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U.S. Securities and Exchange Commission

SEC News Digest

Issue 2012-218
November 14, 2012

Commission Announcements

Securities and Exchange Commission Suspends Trading in the Securities of Seven Issuers for Failure to Make Required Periodic Filings

The U.S. Securities and Exchange Commission announced the temporary suspension of trading in the securities of the following issuers, commencing at 9:30 a.m. EST on November 14, 2012 and terminating at 11:59 p.m. EST on November 28, 2012.

  • DIAS Holding, Inc. (DSHL)
  • EarthBlock Technologies, Inc. (EBLC)
  • Ensurapet, Inc. (EPTI)
  • FIIC Holdings, Inc. (FIIH)
  • GeM Solutions, Inc. (GMSL)
  • Gold Star Tutoring Services, Inc. (GSTZ)
  • GPS Industries, Inc. (GPSNQ)

The Commission temporarily suspended trading in the securities of these seven issuers due to a lack of current and accurate information about the companies because they have not filed periodic reports with the Commission in over two years. This order was entered pursuant to Section 12(k) of the Securities Exchange Act of 1934 (Exchange Act).

The Commission cautions brokers, dealers, shareholders and prospective purchasers that they should carefully consider the foregoing information along with all other currently available information and any information subsequently issued by these companies.

Brokers and dealers should be alert to the fact that, pursuant to Exchange Act Rule 15c2-11, at the termination of the trading suspensions, no quotation may be entered relating to the securities of the subject companies unless and until the broker or dealer has strictly complied with all of the provisions of the rule. If any broker or dealer is uncertain as to what is required by the rule, it should refrain from entering quotations relating to the securities of these companies that have been subject to a trading suspension until such time as it has familiarized itself with the rule and is certain that all of its provisions have been met. Any broker or dealer with questions regarding the rule should contact the staff of the Securities and Exchange Commission in Washington, DC at (202) 551-5720. If any broker or dealer enters any quotation which is in violation of the rule, the Commission will consider the need for prompt enforcement action.

If any broker, dealer or other person has any information which may relate to this matter, they should immediately communicate it to the Delinquent Filings Branch of the Division of Enforcement at (202) 551-5466, or by e-mail at DelinquentFilings@sec.gov. (Rel. 34-68222)

SEC and Justice Department Release FCPA Guide

The Securities and Exchange Commission and the Department of Justice today released A Resource Guide to the U.S. Foreign Corrupt Practices Act. The 120-page guide provides a detailed analysis of the U.S. Foreign Corrupt Practices Act (FCPA) and closely examines the SEC and DOJ approach to FCPA enforcement.

The guide provides helpful information to enterprises of all sizes from small businesses doing their first transactions abroad to multi-national corporations with subsidiaries around the world. The guide addresses a wide variety of topics including who and what is covered by the FCPA’s anti-bribery and accounting provisions; the definition of a “foreign official”; what constitute proper and improper gifts, travel, and entertainment expenses; facilitating payments; how successor liability applies in the mergers and acquisitions context; the hallmarks of an effective corporate compliance program; and the different types of civil and criminal resolutions available in the FCPA context. On these and other topics, the guide takes a multi-faceted approach toward setting forth the statute’s requirements and providing insights into SEC and DOJ enforcement practices. It uses hypotheticals, examples of enforcement actions and matters that the SEC and DOJ have declined to pursue, and summaries of applicable case law and DOJ opinion releases.

“Investors must have faith that the economic performance of public companies reflects lawful considerations of markets, price, and product rather than a mirage resulting from bribery and corruption,” said Robert Khuzami, Director of the SEC’s Division of Enforcement. “This guide will protect investors by assisting businesses in preventing such unlawful behavior, thus avoiding FCPA violations in the first place, which is in the interest of law enforcement and business alike.”

Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division said, “The fight against corruption is a law enforcement priority of the United States. Our FCPA enforcement is critical to protecting the integrity of markets for American companies doing business abroad, and we will continue to make clear that bribing foreign officials is not an acceptable shortcut. The guide is an important illustration of our transparency and a useful reference for companies and individuals who wish to act responsibly and in compliance with the law.”

The guide is available online at: www.sec.gov/spotlight/fcpa.shtml or www.justice.gov/criminal/fraud/fcpa. (Press Rel. 2012-225)

SEC Approves Further Regulatory Relief and Assistance For Hurricane Sandy Victims

The Securities and Exchange Commission today issued an order providing regulatory relief to publicly traded companies, investment companies, accountants, transfer agents, and others affected by Hurricane Sandy.  

The loss of property, power, transportation, and mail delivery due to the hurricane poses challenges for some public companies and others that are required to provide information to the SEC and shareholders. To address compliance issues caused by Hurricane Sandy and its aftermath, the order conditionally exempts affected persons from the requirements of the federal securities laws with regard to the following:

  • Exchange Act filing requirements for the period from Oct. 29, 2012 to Nov. 20, 2012, provided that the filer disclose the reasons why, in good faith, it cannot file on a timely basis
     
  • Proxy and information statement delivery requirements for companies or others attempting to deliver materials to affected areas
     
  • Investment Company Act requirements for the transmittal to shareholders in affected areas of the annual and semi-annual reports of registered investment companies for the period from Oct. 29, 2012 to Nov. 20, 2012
     
  • Transfer agent compliance with Exchange Act Sections 17A and 17(f) and Exchange Act Rules 17Ad-1 through 17Ad-20, and Exchange Act Rules 17f-1 and 17f-2 for the period from Oct. 29, 2012 to Dec. 1, 2012
     
  • Auditor independence requirements as they relate to reconstruction of previously existing accounting records for audit clients

In addition, the Commission has directed the staff to take the following positions under the Exchange Act, the Securities Act, and the Investment Advisers Act, regarding issues that may arise commonly for companies and others attempting to comply with their obligations under the federal securities laws:

  • For purposes of eligibility to use Form S-3 (as well as well-known seasoned issuer status, which is based in part on Form S-3 eligibility) for a company relying on the exemptive order, any of that company’s Exchange Act reports that would have been required to be filed during the period from Oct. 29, 2012 to Nov. 20, 2012 will be due by Nov. 21, 2012. Such a company will, therefore, be considered:

    • Current in its Exchange Act reports prior to Nov. 21, 2012 if it was current in its Exchange Act reports as of Oct. 28, 2012
       
    • Current in its Exchange Act reports as of Nov. 21, 2012 if it was current in its Exchange Act reports as of Oct. 28, 2012 and it has made any filings required during the period from Oct. 29, 2012 to Nov. 20, 2012
       
    • Timely in its Exchange Act reports prior to Nov. 21, 2012 if it was timely in its Exchange Act reports as of Oct. 28, 2012
       
    • Timely in its Exchange Act reports as of Nov. 21, 2012 if it was timely in its Exchange Act reports as of Oct. 28, 2012 and it has made any filings required during the period from Oct. 29, 2012 to Nov. 20, 2012 on or before Nov. 21, 2012
       
  • For purposes of the Form S-8 eligibility requirements and the current public information eligibility requirements of Rule 144(c), a company relying on the exemptive order will be considered:

    • Current in its Exchange Act reports prior to Nov. 21, 2012 if it was current in its Exchange Act reports as of Oct. 28, 2012
       
    • Current in its Exchange Act reports as of Nov. 21, 2012 if it was current in its Exchange Act reports as of Oct. 28, 2012 and it has made any filings required during the period from Oct. 29, 2012 to Nov. 20, 2012
       
    • Companies that receive an extension on filing Exchange Act annual reports or quarterly reports pursuant to the order will be considered to have a due date of Nov. 21, 2012 for those reports for purposes of Exchange Act Rule 12b-25.  As such, those companies will be permitted to rely on Rule 12b-25 where they are unable to file the required reports on or before Nov. 21, 2012.
       
