0001179110-11-008678.txt : 20110526 0001179110-11-008678.hdr.sgml : 20110526 20110526170629 ACCESSION NUMBER: 0001179110-11-008678 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20110525 FILED AS OF DATE: 20110526 DATE AS OF CHANGE: 20110526 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: WEISER MICHAEL CENTRAL INDEX KEY: 0001221449 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-33038 FILM NUMBER: 11875078 MAIL ADDRESS: STREET 1: 130 EAST 75TH ST STREET 2: APT 6B CITY: NEW YORK STATE: NY ZIP: 10021 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 2011-05-25 0 0001107421 ZIOPHARM ONCOLOGY INC ZIOP 0001221449 WEISER MICHAEL C/O ZIOPHARM ONCOLOGY, INC. 1180 AVENUE OF THE AMERICAS, SUITE 1920 NEW YORK NY 10036 1 0 0 0 Common Stock, $.001 par value 2011-05-25 4 S 0 15000 6.53 D 135945 D Warrants to Purchase Common Stock 4.75 2005-09-13 2012-05-31 Common Stock, $.001 par value 35566 35566 D Director Stock Option (right to buy) 4.31 2007-07-20 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, $.001 par value 15000 15000 D Warrants to purchase Common Stock 5.09 2006-05-03 2013-05-03 Common Stock, $.001 par value 18319 18319 D Director Stock Option (right to buy) 6.49 2009-12-13 2016-12-13 Common Stock, $.001 par value 15000 15000 D Stock Option (right to buy) 4.85 2010-06-18 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 Stock Options (right to buy) 2.85 2019-12-31 Common Stock, $.001 par value 7500 7500 D Stock Options (right to buy) 5.09 2011-03-31 2020-03-31 Common Stock, $.001 par value 15000 15000 D Stock Option (right to buy) 4.77 2020-12-31 Common Stock 30000 30000 D Proceeds from the sales reported on this form were used to offset the reporting person's payment of tax obligations triggered by the vesting of previously awarded restricted stock. The price reported in column 4 is a weighted average price. These shares were sold in multiple transactions at prices ranging from $6.51 to $6.57, inclusive. The reporting person undertakes to provide to the Issuer, any security holder of the Issuer or the staff of the Securities and Exchange Commission, upon request, full information regarding the number of shares sold at each separate price within the ranges set forth. Includes grants of restricted stock with restrictions that lapsed as to 3,750 shares on December 31, 2010 and as to 15,000 shares on March 31, 2011; and restrictions that will lapse as to 3,750 shares on December 31, 2011. 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 12/31/09, 6/30/2010 and 12/31/2010. 3,750 shares vest on each of 12/31/2010 and 12/31/2011. 10,000 shares vest on each of 12/31/2011, 12/31/2012 and 12/31/2013. Exhibit 24.1 Power of Attorney attached. /s/ Richard E. Bagley as attorney-in-fact for Michael Weiser 2011-05-26 EX-24.1 2 exhibit24.txt POWER OF ATTORNEY 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 24 day of June, 2009. /s/ Michael Weiser (signature) _Michael Weiser _