-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, LBNMfNxDI7pLKJ7WXNPabdPRUqWXXu80FUvoXgP4BI51V4FHKbdoPwxSVAxI5c0k sIePUNGI4jLBi+/y2bZO3A== 0001179110-09-013629.txt : 20090924 0001179110-09-013629.hdr.sgml : 20090924 20090924165119 ACCESSION NUMBER: 0001179110-09-013629 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20090923 FILED AS OF DATE: 20090924 DATE AS OF CHANGE: 20090924 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: FRAGIN GARY S CENTRAL INDEX KEY: 0001338534 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-33038 FILM NUMBER: 091085389 MAIL ADDRESS: STREET 1: C/O FRAGIN ASSET MANAGEMENT STREET 2: 4925 ARLINGTON AVENUE CITY: RIVERDALE STATE: NY ZIP: 10471 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: ZIOPHARM ONCOLOGY INC CENTRAL INDEX KEY: 0001107421 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-SPECIALTY OUTPATIENT FACILITIES, NEC [8093] IRS NUMBER: 841475642 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 1180 AVENUE OF THE AMERICA STREET 2: 19TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10036 BUSINESS PHONE: 646-214-0700 MAIL ADDRESS: STREET 1: 1180 AVENUE OF THE AMERICA STREET 2: 19TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10036 FORMER COMPANY: FORMER CONFORMED NAME: EASYWEB INC DATE OF NAME CHANGE: 20010213 4 1 edgar.xml FORM 4 - X0303 4 2009-09-23 0 0001107421 ZIOPHARM ONCOLOGY INC ZIOP 0001338534 FRAGIN GARY S FRAGIN ASSET MANAGEMENT 4925 ARLINGTON AVENUE RIVERDALE NY 10471 1 0 0 0 Common Stock, $.001 par value 2009-09-23 4 A 0 30000 0 A 45000 D Director Stock Option (right to buy) 4.31 2014-12-22 Common Stock, $.001 par value 15029 15029 D Director Stock Option (right to buy) 5.01 2006-04-26 2016-04-26 Common Stock 15000 15000 D Director Stock Option (right to buy) 6.49 2016-12-13 Common Stock 15000 15000 D Stock Option (right to buy) 4.85 2017-06-18 Common Stock 15000 15000 D Stock Option (right to buy) 2.73 2017-12-12 Common Stock 20000 20000 D Stock Option (right to buy) 0.70 2019-05-13 Common Stock 15000 15000 D 7,515 shares vest on 12/22/05 and 7,514 shares vest on 12/22/06. 5,000 shares vest on each of 12/13/07, 12/13/08 and 12/13/09. 5,000 shares vest on each of 6/18/08, 6/18/09 and 6/18/10. 6,667 shares vest on each of 12/12/08 and 12/12/09; 6,666 shares vest on 12/12/10. 5,000 shares vest on each of 12/31/2009, 6/30/2010 and 12/31/2010. Grant of restricted stock; restrictions lapse on 9/23/2010. /s/ Richard E. Bagley, as attorney-in-fact for Gary S. Fragin 2009-09-24 EX-24.1 2 exhibit24.txt POWER OF ATTORNEY For Executing Forms 3, 4 and 5 Know all by these presents, that the undersigned hereby constitutes and appoints Jonathan Lewis and Richard E. Bagley, signing individually, his true and lawful attorneys-in-fact to: 1. Execute for and on behalf of the undersigned Initial Statements of Beneficial Ownership of Securities on Form 3, Statements of Changes of Beneficial Ownership of Securities on Form 4 and Annual Statements of Beneficial Ownership of Securities on Form 5, for the purpose of reporting transactions by the undersigned in securities issued by Ziopharm Oncology, Inc. in accordance with Section 16(a) of the Securities Exchange Act of 1934 and the rules thereunder; 2. Do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete the execution of any such Form 3, 4 or 5 and the timely filing thereof with the United States Securities and Exchange Commission and any other applicable governmental or regulatory authority; and 3. Take any other action of any type whatsoever in connection with the foregoing which in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in his discretion. The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform all and every act and thing whatsoever requisite, necessary and proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as such attorney-in-fact might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or his substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorneys-in-fact, in serving in such capacity at the request of the undersigned, are not assuming any of the undersigned's responsibilities to comply with Section 16 of the Securities Exchange Act of 1934. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4 and 5 with respect to the undersigned's holdings of and transactions in securities issued by Ziopharm Oncology, Inc., unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact. IN WITNESS WHEREOF, the undersigned has executed this Power of Attorney as of this 25th day of June, 2009. /s/ Gary S. Fragin (signature) _Gary S. Fragin __ (print name) -----END PRIVACY-ENHANCED MESSAGE-----