X0303 4 2010-10-15 0000017485 LIBERATOR MEDICAL HOLDINGS, INC. LBMH 0000851909 MILLENNIUM PARTNERS, L.P. C/O MILLENNIUM MANAGEMENT LLC 666 FIFTH AVENUE, 8TH FLOOR NEW YORK NY 10103 0 0 1 0 0001487118 ICS OPPORTUNITIES, LTD. C/O MILLENNIUM INTL. MGMT. LP 666 FIFTH AVENUE, 8TH FLOOR NEW YORK NY 10103 0 0 0 1 May be deemed a group member. 0001426821 MILLENNIUM INTERNATIONAL MANAGEMENT LP C/O MILLENNIUM INTL. MGMT. GP LLC 666 FIFTH AVENUE, 8TH FLOOR NEW YORK NY 10103 0 0 0 1 May be deemed a group member. 0001446830 MILLENNIUM INTERNATIONAL MANAGEMENT GP LLC 666 FIFTH AVENUE, 8TH FLOOR NEW YORK NY 10103 0 0 0 1 May be deemed a group member. 0001273087 MILLENNIUM MANAGEMENT LLC 666 FIFTH AVENUE, 8TH FLOOR NEW YORK NY 10103 0 0 0 1 May be deemed a group member. 0001017456 ENGLANDER ISRAEL A C/O MILLENNIUM MANAGEMENT LLC 666 FIFTH AVENUE, 8TH FLOOR NEW YORK NY 10103 0 0 0 1 May be deemed a group member. Common Stock 2010-10-15 4 X 0 3333333 .75 A 7899079 D Common Stock 939123 D October 2008 Senior Convertible Note .75 2010-10-15 4 X 0 2500000.00 0 D 2010-10-17 Common Stock 3333333 0 D May 2008 Warrants 1.00 2013-05-22 Common Stock 4375000 4375000 D October 2008 Warrants 1.25 2011-10-17 Common Stock 1166667 1166667 D On October 15, 2010, Millennium Partners, L.P., a Cayman Islands exempted limited partnership ("Millennium Partners"), converted a 3% senior unsecured convertible note in the original principal amount of $2,500,000 ("October 2008 Note") at a conversion price of $0.75 per share into 3,333,333 shares of common stock, par value $0.001 per share (the "Common Stock"), of Liberator Medical Holdings, Inc. (the "Issuer"). As of the date of this Form 4, Millennium Partners is the beneficial owner of 7,899,079 shares of the Issuer's Common Stock . As of the date of this Form 4, ICS Opportunities, Ltd., an exempted limited company organized under the laws of the Cayman Islands ("ICS Opportunities"), is the beneficial owner of 939,123 shares of the Issuer's Common Stock. Millennium Partners holds warrants to purchase 4,375,000 shares of the Issuer's Common Stock at an exercise price of $1.00 per share that expire on May 22, 2013 ("May 2008 Warrants"). Millennium Partners also holds warrants to purchase 1,166,667 shares of the Issuer's Common Stock at an exercise price of $1.25 per share that expire on October 17, 2011 ("October 2008 Warrants"). However, the number of shares of Common Stock into which the May 2008 Warrants and October 2008 Warrants convert into is limited pursuant to the terms of the May 2008 Warrants and October 2008 Warrants to that number of shares of the Issuer's Common Stock which would result in Millennium Partners and its affiliates having aggregate beneficial ownership of not more than 9.99% of the total issued and outstanding Common Stock ("Ownership Limitation"). Due to the conversion of the October 2008 Note and the previous conversion of the May 2008 Note, Millennium Partners is subject to the Ownership Limitation imposed by the terms of the May 2008 Warrants and October 2008 Warrants and consequently, the May 2008 Warrants and October 2008 Warrants are not beneficially owned by Millennium Partners or its affiliates. Millennium Management LLC, a Delaware limited liability company ("Millennium Management"), is the general partner of Millennium Partners, and may be deemed to have shared voting control and investment discretion over securities owned by Millennium Partners. Millennium Management is also the general partner of the 100% shareholder of ICS Opportunities, and consequently may be deemed to have shared voting control and investment discretion over securities owned by ICS Opportunities. Millennium International Management LP, a Delaware limited partnership ("Millennium International Management"), is the investment manager to ICS Opportunities, and consequently may be deemed to have shared voting control and investment discretion over securities owned by ICS Opportunities. Millennium International Management GP LLC, a Delaware limited liability company ("Millennium International Management GP"), is the general partner of Millennium International Management, and consequently may also be deemed to have shared voting control and investment discretion over securities owned by ICS Opportunities. Israel A. Englander ("Mr. Englander"), is the managing member of Millennium Management and of Millennium International Management GP, and consequently may also be deemed to have shared voting control and investment discretion over securities owned by Millennium Partners or ICS Opportunities, as the case may be. * MILLENNIUM PARTNERS, L.P. By: Millennium Management LLC, its General Partner * David Nolan, Co-President 2010-10-18