    • For the period from Oct. 29, 2012 to Nov. 20, 2012, a registered open-end investment company and a registered unit investment trust will be considered to have satisfied the requirements of Section 5(b)(2) of the Securities Act to deliver a summary or a statutory prospectus, as applicable, to an investor, provided that: (1) the sale of shares to the investor was not an initial purchase by the investor of shares of the company or unit investment trust; (2) the investor’s mailing address for delivery, as listed in the records of the company or unit investment trust, has a ZIP code for which the U.S. Postal Service has suspended mail service, as a result of Hurricane Sandy, of the type or class customarily used by the company or unit investment trust, to deliver summary or statutory prospectuses; and (3) the company, or unit investment trust, or other person promptly delivers the summary or statutory prospectus, as applicable (a) if requested by the investor, or (b) by the earlier of Nov. 21, 2012 or the resumption of the applicable mail service.
       
    • A registered investment adviser will be considered to have satisfied Form ADV filing requirements under Section 204(a) of the Advisers Act and Rule 204-1 thereunder, if:  (1) the registrant’s Form ADV filing deadline falls within the period from Oct. 29, 2012 to Nov. 20, 2012; (2) the registrant was or is not able to meet its filing deadline due to Hurricane Sandy and its aftermath; and (3) the registrant makes the required Form ADV filing by Nov. 21, 2012.
       
    • For the period from Oct. 29, 2012 to Nov. 20, 2012, a registered investment adviser will be considered to have satisfied the requirements of Section 204 of the Advisers Act and Rule 204-3(b) thereunder to deliver the written disclosure statements required thereunder to its advisory client, provided that: (1) the client’s mailing address for delivery, as listed in the records of the investment adviser, has a ZIP code for which the U.S. Postal Service has suspended mail service, as a result of Hurricane Sandy, of the type or class customarily used by the adviser to deliver written disclosure statements; and (2) the investment adviser or other person promptly delivers the written disclosure statement (a) if requested by the client, or (b) at the earlier of Nov. 21, 2012 or the resumption of the applicable mail service.

    The relief is structured for a broad class of companies and others affected by Hurricane Sandy.  Some companies and other affected persons may require additional or different assistance in their efforts to comply with the requirements of the federal securities laws.  The Commission staff will address these and any disclosure-related issues on a case-by-case basis in light of their fact-specific nature. 

    Any companies, transfer agents, brokerage firms, investment companies, investment advisers, security holders or other persons requiring additional assistance are encouraged to contact Commission staff for individual relief or interpretive guidance.  (Press Rel. 2012-226)

    SEC Enforcement Division Continues to Show Results in Safeguarding Investors and Markets
    Last Two Years Reflect Two Highest Numbers of Total Actions Brought by SEC

    Building on last year’s record results, the Securities and Exchange Commission today announced that it filed 734 enforcement actions in the fiscal year that ended Sept. 30, 2012, one shy of last year’s record of 735.  Most significantly, that number included an increasing number of cases involving highly complex products, transactions, and practices, including those related to the financial crisis, trading platforms and market structure, and insider trading by market professionals.  Twenty percent of the actions were filed in investigations designated as National Priority Cases, representing the Division’s most important and complex matters.

    The SEC also announced that it obtained orders in fiscal year 2012 requiring the payment of more than $3 billion in penalties and disgorgement for the benefit of harmed investors.  It represents an 11 percent increase over the amount ordered last year.  In the past two years, the SEC has obtained orders for $5.9 billion in penalties and disgorgement.

    “The record of performance is a testament to the professionalism and perseverance of the staff and the innovative reforms put in place over the past few years,” said SEC Chairman Mary L. Schapiro.  “We’ve now brought more enforcement actions in each of the last two years than ever before including some of the most complex cases we’ve ever seen.”

    Robert Khuzami, Director of the SEC’s Division of Enforcement, added, “It’s not simply numbers, but the increasing complexity and diversity of the cases we file that shows how successful we’ve been.  The intelligence, dedication, and deep experience of our enforcement staff are, more than any other factors, responsible for the Division’s success.”

    The sustained high-level performance comes two years after the Division underwent its most significant reorganization since it was established in the early 1970s.  The results in 2012 were aided by many of the reforms and innovations put in place in the past two years, such as increased expertise in complex and emerging financial markets, products, and transactions, including through enhanced training, the hiring of industry experts, and the creation of specialized enforcement units focused on high-priority misconduct; a flatter management structure; streamlined and centralized processes and the improved utilization of information technology; and a vastly enhanced ability to collect, process, and analyze tips and complaints.

    Financial Crisis-Related Cases

    Among the cases filed by the SEC in FY 2012 were 29 separate actions naming 38 individuals, including 24 CEOs, CFOs and other senior corporate officers, regarding wrongdoing related to the financial crisis.

    These cases included enforcement actions involving:

    During the last 2½ years, the agency has filed actions related to the financial crisis against 117 defendants — nearly half of whom were CEOs, CFOs and other senior corporate executives, resulting in approximately $ 2.2 billion in disgorgement, penalties, and other monetary relief obtained or agreed to. The SEC brought enforcement actions against Goldman Sachs, J.P Morgan Securities, and Morgan Keegan as well as senior executives from Countrywide, New Century, and American Home Mortgage.

    Insider Trading Cases

    Insider trading cases also are on the upswing with 58 actions filed in FY 2012 by the SEC, an increase over last year’s total of 57 actions.  The 168 total insider trading actions filed since October 2009 have been the most in SEC history for any three-year period.

    In these actions, the SEC has charged approximately 400 individuals and entities for illegal trading totaling approximately $600 million in illicit profits.  Among those charged in SEC insider trading cases in 2012 were:

    Other Enforcement Matters

    In order to ensure fair trading and equal access to information in the securities markets, the SEC brought several actions involving compliance failures and rules violations relating to stock exchanges, alternative trading platforms, and other market structure participants. 

    These cases included:

    • First-of-its-kind charges against the New York Stock Exchange for compliance failures that gave certain customers an improper head start on trading information.
       
