-----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, M+0dJQG93VZOSYEsEyylWg6U23Yu6rh6asdSiR6VlnaGbkwHwR/EI/S1WJOId4No BiFp+FtHH/KNI3Ufd/NuBg== 0000950138-07-000975.txt : 20071204 0000950138-07-000975.hdr.sgml : 20071204 20071204162239 ACCESSION NUMBER: 0000950138-07-000975 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20071130 FILED AS OF DATE: 20071204 DATE AS OF CHANGE: 20071204 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: HEARUSA INC CENTRAL INDEX KEY: 0000821536 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-RETAIL STORES, NEC [5990] IRS NUMBER: 222748248 STATE OF INCORPORATION: DE FISCAL YEAR END: 1225 BUSINESS ADDRESS: STREET 1: 1250 NORTHPOINT PARKWAY CITY: WEST PALM BEACH STATE: FL ZIP: 33407 BUSINESS PHONE: 5614788770 MAIL ADDRESS: STREET 1: 1250 NORTHPOINT PARKWAY CITY: WEST PALM BEACH STATE: FL ZIP: 33407 FORMER COMPANY: FORMER CONFORMED NAME: HEARX LTD DATE OF NAME CHANGE: 19950808 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: LABADIE MICHEL CENTRAL INDEX KEY: 0001255710 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-11655 FILM NUMBER: 071283940 4 1 form4_120307ex.xml X0202 4 2007-11-30 0 0000821536 HEARUSA INC EAR 0001255710 LABADIE MICHEL 156 MAPLEWOOD OUTREMONT A8 H2V 2M5 QUEBEC, CANADA 1 0 0 0 Stock Option (Right to Buy) 1.45 2007-11-30 4 A 0 20000 0 A 2017-11-30 Common Stock 20000 20000 D The option to purchase 20,000 shares of common stock was awarded on November 30, 2007 under the HearUSA, Inc. 2007 Incentive Compensation Plan in a transaction exempt under Rule 16b-3 and becomes exercisable ratably over three years starting on November 30, 2008. See Exhibit 24 - Power of Attorney /s/ Michel Labadie 2007-12-04 EX-24 2 poa.htm POWER OF ATTORNEY

Exhibit 24

POWER OF ATTORNEY

Know all by these presents, that the undersigned hereby constitutes and appoints Stephen J. Hansbrough and LaDawn Naegle, or either of them with full power of substitution, the undersigned's true and lawful attorneys-in-fact to:

(1)           execute for and on behalf of the undersigned, in the capacity of the undersigned listed below, a Form ID Application to obtain access codes for the Electronic Data Gathering, Analysis and Retrieval (“EDGAR”) system of the U.S. Securities and Exchange Commission;

(2)           execute for and on behalf of the undersigned, in the undersigned's capacity as a director of HearUSA, Inc. (the “Company”), Form 3, Form 4s and Form 5s in accordance with Section 16(a) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and the rules thereunder;

(3)           do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute such Form ID Application and any such Form 3, Form 4s and Form 5s complete and execute any amendment or amendments thereto, and file such Forms with the United States Securities and Exchange Commission; and

(4)           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 such attorney-in-fact's discretion.

The undersigned hereby grants to such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned 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 such attorney-in-fact's 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 attorney-in-fact, in serving in such capacity at the request of the undersigned, is not assuming, nor is the Company assuming, any of the responsibilities of the undersigned to comply with Section 16 of the Exchange Act.

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 holdings of the undersigned and transactions in securities issued by the Company, unless earlier revoked with respect to either or both of the herein named attorneys-in-fact by the undersigned in a signed writing delivered to such person or persons.

IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of the date and in the capacity set forth below.

Dated:   December 4, 2007

/s/ Michel Labadie                                  

Michel Labadie

 

 

 

 

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