X0202 5 2003-12-31 0 0 1 0001005698 SMARTSERV ONLINE INC SSRV 0001123328 TECCAPITAL LTD CANON HOUSE 22 VICTORIA STREET HAMILTON D0 HM12 BERMUDA 0 0 1 0 Right to Buy 0 2003-12-08 4 J 0 L 5050.5 0 A 2003-12-08 2005-12-08 Common Stock 5050.5 5050.5 D Compensation Warrants, as defined in the Stock Purchase Agreement, that the Reporting Person believes it is entitled to be issued pursuant to terms of the Stock Purchase Agreement, dated May 12, 2000 among SmartServ, the Reporting Person and certain other investors named therein. The reported Compensation Warrants have not been issued by SmartServ; the Reporting Person and SmartServ are currently in a dispute regarding the Reporting Persons right to acquire the Compensation Warrants reported herein. Each Compensation Warrant is exercisable, for a period of two years from the date of issuance, at an exercise price per share equal to 70 percent of the average trading price of SmartServs Common Stock over the 5 trading days immediately prior to the issue date of the Compensation Warrant. TecCapital believes that it does not have access to all of the data required to determine the number of securities to which it is entitled and TecCapitals determination is based entirely on certain information that has been furnished from time to time by SmartServ to TecCapital and or been included in periodic reports filed by SmartServ under the Securities Exchange Act of 1934, as amended. Accordingly, TecCapitals determination of its beneficial ownership of the securities as reported herein is correct to the best of TecCapitals knowledge, but is subject to correction in the event any of the information obtained from SmartServ to make such determination is incomplete or incorrect. Because of the current dispute, the Reporting Person cannot complete Column 2 of Table II. All securities amounts have been adjusted to reflect the 6-for-1 reverse stock split effected by SmartServ on November 25, 2003. /s/ Charles R. Klotz, President 2004-07-21