    • The first-ever action against a “dark pool” trading platform (Pipeline Trading Systems) for failing to disclose to its customers that the vast amount of orders were filled by an affiliated trading operation.
       
    • An action against Direct Edge Holdings LLC for violations at two of its electronic stock exchanges and a broker-dealer arising out of weak controls that resulted in millions of dollars in trading losses and a systems outage.

    In the NYSE matter, the exchange and its parent company NYSE Euronext agreed to pay a $5 million penalty, marking the first-ever SEC financial penalty against an exchange.

    Investment Advisers: The SEC filed numerous actions resulting from several risk-based, proactive measures that identify threats at an early stage so that early action to halt the misconduct can be initiated and investor harm minimized.  In 2012, several actions resulted from the Division’s investment adviser compliance initiative, which looks for registered investment advisers who lack effective compliance programs designed to prevent securities laws violations.

    The SEC also filed actions charging three advisory firms and six individuals as part of the Aberrational Performance Inquiry into abnormal performance returns by hedge funds.  Other actions against investment advisers included cases against UBS Financial Services of Puerto Rico and two executives for misleading disclosures relating to certain proprietary closed-end mutual funds, Morgan Stanley Investment Management for an improper fee arrangement, and OppenheimerFunds for misleading investors in two funds suffering significant losses during the financial crisis.  UBS paid more than $26 million to settle the SEC’s charges while OppenheimerFunds paid more than $35 million for its violations.

    The SEC filed 147 enforcement actions in 2012 against investment advisers and investment companies, one more than the previous year’s record number.

    Issuer Disclosures: The SEC brought 79 actions in FY 2012 for financial fraud and issuer disclosure violations.  Those cases included actions against Life Partners Holdings and senior executives for fraudulent disclosures related to life settlements; two executives at China-based Puda Coal for defrauding investors about the nature of the company’s assets; and an enforcement action against Shanghai-based Deloitte Touche Tohmatsu for its refusal to provide the SEC with audit work papers related to a China-based company under investigation for potential accounting fraud against U.S. investors.

    Broker-Dealers: The agency filed 134 enforcement actions related to broker-dealers, a 19 percent increase over the previous year.  Broker-dealer actions included charges against a Latvian trader and electronic trading firms for their roles in an online account intrusion scheme that manipulated the prices of more than 100 NYSE and Nasdaq securities as well as charges against New York-based brokerage firm Hold Brothers On-Line Investment Services and three of its executives for their roles in allowing overseas traders to access the markets and conduct manipulative trading through accounts the firm controlled.  The defendants in the Hold Brothers action paid a total of $4 million to settle the SEC’s charges.

    FCPA:  The SEC filed 15 actions in FY 2012 for violations of the Foreign Corrupt Practices Act.  FCPA actions were filed against former Siemens executives, Magyar Telekom, Biomet, Smith & Nephew, Pfizer, Tyco International, and a former executive at Morgan Stanley’s real estate investment and fund advisory business.

    Municipal Securities: The SEC filed 17 enforcement actions related to municipal securities, more than double the number filed in 2011.  Among those charged in SEC municipal securities actions were the former mayor and city treasurer of Detroit in a pay-to-play scheme involving investments of the city’s pension funds, and Goldman Sachs for violations of various municipal securities rules resulting from undisclosed “in-kind” non-cash contributions that one of its investment bankers made to a Massachusetts gubernatorial candidate. (Press Rel. 2012-227)

    Commission Meetings

    Closed Meeting on Wednesday, November 14, 2012 at 9:30 a.m.

    The subject matter of the Closed Meeting was an examination of a financial institution.

    At times, changes in Commission priorities require alterations in the scheduling of meeting item. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 551-5400.

    Enforcement Proceedings

    Commission Orders Hearings on Registration Suspension or Revocation Against Seven Companies for Failure to Make Required Periodic Filings

    In conjunction with this trading suspension, the Commission today also instituted public administrative proceedings to determine whether to revoke or suspend for a period not exceeding twelve months the registration of each class of the securities of seven companies for failure to make required periodic filings with the Commission:

    • DIAS Holding, Inc. (DSHL)
    • EarthBlock Technologies, Inc. (EBLC)
    • Ensurapet, Inc. (EPTI)
    • FIIC Holdings, Inc. (FIIH)
    • GeM Solutions, Inc. (GMSL)
    • Gold Star Tutoring Services, Inc. (GSTZ)
    • GPS Industries, Inc. (GPSNQ)

    In this Order, the Division of Enforcement (Division) alleges that the seven issuers are delinquent in their required periodic filings with the Commission.

    In this proceeding, instituted pursuant to Exchange Act Section 12(j), a hearing will be scheduled before an Administrative Law Judge. At the hearing, the judge will hear evidence from the Division and the Respondents to determine whether the allegations of the Division contained in the Order, which the Division alleges constitute failures to comply with Exchange Act Section 13(a) and Rules 13a-1 and 13a-13 thereunder, are true. The judge in the proceeding will then determine whether the registrations pursuant to Exchange Act Section 12 of each class of the securities of these Respondents should be revoked or suspended for a period not exceeding twelve months. The Commission ordered that the Administrative Law Judge in this proceeding issue an initial decision not later than 120 days from the date of service of the order instituting proceedings. (Rel. 34-68221; File No. 3-15090)

    Bradford Keith Dent Sanctioned

    Bradford Keith Dent (Dent) has been barred from association with any broker or dealer. The sanction was ordered in an administrative proceeding before an administrative law judge, following a May 2012 conviction for securities fraud. The wrongdoing underlying Dent’s conviction took place during his October 1997 to June 2008 association with a Commission-registered broker-dealer and involved creating losing trades in a customer account to mask losses that resulted from Dent’s unauthorized day trading. (Rel. 34-68223; File No. 3-15039)

    In the Matter of James S. Quay

    On November 14, 2012, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934, Making Findings, and Imposing Remedial Sanctions and an Order Instituting Administrative Proceedings Pursuant to Rule 102(e) of the Commission’s Rules of Practice, Making Findings, and Imposing Remedial Sanctions against James S. Quay (Quay) based on the entry of a permanent injunction against him. The Orders, which were entered upon Quay’s consent, impose certain associational bars, including bars from association with any broker, dealer, or investment adviser, and suspend him from appearing or practicing before the Commission as an accountant or an attorney. (Rel. 34-68234; AAE Rel. 3424; File No. 3-15091; Rel.. 34-68235; File No. 3-15092)

    In the Matter of Garth Peterson

    On November 14, 2012, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 203(f) of the Investment Advisers Act of 1940, Making Findings, and Imposing Remedial Sanctions against Garth Peterson, a former executive at Morgan Stanley, barring him from association with any broker, dealer, investment adviser, municipal securities dealer, or transfer agent. The Order finds that on May 3, 2012, a final judgment was entered by consent against Peterson in the civil action entitled, SEC v. Garth Ronald Peterson, Case No. CV 12-2033 (E.D.N.Y.) (JBW) (filed April 25, 2012) (Litigation Release No. 22346) (http://www.sec.gov/litigation/litreleases/2012/lr22346.htm), permanently enjoining him from future violations of the anti-fraud provisions of the Investment Advisers Act of 1940 (Advisers Act) and the anti-bribery and internal controls provisions of the Foreign Corrupt Practices Act. The Order also finds that on August 28, 2012, Peterson was convicted and sentenced to nine months in prison for conspiring to circumvent Morgan Stanley’s internal controls. See United States v. Garth Peterson, Crim. Information No. CR12-224 (E.D.N.Y.) (JBW) (filed April 25, 2012).

