-----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, Wj10O1GBzw4awA8MAEB5TMmacq01B1uMQwjEUH6VeHVxZ0E8CbEJ65gj/dGtBSjM IO8z00QT6ljsi3uGaktvEw== 0001209191-09-019718.txt : 20090402 0001209191-09-019718.hdr.sgml : 20090402 20090402162025 ACCESSION NUMBER: 0001209191-09-019718 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20090331 FILED AS OF DATE: 20090402 DATE AS OF CHANGE: 20090402 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: RUBIN HARRY M CENTRAL INDEX KEY: 0001285057 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-33522 FILM NUMBER: 09727905 MAIL ADDRESS: STREET 1: ATARI INC STREET 2: 417 FIFTH AVE. CITY: NEW YORK STATE: NY ZIP: 10016 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: SYNTHESIS ENERGY SYSTEMS INC CENTRAL INDEX KEY: 0001375063 STANDARD INDUSTRIAL CLASSIFICATION: MISCELLANEOUS PRODUCTS OF PETROLEUM & COAL [2990] IRS NUMBER: 202110031 STATE OF INCORPORATION: DE FISCAL YEAR END: 0630 BUSINESS ADDRESS: STREET 1: THREE RIVERWAY, SUITE 300 CITY: HOUSTON STATE: TX ZIP: 77056 BUSINESS PHONE: 713-579-0600 MAIL ADDRESS: STREET 1: THREE RIVERWAY, SUITE 300 CITY: HOUSTON STATE: TX ZIP: 77056 4 1 c83371_4x1.xml MAIN DOCUMENT DESCRIPTION X0303 4 2009-03-31 0001375063 SYNTHESIS ENERGY SYSTEMS INC SYMX 0001285057 RUBIN HARRY M 417 FIFTH AVE. NEW YORK NY 10016 1 0 0 0 Stock Option 2009-03-31 4 D 0 200000 D Common Stock 200000 70000 D Stock Option 0.66 2009-03-31 4 A 0 80000 0.66 A 2009-03-31 2019-03-31 Common Stock 80000 118000 D Stock Option 0.66 2009-03-31 4 A 0 20000 0.66 A 2019-03-31 Common Stock 20000 130000 D Stock Option 0.66 2009-03-31 4 A 0 151515 0.66 A 2019-03-31 Common Stock 151515 130000 D On March 31, 2009, the issuer cancelled, pursuant to the issuer's option exchange program, options granted to Mr. Rubin on August 4, 2006 and March 9, 2007 totalling 200,000 shares. In exchange for the options, Mr. Rubin received two separate option grants to acquire 80,000 and 20,000 shares of common stock, respectively. The August 4, 2006 cancelled option provided for vesting in five equal annual installments on each of August 4, 2006, 2007, 2008, 2009 and 2010 at an exercise price of $6.25 per share and expired on August 4, 2011. The March 9, 2007 cancelled option grant provided for vesting in five equal annual installments on each of March 9, 2007, 2008, 2009, 2010 and 2011 at an exercise price of $6.00 per share and expired on March 9, 2012. This reflects 70,000 shares of common stock beneficially owned by Mr. Rubin. Three-fifths of this grant vested in equal installments on August 4, 2006, 2007 and 2008, and the remaining two-fifths of the grant will vest in equal installments on each of August 4, 2009 and 2010 for Mr. Rubin. This reflects (i) 70,000 shares of common stock beneficially owned by Mr. Rubin and (ii) 48,000 shares vested upon the issuance of the grant decribed in Footnote 4. Three-fifths of this grant vested in equal installments on March 9, 2007, 2008 and 2009, the remaining two-fifths of the grant will vest in equal installments on each of March 9, 2010 and 2011 to Mr. Rubin. This reflects (i) 70,000 shares of common stock beneficially owned by Mr. Rubin, (ii) 48,000 shares vested upon the issuance of the grant decribed in Footnote 4 and (iii) 12,000 shares vested upon the issuance of the grant described in Footnote 6. This grant vests in four equal annual installments on each of March 31, 2010, 2011, 2012 and 2013. /s/ Kevin Kelly, as attorney in fact 2009-04-01 EX-24 2 c83371_24.htm POWER OF ATTORNEY Power Of Attorney

POWER OF ATTORNEY

Know all by these presents, that the undersigned hereby constitutes and appoints each of Robert Rigdon and Kevin Kelly, and each of them singly, as the undersigned’s true and lawful attorneys-in-fact to:

  1.  
execute for and on behalf of the undersigned, in the undersigned’s capacity as an officer and/or director of Synthesis Energy Systems, Inc. (the “Company”), Forms 3, 4, and 5 in accordance with Section 16(a) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”) 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 and execute any such Forms 3, 4, or 5, complete and execute any amendment or amendments thereto, and timely file such form with the United States Securities and Exchange Commission and any stock exchange or similar authority; and

  3.  
take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorneys-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 attorneys-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 attorneys-in-fact may approve in such attorney-in-fact’s discretion.

The undersigned hereby grants to each 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 each such attorney-in-fact, or each 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 neither of the foregoing attorneys-in fact, in serving in such capacity at the request of the undersigned, is assuming, nor is the Company assuming, any of the undersigned’s responsibilities 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 undersigned’s holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to each of the foregoing attorneys-in-fact.

IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 31st day of March, 2009.

/s/ Harry Rubin                                                   

Signature

Harry Rubin                                                        

Print Name

 

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