SUITE 225, MALVERN, PA, 19355, 484-875-3095 - 0 ($69,000,000.00) Equity, (File 333-191759 - Oct. 16) (BR. 01) S-8 VEEVA SYSTEMS INC, 4637 CHABOT DRIVE, SUITE 210, PLEASANTON, CA, 94588, 925-452-6500 - 31,867,261 ($190,484,867.70) Equity, (File 333-191760 - Oct. 16) (BR. 03A) S-8 PRUDENTIAL BANCORP, INC., 1834 W. OREGON AVENUE, PHILADELPHIA, PA, 19145, 215-755-1500 - 533,808 ($5,816,628.18) Equity, (File 333-191761 - Oct. 16) (BR. 07) F-10 BAYTEX ENERGY CORP., 2800, 520 3RD AVE SW, CALGARY, A0, T2P 0R3, 587-952-3000 - 723,150,000 ($723,150,000.00) Equity, (File 333-191762 - Oct. 16) (BR. 04A) S-8 Coastal Contacts Inc, 2985 VIRTUAL WAY, SUITE 320, VANCOUVER BC V5M 4X7, A1, 00000, 604-669-1555 - 0 ($27,548,958.00) Equity, (File 333-191763 - Oct. 16) (BR. 10A) F-3 Baytex Energy USA Ltd., 600 17TH STREET, SUITE 1600 S., DENVER, CO, 80202, 303-825-2777 - 723,150,000 ($723,150,000.00) Equity, (File 333-191764 - Oct. 16) (BR. 04B) S-8 MARRIOTT VACATIONS WORLDWIDE Corp, 6649 WESTWOOD BLVD., ORLANDO, FL, 32821, 407-206-6000 - 0 ($20,000,000.00) Other, (File 333-191765 - Oct. 16) (BR. 08B) S-8 Ophthotech Corp., 5 VAUGHN DRIVE, SUITE 106, PRINCETON, NJ, 08540, 609-945-6050 - 0 ($37,258,155.00) Equity, (File 333-191767 - Oct. 16) (BR. 01B)
Recent 8K Filings
Form 8-K is used by companies to file current reports on the following events:
8-K reports may be viewed in person in the Commission's Public Reference Branch at 100 F Street, N.E., Washington, D.C. To obtain paper copies, please refer to information on the Commission's Web site at http://www.sec.gov/answers/publicdocs.htm. In most cases, you can view and download this information by using the search function located at http://www.sec.gov/edgar/searchedgar/companysearch.html.
STATE NAME OF ISSUER CODE 8K ITEM NO. DATE COMMENT 99 CENTS ONLY STORES CA 1.01,9.01 10/15/13 ABBOTT LABORATORIES IL 2.02,9.01 10/16/13 ADHEREX TECHNOLOGIES INC 8.01,9.01 10/15/13 ADVANCE AUTO PARTS INC DE 1.01,2.02,7.01, 10/15/13 8.01,9.01 ADVANCED MEDICAL ISOTOPE Corp DE 7.01,9.01 10/15/13 AGILYSYS INC OH 5.02 10/10/13 ALBEMARLE CORP VA 2.02,9.01 10/16/13 ALERE INC. DE 5.03,9.01 10/09/13 ALLEGHENY TECHNOLOGIES INC DE 8.01,9.01 10/16/13 Alliance HealthCare Services, Inc CA 1.01,2.03,5.02, 10/11/13 9.01 AMARIN CORP PLC\UK X0 8.01 10/16/13 AMERICAN DG ENERGY INC DE 5.02,9.01 10/16/13 AMERICAN EAGLE ENERGY Corp NV 8.01 10/16/13 AMERICAN EAGLE ENERGY Corp NV 7.01,9.01 10/16/13 AMERICAN EXPRESS CO NY 2.02,7.01 10/16/13 AMERICAN REALTY CAPITAL NEW YORK RECO MD 8.01,9.01 10/15/13 American Realty Capital Properties, I MD 9.01 05/28/13 AMEND American Sands Energy Corp. DE 