    The Commission’s complaint in its civil action against Peterson alleged, among other things, that between approximately 2004 and 2007 as an executive of Morgan Stanley’s Chinese real estate investing and advisory business, Peterson secretly arranged to have at least $1.8 million paid to himself and a Chinese official, which he disguised as finder’s fees owed to third parties. On more than one occasion, Peterson also secretly arranged for himself, the Chinese official and a Canadian lawyer working with them to acquire a valuable Shanghai real estate interest from a Morgan Stanley fund. The Chinese official was the former Chairman of Yongye Enterprise (Group) Co.—a Chinese state-owned entity with influence over the success of Morgan Stanley’s real estate business in Shanghai—with whom Peterson had a personal friendship and secret business relationship. In exchange for offers and payments from Peterson, the Chinese official helped Peterson and Morgan Stanley obtain business while personally benefitting from some of these same investments. Peterson’s deception, self-dealing, and misappropriation breached the fiduciary duties he owed to Morgan Stanley’s funds as their representative.

    The May 3, 2012 final judgment against Peterson in the Commission’s civil action permanently enjoined him from future violations of Sections 206(1) and 206(2) of the Advisers Act and Sections 13(b)(5) and 30A of the Securities Exchange Act of 1934 (Exchange Act) and ordered him to pay nearly $250,000 in disgorgement. This judgment also ordered Peterson to relinquish his interest in valuable Shanghai real estate (currently valued at approximately $3.4 million) that he secretly acquired at a discount through his misconduct by relinquishing the asset to Marion Hecht ((571) 227-9613), the Receiver appointed by the Court over the asset. (Rel. IA-3501; File No. 3-15093)

    In the Matter of Michael J. Southworth

    The United States Securities and Exchange Commission announced the issuance of an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934, Making Findings, and Imposing Remedial Sanctions (Order) against Michael J. Southworth (Southworth). The Order finds that Southworth does not hold any securities licenses, and that on November 7, 2012, a judgment was entered by consent against Southworth, permanently enjoining him from future violations of Section 17(b) of the Securities Act of 1933 and Section 15(a) of the Exchange Act, in the civil action entitled Securities and Exchange Commission v. Michael J. Southworth and The Investors Registry, LLC, Civil Action Number 2:12-cv-02214-MEA (filed October 16, 2012), in the United States District Court for the District of Arizona. The Order further finds that the Commission’s complaint in the civil action alleged that, from at least December 2007 to approximately March 2011, in violation of Section 17(b) of the Securities Act, in exchange for cash and/or securities that he received from five issuers, Southworth published, gave publicity to, or circulated communications which, though not purporting to offer securities for sale, described securities, without fully disclosing the receipt of the consideration paid, including the amount thereof. The complaint also alleged that Southworth acted as an unregistered broker.

    Based on the above, the Order bars Southworth from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization with the right to apply for reentry after three (3) years to the appropriate self-regulatory organization, or if there is none, to the Commission. Southworth consented to the issuance of the Order without admitting or denying the findings in the Order, except he admitted to the entry of the injunction. (Rel. 34-68236; File No. 3-15094)

    INVESTMENT COMPANY ACT RELEASES

    Columbia ETF Trust, et al.

    A notice has been issued giving interested persons until December 10, 2012 to request a hearing on an application filed by Columbia ETF Trust, et al., for an order pursuant to Sections 6(c) and 17(b) of the Investment Company Act of 1940 (Act) for an exemption from Section 17(a) of the Act. The order would permit registered investment companies for which certain direct or indirect wholly owned subsidiaries of Ameriprise Financial, Inc. act as an investment adviser to engage in certain primary and secondary market principal transactions in fixed income instruments with Merrill Lynch, Pierce, Fenner and Smith Incorporated (MLPF&S) and Bank of America, N.A. (BANA), including an internal division of BANA as well as affiliates of MLPF&S and BANA. (Rel. IC-30260 – November 13)

    SELF-REGULATORY ORGANIZATIONS

    Immediate Effectiveness of Proposed Rule Changes

    A proposed rule change filed by The NASDAQ Stock Market LLC relating to routing fees (SR-NASDAQ-2012-125) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of November 12. (Rel. 34-68187)

    A proposed rule change filed by NASDAQ OMX BX, Inc. relating to routing fees

    (SR-BX-2012-071) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of November 12. (Rel. 34-68188)

    A proposed rule change filed by The NASDAQ Stock Market LLC (SR-NASDAQ-2012-126) to modify NASDAQ’S rebates for order execution and its fees for order entry ports through the introduction of new market quality incentive programs on a pilot basis has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of November 12. (Rel. 34-68209)

    A proposed rule change filed by New York Stock Exchange LLC extending the temporary suspension of those aspects of Rules 36.20 and 36.21 that would not permit Floor Brokers to use personal portable phone devices on the Trading Floor following the aftermath of Hurricane Sandy until the earlier of when phone service is fully restored or Friday, November 16, 2012 (SR-NYSE-2012-64) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of November 12. (Rel. 34-68211)

    A proposed rule change filed by NYSE MKT LLC extending the temporary suspension of those aspects of Rules 36.20 - Equities and 36.21 - Equities that would not permit Floor Brokers to use personal portable phone devices on the Trading Floor following the aftermath of Hurricane Sandy until the earlier of when phone service is fully restored or Friday, November 16, 2012 (SR-NYSEMKT-2012-66) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of November 12. (Rel. 34-68212)

    A proposed rule change filed by NASDAQ OMX PHLX LLC relating to routing fees (SR-Phlx-2012-129) has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of November 12. (Rel. 34-68213)

    A proposed rule change submitted by National Stock Exchange, Inc. (SR-NSX-2012-20) to amend its fee and rebate schedule has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of November 12. (Rel. 34-68215)

    A proposed rule change filed by NASDAQ OMX PHLX LLC relating to references in the Exchange’s pricing schedule with respect to non-electronic transactions (SR-Phlx-2012-125) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of November 12. (Rel. 34-68216)

    New York Stock Exchange LLC has filed with the Securities and Exchange Commission a proposed interim rule change (SR-NYSE-2012-66) pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 and Rule 19b-4 thereunder relating to Rule 440B(b). Publication is expected in the Federal Register during the week of November 12. (Rel. 34-68220)

    Proposed Rule Change

    NASADAQ OMX PHLX LLC filed a proposed rule change (SR-Phlx-2012-130) pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 relating to SQT and RSQT evaluations. Publication is expected in the Federal Register during the week of November 12. (Rel. 34-68217)

    SECURITIES ACT REGISTRATIONS

    The following registration statements have been filed with the SEC under the Securities Act of 1933. The reported information appears as follows: Form, Name, Address and Phone Number (if available) of the issuer of the security; Title and the number and/or face amount of the securities being offered; Name of the managing underwriter or depositor (if applicable); File number and date filed; Assigned Branch; and a designation if the statement is a New Issue.

