DERIVATIVES (Tables)

9 Months Ended

Sep. 30, 2013

Derivative Instruments and Hedging Activities Disclosure [Abstract]

Summary of derivative instruments at fair value

Our derivative instruments are summarized as follows:

		Fair Value
Derivative instruments not designated as hedging instruments under ASC 815	Balance Sheet Location	September 30, 2013		December 31, 2012
Warrants	Derivative liabilities	$	17,555	$	4,857
Convertible Notes embedded derivative	Derivative liabilities	—		17,173
		$	17,555	$	22,030

Effect of derivative instruments on the statement of operations

The following table presents the effect of derivative instruments on the accompanying condensed consolidated statements of operations for the three and nine months ended September 30, 2013, excluding income tax effects:

Derivative instruments not designated as hedging instruments under ASC 815	Location of Income/(Loss) Recognized	Three months ended September 30, 2013			Nine months ended September 30, 2013
Warrants	Derivative loss	$	(5,467	)	$	(12,698	)
Convertible Notes embedded derivative	Derivative loss	—			(13,131		)
		$	(5,467	)	$	(25,829	)

Volume positions of warrants and convertible notes

Warrant and Convertible Note volume positions are presented in the number of shares underlying the respective instruments.  The table below presents our volume positions (in thousands) as of September 30, 2013 and December 31, 2012:

	Number of Shares
Derivative instruments not designated as hedging instruments under ASC 815	September 30, 2013	December 31, 2012
Warrants	3,000	3,000
Convertible Notes embedded derivative	—	5,238
	3,000	8,238