1.01,1.02,3.02, 09/30/13 6.04,9.01 Annec Green Refractories Corp DE 4.01,9.01 10/10/13 ARATANA THERAPEUTICS, INC. DE 1.01,2.01,2.03, 10/11/13 3.02,7.01,9.01 ARTS WAY MANUFACTURING CO INC DE 2.02,9.01 10/16/13 Aspect Software Group Holdings Ltd. DE 4.01 10/11/13 AVIV REIT, INC. MD 1.01,2.03,9.01 10/16/13 AZZ INC TX 7.01,8.01,9.01 10/15/13 BADGER METER INC WI 2.02,9.01 10/16/13 BANK OF AMERICA CORP /DE/ DE 2.02,7.01,9.01 10/16/13 Bank of New York Mellon Corp DE 2.02,9.01 10/16/13 BioTelemetry, Inc. DE 5.02 10/10/13 BlackRock Inc. DE 2.02,9.01 10/16/13 BUTLER NATIONAL CORP DE 5.07 10/16/13 CANCER GENETICS, INC 5.02,8.01 10/10/13 Capital Group Holdings, Inc. MN 4.02 10/01/13 AMEND CAPITOL BANCORP LTD MI 1.01,8.01,9.01 10/15/13 Carbonite Inc DE 1.01,9.01 10/15/13 Cardinal Ethanol LLC IN 1.02 10/10/13 CARPENTER TECHNOLOGY CORP DE 7.01,9.01 10/15/13 Cheviot Financial Corp. MD 8.01,9.01 10/16/13 CHIMERA INVESTMENT CORP DE 7.01,9.01 10/16/13 CITIZENS INC CO 8.01,9.01 10/16/13 CITRIX SYSTEMS INC DE 5.02,9.01 10/16/13 CODORUS VALLEY BANCORP INC PA 2.02,9.01 10/15/13 COHEN & STEERS INC DE 2.02,9.01 10/16/13 COLONY BANKCORP INC GA 2.02,9.01 10/16/13 COMERICA INC /NEW/ DE 2.02,7.01,9.01 10/16/13 COMMITTED CAPITAL ACQUISITION Corp DE 1.01,2.01,3.02, 10/16/13 3.03,4.01,5.01,5.06,7.01,9.01 COMMUNITY SHORES BANK CORP MI 5.02 10/11/13 COMMUNITY TRUST BANCORP INC /KY/ KY 2.02,7.01,9.01 09/30/13 Congaree Bancshares Inc SC 5.07 05/23/13 AMEND COPYTELE INC DE 5.07 10/11/13 CORE LABORATORIES N V P7 2.02,9.01 10/16/13 CROSSROADS SYSTEMS INC DE 8.01 10/11/13 CROWN HOLDINGS INC PA 2.02,9.01 10/16/13 CRYO CELL INTERNATIONAL INC DE 2.02,9.01 10/15/13 CYS Investments, Inc. MD 2.02,9.01 10/16/13 DELCATH SYSTEMS, INC. DE 5.02 10/11/13 DICE HOLDINGS, INC. DE 5.02,8.01,9.01 10/09/13 Diversified Restaurant Holdings, Inc. NV 2.02,9.01 10/16/13 DUMA ENERGY CORP NV 1.01,5.02,9.01 10/10/13 DUMA ENERGY CORP NV 5.02 10/11/13 DUMA ENERGY CORP NV 7.01,9.01 10/16/13 EAST WEST BANCORP INC 2.02,8.01,9.01 10/16/13 EBAY INC DE 2.02,9.01 10/16/13 EDUCATIONAL DEVELOPMENT CORP DE 2.02,9.01 10/15/13 El Paso Pipeline Partners, L.P. DE 2.02,9.01 10/16/13 ELITE PHARMACEUTICALS INC /NV/ NV 1.01,9.01 10/15/13 Energizer Resources, Inc. MN 5.03,8.01 10/11/13 EUROSITE POWER INC. DE 5.02 10/16/13 EWaste Systems, Inc. NV 8.01,9.01 10/15/13 EXPONENT INC DE 2.02,7.01,9.01 10/16/13 EXTREME NETWORKS INC DE 8.01,9.01 10/16/13 Facebook Inc 5.07 06/11/13 AMEND Federal Home Loan Bank of Cincinnati X1 2.03,9.01 10/09/13 First Bancorp, Inc /ME/ ME 2.02 10/16/13 FIRST COMMUNITY CORP /SC/ SC 2.02,8.01,9.01 10/16/13 FIRST COMMUNITY CORP /SC/ SC 5.07 05/22/13 