    Registration statements may be viewed in person in the Commission's Public Reference Branch at 100 F Street, N.E., Washington, D.C. To obtain paper copies, please refer to information on the Commission's Web site at http://www.sec.gov/answers/publicdocs.htm. In most cases, you can view and download this information by using the search function located at http://www.sec.gov/edgar/searchedgar/companysearch.html.

    S-8     NEWLINK GENETICS CORP, 2503 SOUTH LOOP DRIVE, SUITE 5100, AMES, IA, 
            50010, 515-296-5555 - 823,649 ($10,616,835.61) Equity, 
            (File 333-184880 - Nov. 13) (BR. 01B)
    
    S-1     CAMP NINE, INC., 1065 KAWAIAHAO ST, STE 2207, HONOLULU, HI, 96814, 
            808-221-4661 - 5,000,000 ($20,000.00) Equity, (File 333-184881 - 
            Nov. 13) (BR. )
    
    S-3ASR  SOUTHWESTERN ENERGY CO, 2350 N. SAM HOUSTON PARKWAY EAST, SUITE 125, 
            HOUSTON, TX, 77032, 2816184700 - 
            0 ($0.00) Unallocated (Universal) Shelf, (File 333-184882 - Nov. 13) 
            (BR. 04A)
    
    S-4     SOUTHWESTERN ENERGY CO, 2350 N. SAM HOUSTON PARKWAY EAST, SUITE 125, 
            HOUSTON, TX, 77032, 2816184700 - 
            0 ($1,000,000,000.00) Non-Convertible Debt, (File 333-184883 - Nov. 13) 
            (BR. 04A)
    
    S-8     CLEARSIGN COMBUSTION CORP, 12870 INTERURBAN AVENUE SOUTH, SEATTLE, WA, 
            98168, (206) 673-4848 - 0 ($7,310.00) Debt, (File 333-184884 - Nov. 13) 
            (BR. 10A)
    
    S-8     SOUTHWESTERN ENERGY CO, 2350 N. SAM HOUSTON PARKWAY EAST, SUITE 125, 
            HOUSTON, TX, 77032, 2816184700 - 0 ($17,450,000.00) Equity, 
            (File 333-184885 - Nov. 13) (BR. 04A)
    
    S-8     JAMMIN JAVA CORP., 8200 WILSHIRE BLVD., SUITE 200, BEVERLY HILLS, CA, 
            90211, 323-556-0746 - 12,000,000 ($1,740,000.00) Equity, 
            (File 333-184886 - Nov. 13) (BR. 09A)
    
    S-3ASR  PIEDMONT NATURAL GAS CO INC, 4720 PIEDMONT ROW DR, CHARLOTTE, NC, 
            28210, 7043643120 - 0 ($68,625,000.00) Unallocated (Universal) Shelf, 
            (File 333-184895 - Nov. 13) (BR. 02A)
    
    S-8     Pactera Technology International Ltd., 3/F, BUILDING 8,, 
            ZHONGGUANCUN SOFTWARE PARK, HAIDIAN DISTRICT, BEIJING, F4, 100193, 
            86 (10) 8282-5266 - 0 ($71,422,858.41) ADRs/ADSs, (File 333-184896 - 
            Nov. 13) (BR. 03C)
    
    S-1     Priced In Corp., 6110 COXSWAIN CRESCENT TORONTO, ONTARIO, A6, L5V-2Z8, 
            418-263-8112 - 20,000,000 ($200,000.00) Equity, (File 333-184897 - 
            Nov. 13) (BR. )
    
    S-3     ENCISION INC, 4828 STERLING DR, BOULDER, CO, 80302, 3034442600 - 
            0 ($1,449,250.00) Equity, (File 333-184898 - Nov. 13) (BR. 10A)
    
    S-1     Arrayit Diagnostics, Inc., 1950 CINNAMON TEAL DR., REDMOND, OR, 97756, 
            916-599-3138 - 30,141,400 ($30,141,400.00) Equity, (File 333-184899 - 
            Nov. 13) (BR. )
    
    S-8     Liberty Media Corp, 12300 LIBERTY BOULEVARD, ENGLEWOOD, CO, 80112, 
            (720) 875-5400 - 0 ($654,120,000.00) Equity, (File 333-184900 - 
            Nov. 13) (BR. 11C)
    
    S-8     Liberty Interactive Corp, 12300 LIBERTY BOULEVARD, ENGLEWOOD, CO, 
            80112, 7208755400 - 0 ($100,950,000.00) Equity, (File 333-184901 - 
            Nov. 13) (BR. 11C)
    
    S-8     Liberty Interactive Corp, 12300 LIBERTY BOULEVARD, ENGLEWOOD, CO, 
            80112, 7208755400 - 0 ($403,800,000.00) Equity, (File 333-184902 - 
            Nov. 13) (BR. 11C)
    
    S-8     Liberty Interactive Corp, 12300 LIBERTY BOULEVARD, ENGLEWOOD, CO, 
            80112, 7208755400 - 0 ($113,860,000.00) Equity, (File 333-184903 - 
            Nov. 13) (BR. 11C)
    
    S-8     Liberty Interactive Corp, 12300 LIBERTY BOULEVARD, ENGLEWOOD, CO, 
            80112, 7208755400 - 0 ($1,211,400.00) Equity, (File 333-184904 - 
            Nov. 13) (BR. 11C)
    
    S-8     Liberty Interactive Corp, 12300 LIBERTY BOULEVARD, ENGLEWOOD, CO, 
            80112, 7208755400 - 0 ($2,277,200.00) Equity, (File 333-184905 - 
            Nov. 13) (BR. 11C)
    
    S-8     LA JOLLA PHARMACEUTICAL CO, 4370 LA JOLLA VILLAGE DR., SUITE 400, 
            SAN DIEGO, CA, 92122, 858-452-6600 - 0 ($36,179,621.00) Equity, 
            (File 333-184909 - Nov. 13) (BR. 01B)
    
    S-1     FIRST RATE STAFFING Corp, 2775 WEST THOMAS ROAD, SUITE 107, PHOENIX, 
            AZ, 85018, 602-442-5277 - 1,600,000 ($3,200,000.00) Equity, 
            (File 333-184910 - Nov. 13) (BR. 01B)
    
    S-1     American Retail Alliance Corp., 2979 WEST BAY DRIVE, SUITE 2, 
            BELLEAIR BLUFFS, FL, 33770, 727-581-1500 - 
            2,000,000 ($3,000,000.00) Equity, (File 333-184911 - Nov. 13) (BR. )
    