AMEND FLEXSTEEL INDUSTRIES INC MN 2.02,9.01 10/15/13 FMC TECHNOLOGIES INC DE 8.01,9.01 10/16/13 FORMCAP CORP. NV 3.02 10/16/13 Franklin Credit Management Corp DE 1.01,9.01 10/11/13 FREDERICK'S OF HOLLYWOOD GROUP INC /N NY 1.01,2.03,9.01 10/10/13 Fresh Healthy Vending International, NV 8.01,9.01 09/26/13 FRISCHS RESTAURANTS INC OH 2.02,9.01 10/16/13 Frozen Food Gift Group, Inc DE 1.01 10/09/13 FXCM Inc. 7.01,9.01 10/16/13 GENCORP INC OH 8.01,9.01 10/16/13 General Agriculture Corp DE 4.01,9.01 10/10/13 GENERAL ELECTRIC CO NY 8.01 10/16/13 Giggles N' Hugs, Inc. NV 5.03,9.01 10/16/13 Global Eagle Entertainment Inc. DE 1.01,9.01 10/14/13 GOLDRICH MINING CO AK 7.01,9.01 10/10/13 GOLF ROUNDS COM INC 7.01 10/11/13 Golub Capital BDC, Inc. DE 2.02,9.01 10/16/13 GRAINGER W W INC IL 2.02,9.01 10/16/13 Granite Falls Energy, LLC MN 2.01,9.01 07/31/13 AMEND GRAY TELEVISION INC GA 7.01,8.01,9.01 10/15/13 Graystone Co DE 3.02 10/09/13 Green Automotive Co 4.02 06/15/13 AMEND GreenHunter Resources, Inc. DE 7.01,9.01 10/16/13 HALLADOR ENERGY CO CO 8.01 10/15/13 HARVARD BIOSCIENCE INC DE 5.02,8.01,9.01 10/02/13 HEARTLAND FINANCIAL USA INC DE 7.01,9.01 10/16/13 HOME BANCSHARES INC 1.01,9.01 06/25/13 AMEND HOME BANCSHARES INC 2.02,7.01,8.01, 07/18/13 AMEND 9.01 HOME BANCSHARES INC 1.01,9.01 07/31/13 AMEND HOME BANCSHARES INC 7.01,8.01,9.01 08/22/13 AMEND HOME BANCSHARES INC 7.01,8.01,9.01 09/03/13 AMEND HOSPIRA INC DE 5.02 10/11/13 HOTEL OUTSOURCE MANAGEMENT INTERNATIO DE 1.01,9.01 10/09/13 HUNT J B TRANSPORT SERVICES INC AR 2.02,9.01 10/15/13 HYPERION THERAPEUTICS INC DE 1.01,9.01 10/14/13 HYPERTENSION DIAGNOSTICS INC /MN MN 1.01,2.03,3.02, 10/10/13 9.01 ICU MEDICAL INC/DE DE 8.01,9.01 10/16/13 ID Perfumes, Inc. NV 2.03,9.01 10/03/13 IDEXX LABORATORIES INC /DE DE 5.02,9.01 10/11/13 ILLUMINA INC DE 7.01 10/16/13 INDEPENDENT BANK CORP MA 8.01 10/11/13 Ingredion Inc DE 5.02 10/15/13 Intellicell Biosciences, Inc. NV 3.02 10/14/13 INTERNATIONAL BUSINESS MACHINES CORP NY 2.02 10/16/13 INTERSIL CORP/DE DE 1.01,9.01 10/16/13 INTERVEST BANCSHARES CORP DE 2.02,9.01 10/16/13 IZEA, Inc. 8.01 10/15/13 J&J SNACK FOODS CORP NJ 8.01,9.01 10/16/13 Jacksonville Bancorp, Inc. MD 8.01,9.01 10/16/13 JARDEN CORP DE 1.01,2.03,9.01 10/10/13 JPMORGAN CHASE & CO DE 8.01 10/16/13 JTH Holding, Inc. DE 2.02,9.01 10/16/13 KB HOME DE 8.01,9.01 10/15/13 KBS Real Estate Investment Trust II, MD 8.01 10/11/13 KCG Holdings, Inc. DE 1.01,9.01 10/15/13 KCG Holdings, Inc. DE 1.01,9.01 10/16/13 KEYCORP /NEW/ OH 2.02,9.01 10/16/13 KID BRANDS, INC NJ 1.01 10/10/13 KINDER MORGAN ENERGY PARTNERS L P DE 2.02,9.01 10/16/13 KINDER MORGAN, INC. DE 