    S-3     DLH Holdings Corp., 1776 PEACHTREE STREET, N.W., ATLANTA, GA, 30309, 
            8669521647 - 0 ($4,792,887.00) Equity, (File 333-184912 - Nov. 13) 
            (BR. 11C)
    
    S-8     AMERICAN FINANCIAL GROUP INC, GREAT AMERICAN INSURANCE GROUP TOWER, 
            301 E. 4TH STREET, CINCINNATI, OH, 45202, 5135792121 - 
            100,000 ($3,824,500.00) Equity, (File 333-184913 - Nov. 13) (BR. 01B)
    
    S-8     AMERICAN FINANCIAL GROUP INC, GREAT AMERICAN INSURANCE GROUP TOWER, 
            301 E. 4TH STREET, CINCINNATI, OH, 45202, 5135792121 - 
            2,500,000 ($95,612,500.00) Equity, (File 333-184914 - Nov. 13) (BR. 01B)
    
    S-8     AMERICAN FINANCIAL GROUP INC, GREAT AMERICAN INSURANCE GROUP TOWER, 
            301 E. 4TH STREET, CINCINNATI, OH, 45202, 5135792121 - 
            500,000 ($19,122,500.00) Equity, (File 333-184915 - Nov. 13) (BR. 01B)
    
    S-8     CRA INTERNATIONAL, INC., 200 CLARENDON STREET, T-33, BOSTON, MA, 02116, 
            6174253000 - 0 ($28,118,000.00) Equity, (File 333-184916 - Nov. 13) 
            (BR. 11A)
    
    S-4     UNIT CORP, 1000 KENSINGTON TOWER, 7130 SO LEWIS STE 1000, TULSA, OK, 
            74136, 9184937700 - 0 ($400,000,000.00) Non-Convertible Debt, 
            (File 333-184917 - Nov. 13) (BR. 04A)
    
    S-3     CARROLS RESTAURANT GROUP, INC., 968 JAMES STREET, SYRACUSE, NY, 13203, 
            315-424-0513 - 4,085,109 ($26,798,315.04) Equity, (File 333-184919 - 
            Nov. 13) (BR. 05A)
    
    S-8     MERRILL LYNCH & CO., INC., 4 WORLD FINANCIAL CTR, NEW YORK, NY, 10080, 
            2124491000 - 0 ($200,000,000.00) Non-Convertible Debt, 
            (File 333-184920 - Nov. 13) (BR. 12A)
    
    S-3     Apollo Residential Mortgage, Inc., C/O APOLLO GLOBAL MANAGEMENT, LLC, 
            9 WEST 57TH STREET, 43RD FLOOR, NEW YORK, NY, 10019, 2125153200 - 
            0 ($43,000,000.00) Equity, (File 333-184921 - Nov. 13) (BR. 08B)
    
    S-1     XTREME HEALTHCARE Corp, 4438 VANDEVER AVENUE, SAN DIEGO, CA, 92120, 
            619-822-2674 - 3,000,000 ($15,000,000.00) Equity, (File 333-184922 - 
            Nov. 13) (BR. 09)
    
    S-8     INTERMUNE INC, 3280 BAYSHORE, BLVD, BRISBANE, CA, 94005, 415 466 2200 - 
            2,670,094 ($25,632,902.40) Equity, (File 333-184923 - Nov. 13) (BR. 01A)
    
    S-4     OLD LINE BANCSHARES INC, 1525 POINTER RIDGE PLACE, BOWIE, MD, 20716, 
            3014302544 - 2,963,653 ($28,881,149.00) Equity, (File 333-184924 - 
            Nov. 13) (BR. 07B)
    
    S-8     OPTIMER PHARMACEUTICALS INC, 101 HUDSON STREET, SUITE 3501, 
            JERSEY CITY, NJ, 07302, (201) 333-8819 - 0 ($2,736,000.00) Equity, 
            (File 333-184925 - Nov. 13) (BR. 01B)
    
    S-8     PETROQUEST ENERGY INC, 400 E KALISTE SALOOM RD SUITE 6000, LAFAYETTE, 
            LA, 70508, 3372327028 - 6,000,000 ($32,100,000.00) Equity, 
            (File 333-184926 - Nov. 13) (BR. 04A)
    
    S-8     NeoStem, Inc., 420 LEXINGTON AVENUE, SUITE 450, NEW YORK, NY, 10170, 
            212-584-4171 - 15,200,000 ($5,937,500.00) Equity, (File 333-184927 - 
            Nov. 13) (BR. 09B)

    RECENT 8K FILINGS

    Form 8-K is used by companies to file current reports on the following events:

    1.01

    Entry into a Material Definitive Agreement

    1.02

    Termination of a Material Definitive Agreement

    1.03

    Bankruptcy or Receivership

    2.01

    Completion of Acquisition or Disposition of Assets

    2.02

    Results of Operations and Financial Condition

    2.03

    Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant

    2.04

    Triggering Events That Accelerate or Increase a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement

    2.05

    Cost Associated with Exit or Disposal Activities

    2.06

    Material Impairments

    3.01

    Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing

    3.02

    Unregistered Sales of Equity Securities

    3.03

    Material Modifications to Rights of Security Holders

    4.01

    Changes in Registrant's Certifying Accountant

    4.02

    Non-Reliance on Previously Issued Financial Statements or a Related Audit Report or Completed Interim Review

    5.01

    Changes in Control of Registrant

    5.02

    Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officer

    5.03

    Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year

    5.04

    Temporary Suspension of Trading Under Registrant's Employee Benefit Plans

    5.05

    Amendments to the Registrant's Code of Ethics, or Waiver of a Provision of the Code of Ethics

    5.06

    Change in Shell Company Status

    6.01

    ABS Informational and Computational Material.

    6.02

    Change of Servicer or Trustee.

    6.03

    Change in Credit Enhancement or Other External Support.

    6.04

    Failure to Make a Required Distribution.

    6.05

    Securities Act Updating Disclosure.

    7.01

    Regulation FD Disclosure

    8.01

    Other Events

    9.01

    Financial Statements and Exhibits

    8-K reports may be viewed in person in the Commission's Public Reference Branch at 100 F Street, N.E., Washington, D.C. To obtain paper copies, please refer to information on the Commission's Web site at http://www.sec.gov/answers/publicdocs.htm. In most cases, you can view and download this information by using the search function located at http://www.sec.gov/edgar/searchedgar/companysearch.html.

                                            STATE
    NAME OF ISSUER                          CODE     8K ITEM NO.          DATE        COMMENT
    
    -----------------------------------------------------------------------------------------
    
    22nd Century Group, Inc.                NV       1.01,3.02,9.01       11/09/12
    
    30DC, INC.                              MD       7.01,9.01            11/07/12
    
    30DC, INC.                              MD       3.02,5.02,8.01,9.01  10/11/12
    
    ABAXIS INC                              CA       5.07,8.01            11/08/12
    
    ABIOMED INC                             DE       8.01,9.01            11/13/12
    
    ABRAXAS PETROLEUM CORP                  NV       7.01,9.01            11/09/12
    
    ABRAXAS PETROLEUM CORP                  NV       7.01,9.01            11/13/12
    
    ACACIA RESEARCH CORP                    DE       8.01                 11/07/12
    
    AccelPath, Inc.                         DE       9.01                 09/18/12    AMEND
    
    ACE Ltd                                 V8       1.01,1.02,2.03       11/06/12
    
    ADCARE HEALTH SYSTEMS INC               OH       2.02,9.01            11/13/12
    
    ADMA BIOLOGICS, INC.                    DE       2.02,9.01            11/13/12
    
    ADVANCED PHOTONIX INC                   DE       2.02,7.01,9.01       11/13/12
    
    AECOM TECHNOLOGY CORP                   DE       2.02,9.01            11/13/12
    
    AEROCENTURY CORP                        DE       2.02                 11/12/12
    
    AeroGrow International, Inc.            NV       2.02,7.01,9.01       11/12/12
    
    AETNA INC /PA/                          PA       1.01,8.01,9.01       11/12/12
    
    AETNA INC /PA/                          PA       7.01                 11/13/12
    
    Affinity Gaming, LLC                    NV       2.02,9.01            11/13/12
    
    AG Mortgage Investment Trust, Inc.      MD       5.05,9.01            11/09/12
    
    AGY Holding Corp.                       DE       2.02,9.01            11/13/12
    
    Air Transport Services Group, Inc.      DE       2.02,9.01            11/13/12
    
    AK STEEL HOLDING CORP                   DE       2.02,7.01,8.01,9.01  11/13/12
    
    AK STEEL HOLDING CORP                   DE       1.01,8.01,9.01       11/12/12
    
    ALLIANCE DATA SYSTEMS CORP              DE       7.01,9.01            11/13/12
    
    ALLIANCEBERNSTEIN HOLDING L.P.          DE       7.01,9.01            11/12/12
    
    ALLIANCEBERNSTEIN L.P.                  DE       7.01,9.01            11/12/12
    
    Allied World Assurance Co Holdings, A            7.01,9.01            11/13/12
    
    ALNYLAM PHARMACEUTICALS, INC.                    1.01,1.02,7.01,9.01  11/12/12
    
    Alpha Natural Resources, Inc.           DE       7.01,9.01            11/13/12
    
    Alta Mesa Holdings, LP                  TX       2.02,9.01            11/13/12
    
    ALTRIA GROUP, INC.                      VA       7.01,9.01            11/13/12
    
    AMERICAN APPAREL, INC                   DE       2.02,9.01            11/13/12
    
    American Casino & Entertainment Prope   DE       2.02,9.01            11/13/12
    
    AMERICAN ELECTRIC POWER CO INC          NY       7.01,9.01            11/12/12
    
    American Electric Technologies Inc      FL       5.02,9.01            11/06/12
    
    AMERICAN EXPRESS CO                     NY       8.01,9.01            11/13/12
    
    AMERICAN LEARNING Corp                  NY       2.02,9.01            11/12/12
    
    AMERICAN MEDIA INC                      DE       2.02,9.01            11/13/12
    
    AMERICAN SPECTRUM REALTY INC            MD       5.07                 11/08/12
    
    AmREIT, Inc.                            MD       1.01                 11/08/12
    
    AmREIT, Inc.                            MD       7.01,9.01            11/13/12
    
    ANCHOR BANCORP WISCONSIN INC            WI       2.02,9.01            11/08/12
    
    ANNALY CAPITAL MANAGEMENT INC           MD       8.01,9.01            11/12/12
    
    Antero Resources LLC                    DE       7.01                 11/08/12
    
    Anthera Pharmaceuticals Inc             DE       8.01,9.01            11/13/12
    
    ANTS SOFTWARE INC                       DE       5.02                 11/12/12
    
    ANTS SOFTWARE INC                       DE       5.02                 11/13/12
    
    Aon plc                                 X0       8.01,9.01            11/13/12
    
    Apollo Global Management LLC            DE       7.01,9.01            11/13/12
    
    Apollo Global Management LLC            DE       7.01,9.01            11/13/12
    
    APRICUS BIOSCIENCES, INC.               NV       5.02                 11/06/12
    
    APRICUS BIOSCIENCES, INC.               NV       1.01                 11/07/12
    
    ARCH CAPITAL GROUP LTD.                          5.02,8.01            11/07/12
    
    ARCH COAL INC                           DE       7.01,9.01            11/13/12
    
    ARES CAPITAL CORP                       MD       2.03,3.02            11/13/12
    
    ARI NETWORK SERVICES INC /WI            WI       1.01,8.01,9.01       11/07/12
    
    AROTECH CORP                            DE       2.02,9.01            11/07/12
    
    ARTHROCARE CORP                         DE       7.01                 11/08/12
    
    Artio Global Investors Inc.             DE       7.01,9.01            11/13/12
    
    ASHFORD HOSPITALITY TRUST INC           MD       7.01,9.01            11/13/12
    
    ASHFORD HOSPITALITY TRUST INC           MD       7.01,9.01            11/13/12
    
    AspenBio Pharma, Inc.                   CO       8.01,9.01            11/13/12
    
    ASSOCIATED BANC-CORP                    WI       7.01,8.01,9.01       11/13/12
    
    ASTORIA FINANCIAL CORP                  DE       8.01,9.01            11/13/12
    
    Atlas Financial Holdings, Inc.          E9       2.02,9.01            11/12/12
    
    ATRION CORP                             DE       8.01,9.01            11/13/12
    
    AUTOBYTEL INC                           DE       2.02,9.01            11/08/12
    
    AUTOINFO INC                            DE       5.07                 11/09/12
    
    AUTOMATIC DATA PROCESSING INC           DE       5.02,9.01            11/12/12
    
    AUTOZONE INC                            NV       2.03,9.01            11/13/12
    
    Avantair, Inc                           DE       2.02,9.01            11/13/12
    
    AVIS BUDGET GROUP, INC.                 DE       1.01,2.03,8.01,9.01  11/09/12
    
    AVIV REIT, INC.                         MD       2.02,9.01            11/13/12
    
    BankUnited, Inc.                        DE       7.01,9.01            11/13/12
    
    BEAZER HOMES USA INC                    DE       2.02,5.02,7.01,8.01, 11/12/12
                                                     9.01
              
    BENACO, INC.                            NV       1.01,2.01,3.02,4.01, 11/12/12
                                                     5.01,5.02,9.01
    