2.02,9.01 10/16/13 KINGSTONE COMPANIES, INC. DE 5.02,8.01,9.01 10/14/13 KNOLL INC DE 9.01 10/16/13 Landmark Apartment Trust of America, 1.01,2.03,8.01, 10/10/13 9.01 LaSalle Hotel Properties MD 2.02,9.01 10/16/13 LAWSON PRODUCTS INC/NEW/DE/ DE 1.01,9.01 10/11/13 LAZARE KAPLAN INTERNATIONAL INC DE 2.02,8.01 10/16/13 LIBBEY INC DE 2.02,9.01 10/15/13 Liberty Global plc X0 7.01 10/16/13 LIGAND PHARMACEUTICALS INC DE 1.01,1.02,9.01 10/11/13 LINEAR TECHNOLOGY CORP /CA/ DE 2.02,9.01 10/15/13 LRR Energy, L.P. DE 5.02 10/09/13 LSB INDUSTRIES INC DE 5.02 10/14/13 MALVERN BANCORP, INC. PA 1.01,8.01,9.01 10/15/13 MANNKIND CORP DE 8.01,9.01 10/14/13 MARTEN TRANSPORT LTD DE 2.02,9.01 10/15/13 MATTEL INC /DE/ DE 2.02,8.01,9.01 10/16/13 MEDICAL PROPERTIES TRUST INC 1.01,9.01 10/10/13 MEDICINOVA INC DE 1.01,1.02,9.01 10/16/13 MGIC INVESTMENT CORP WI 2.02,9.01 10/16/13 MICRON TECHNOLOGY INC DE 9.01 07/31/13 AMEND MID AMERICA APARTMENT COMMUNITIES INC TN 1.01,9.01 10/16/13 MobileSmith, Inc. DE 2.03,3.02 10/15/13 MOKITA, INC. 4.01,9.01 05/28/13 AMEND MVP REIT, Inc. MD 9.01 10/16/13 AMEND NATIONAL BEVERAGE CORP DE 5.07 10/11/13 NEAH POWER SYSTEMS, INC. NV 8.01,9.01 10/16/13 NEOMEDIA TECHNOLOGIES INC DE 1.01 10/11/13 NEXSTAR BROADCASTING GROUP INC DE 8.01,9.01 10/16/13 NGL Energy Partners LP DE 1.01,2.03,8.01, 10/10/13 9.01 Noble Corp / Switzerland V8 2.02,9.01 10/16/13 NORTHERN TRUST CORP DE 2.02,9.01 10/16/13 NorthStar Real Estate Income II, Inc. MD 1.01,2.03,9.01 10/15/13 NYSE Euronext DE 5.02 10/16/13 OCCIDENTAL PETROLEUM CORP /DE/ DE 5.02,9.01 10/10/13 Ocera Therapeutics, Inc. DE 1.01,2.03 10/10/13 OGLETHORPE POWER CORP GA 5.02,9.01 10/15/13 OIL DRI CORP OF AMERICA DE 5.02,8.01,9.01 10/16/13 OMEROS CORP WA 5.02 10/15/13 OSH 1 LIQUIDATING Corp DE 8.01,9.01 10/11/13 PACIFIC CONTINENTAL CORP OR 2.02,9.01 10/16/13 PACIFIC SUNWEAR OF CALIFORNIA INC CA 5.02 10/11/13 PARK CITY GROUP INC NV 3.01,9.01 10/15/13 Peoples Federal Bancshares, Inc. 8.01,9.01 10/16/13 PEOPLES FINANCIAL SERVICES CORP. PA 2.02,8.01,9.01 10/16/13 PEPSICO INC NC 2.02,9.01 10/16/13 PERFICIENT INC DE 1.01,2.01,9.01 10/11/13 PETMED EXPRESS INC FL 8.01,9.01 10/14/13 Phillips Edison - ARC Shopping Center MD 8.01,9.01 10/15/13 PINNACLE FINANCIAL PARTNERS INC TN 2.02 09/30/13 PIPER JAFFRAY COMPANIES DE 2.02,9.01 10/16/13 PLATINUM UNDERWRITERS HOLDINGS LTD D0 2.02,9.01 10/16/13 PNC FINANCIAL SERVICES GROUP, INC. PA 2.02,9.01 10/16/13 PNC FINANCIAL SERVICES GROUP, INC. PA 2.02,9.01 10/16/13 Poage Bankshares, Inc. MD 8.01 10/15/13 POWIN CORP 5.02 10/11/13 PRINCIPAL FINANCIAL GROUP INC DE 7.01 10/16/13 QUANTUM MATERIALS CORP. NV 7.01,9.01 10/16/13 RAYMOND JAMES FINANCIAL INC FL 8.01,9.01 10/16/13 Regenicin, Inc. NV 8.01 10/16/13 REMEDENT, INC. NV 4.01,9.01 10/14/13 RENASANT CORP MS 2.02,9.01 10/15/13 Revett Minerals Inc. A6 8.01,9.01 10/16/13 REXAHN PHARMACEUTICALS, INC. DE 1.01,9.01 10/10/13 RIVER VALLEY BANCORP IN 2.02,9.01 10/15/13 RLI CORP IL 2.02,9.01 10/16/13 Rockville Financial, Inc. /CT/ CT 8.01,9.01 10/16/13 SANDISK CORP DE 2.02,9.01 10/16/13 Sears Hometown & Outlet Stores, Inc. DE 5.07 10/16/13 AMEND SELECT COMFORT CORP MN 2.02,9.01 10/16/13 SIGMA LABS, INC. NV 5.07 10/10/13 SLM CORP DE 2.02,9.01 10/16/13 SLM FUNDING LLC DE 6.01,9.01 10/16/13 SMTP, Inc. DE 7.01 10/16/13 SOFTECH INC MA 2.02,5.07,9.01 10/09/13 SONIC AUTOMOTIVE INC DE 5.02 10/15/13 SOUTHERN FIRST BANCSHARES INC SC 5.07 05/21/13 AMEND SpendSmart Payments Co CO 1.01,7.01,9.01 10/15/13 ST JUDE MEDICAL INC MN 2.02,9.01 10/16/13 STANLEY BLACK & DECKER, INC. CT 2.02,9.01 10/16/13 Stevia First Corp. NV 1.01,8.01,9.01 10/10/13 STR HOLDINGS, INC. DE 5.02 10/15/13 Sucampo Pharmaceuticals, Inc. 7.01,9.01 10/16/13 TAIWAN FUND INC DE 7.01,9.01 09/30/13 TEREX CORP DE 8.01,9.01 10/14/13 TESSERA TECHNOLOGIES INC DE 7.01 10/14/13 TIDELANDS BANCSHARES INC 2.02,9.01 10/16/13 Tierra Grande Resources Inc. NV 7.01,9.01 10/16/13 TMS International Corp. DE 2.01,3.01,3.03, 10/16/13 5.01,5.02,5.03,8.01,9.01 TOYS R US INC DE 5.02,7.01,9.01 10/16/13 Transocean Ltd. V8 7.01,9.01 10/16/13 TWENTY-FIRST CENTURY FOX, INC. 8.01,9.01 10/16/13 UMB FINANCIAL CORP MO 7.01,9.01 10/16/13 UNION BANKSHARES INC VT 2.02,8.01,9.01 10/16/13 UniTek Global Services, Inc. DE 2.02,7.01,9.01 10/15/13 UNIVERSAL FOREST PRODUCTS INC MI 2.02,9.01 10/16/13 UNIVERSITY GENERAL HEALTH SYSTEM, INC NV 9.01 10/16/13 US BANCORP \DE\ DE 2.02,9.01 10/16/13 usell.com, Inc. DE 5.02 10/01/13 USG CORP DE 1.01,2.02,7.01, 10/16/13 9.01 VALLEY FINANCIAL CORP /VA/ VA 2.03,8.01,9.01 10/15/13 Vantage Drilling CO E9 1.01,9.01 10/15/13 Vican Resources, Inc. NV 3.02,3.03,5.01, 09/24/13 5.07,9.01 VISION GLOBAL SOLUTIONS INC NV 8.01 10/16/13 Vitamin Shoppe, Inc. DE 1.01,2.03,9.01 10/11/13 VOLT INFORMATION SCIENCES, INC. NY 5.04,7.01,9.01 10/10/13 WASHINGTON FEDERAL INC WA 2.02,7.01,9.01 10/16/13 WATSCO INC FL 2.02,7.01,9.01 10/16/13 WESTAMERICA BANCORPORATION CA 2.02,9.01 10/16/13 WESTERN DIGITAL CORP DE 7.01 10/15/13 WET SEAL INC DE 2.02,9.01 10/16/13 Winchester Holding Group NV 5.02 10/10/13 WINMARK CORP MN 2.02,7.01,9.01 10/16/13 WORLD FUEL SERVICES CORP FL 7.01,9.01 10/16/13 WYNN RESORTS LTD 1.01,2.03,7.01, 10/16/13 9.01 XILINX INC DE 2.02,9.01 10/16/13 ZAGG Inc NV 2.02,9.01 10/10/13 ZAGG Inc NV 5.07 06/13/13 AMEND