    BERKELEY COFFEE & TEA, INC.             NV       8.01                 11/08/12
    
    BEST BUY CO INC                         MN       7.01,9.01            11/13/12
    
    BG Medicine, Inc.                       DE       2.02,2.05,8.01,9.01  11/08/12
    
    Bidz.com, Inc.                          CA       8.01,9.01            11/12/12
    
    Bio-Matrix Scientific Group, Inc.       DE       8.01                 11/12/12
    
    BioDrain Medical, Inc.                  MN       1.01,2.03,3.02,9.01  11/06/12
    
    BIOSPECIFICS TECHNOLOGIES CORP          DE       7.01,9.01            11/12/12
    
    BIRNER DENTAL MANAGEMENT SERVICES INC   CO       2.02,9.01            11/13/12
    
    Black Elk Energy Offshore Operations,   TX       5.02                 11/07/12
    
    BLUE DOLPHIN ENERGY CO                  DE       1.01,9.01            11/12/12
    
    BLUE DOLPHIN ENERGY CO                  DE       5.02,9.01            11/13/12
    
    BMC SOFTWARE INC                        DE       5.02                 11/09/12
    
    Boston Therapeutics, Inc.               DE       5.02,9.01            11/08/12
    
    Brekford Corp.                          DE       2.02,9.01            11/09/12
    
    BRINKS CO                               VA       7.01,9.01            11/12/12
    
    Brownie's Marine Group, Inc             NV       3.02,5.02            11/02/12
    
    Burlington Coat Factory Investments H            5.02                 11/06/12
    
    CAMAC Energy Inc.                       DE       2.02,9.01            11/09/12
    
    CANTEL MEDICAL CORP                     DE       7.01,9.01            11/13/12
    
    CANTERBURY PARK HOLDING CORP            MN       2.02,9.01            11/12/12
    
    CAPITAL ONE FINANCIAL CORP              DE       7.01                 11/13/12
    
    CARDTRONICS INC                         DE       5.02                 11/13/12
    
    CAREER EDUCATION CORP                   DE       5.02,9.01            11/13/12
    
    Cavitation Technologies, Inc.                    5.02                 11/12/12
    
    CBRE GROUP, INC.                        DE       5.02                 11/08/12
    
    CDI CORP                                PA       7.01                 11/13/12
    
    Celanese Corp                           DE       1.01,7.01,8.01,9.01  11/07/12
    
    Celsion CORP                            DE       2.02,9.01            11/12/12
    
    CENTRAL EUROPEAN DISTRIBUTION CORP      DE       4.02,9.01            11/10/12
    
    CENTRUE FINANCIAL CORP                  DE       2.02,9.01            11/13/12
    
    CHEESECAKE FACTORY INC                  DE       5.02                 11/12/12
    
    CHEMBIO DIAGNOSTICS, INC.               NV       7.01,9.01            09/30/12
    
    Chemtura CORP                           DE       1.01,9.01            11/09/12
    
    CHESAPEAKE ENERGY CORP                  OK       2.03,7.01,9.01       11/07/12
    
    CHINA FUND INC                          MD       7.01,9.01            09/30/12
    
    CHYRON CORP                             NY       3.01                 11/07/12
    
    CINCINNATI BELL INC                     OH       8.01,9.01            11/13/12
    
    Cinedigm Digital Cinema Corp.           DE       2.02,9.01            11/13/12
    
    CISCO SYSTEMS, INC.                     CA       2.02                 11/13/12
    
    Citadel EFT, Inc.                       NV       5.03,9.01            11/13/12
    
    CITY NATIONAL CORP                      DE       3.03,5.03,8.01,9.01  11/13/12
    
    CLAIRES STORES INC                      DE       2.02,9.01            11/12/12
    
    Clean Energy Fuels Corp.                DE       1.01,2.03,3.02,9.01  11/07/12
    
    Clovis Oncology, Inc.                   DE       7.01,9.01            11/12/12
    
    CNS RESPONSE, INC.                      DE       9.01                 11/05/12    AMEND
    
    COACH INC                               MD       5.07                 11/07/12
    
    COLE CORPORATE INCOME TRUST, INC.       MD       1.01,2.01,8.01,9.01  11/08/12
    
    Cole Credit Property Trust III, Inc.    MD       5.03,8.01,9.01       07/25/12
    
    Cole Credit Property Trust Inc          MD       5.03,9.01            11/09/12
    
    COLE CREDIT PROPERTY TRUST IV, INC.     MD       8.01                 11/09/12
    
    COLE REAL ESTATE INCOME STRATEGY (DAI   MD       8.01                 11/07/12
    
    COMERICA INC /NEW/                      DE       7.01,9.01            11/13/12
    
    COMFORT SYSTEMS USA INC                          7.01,9.01            11/13/12
    
    COMM 2012-CCRE4 Mortgage Trust          DE       8.01,9.01            11/13/12
    
    Community Choice Financial Inc.                  2.02,9.01            11/13/12
    
    COMMUNITY FINANCIAL CORP /VA/           VA       2.02,9.01            11/13/12
    
    CONOLOG CORP                            DE       8.01                 11/13/12
    
    CONSOLIDATED WATER CO LTD               E6       2.02,9.01            11/09/12
    
    CORNERSTONE THERAPEUTICS INC            DE       1.01,9.01            11/06/12
    
    COVENTRY HEALTH CARE INC                DE       1.01,8.01,9.01       11/12/12
    
    CPS TECHNOLOGIES CORP/DE/               DE       2.02                 09/29/12
    
    CreXus Investment Corp.                 MD       8.01,9.01            11/09/12
    
    CROWN CRAFTS INC                        DE       2.02,9.01            11/13/12
    
    CROWN DYNAMICS CORP                     DE       4.01,5.03,8.01,9.01  11/13/12
    
    CTI INDUSTRIES CORP                     DE       2.02,9.01            11/12/12
    
    CTPARTNERS EXECUTIVE SEARCH INC.        DE       2.02,9.01            11/12/12
    
    CUMBERLAND PHARMACEUTICALS INC                   8.01                 11/12/12
    
    CVB FINANCIAL CORP                      CA       5.02,9.01            11/08/12
    
    CVR PARTNERS, LP                        DE       7.01,9.01            11/13/12
    
    Cyclacel Pharmaceuticals, Inc.          DE       2.02,9.01            11/12/12
    
    Deep Down, Inc.                         NV       2.02,9.01            11/13/12
    
    DELCATH SYSTEMS INC                     DE       7.01,9.01            11/07/12
    
    Delek US Holdings, Inc.                          7.01,9.01            11/13/12
    
    Delta Tucker Holdings, Inc.             DE       2.02,9.01            11/13/12
    
    DELUXE CORP                             MN       1.01,8.01,9.01       11/09/12
    
    DENBURY RESOURCES INC                   DE       7.01                 11/09/12
    
    Dialogic Inc.                           DE       1.01,9.01            11/06/12
    
    Dialogic Inc.                           DE       2.02,9.01            11/13/12
    
    DiamondRock Hospitality Co                       7.01,8.01,9.01       11/13/12
    
    DICKS SPORTING GOODS INC                DE       2.02,8.01,9.01       11/07/12
    
    Digital Development Group Corp          NV       1.01,9.01            11/06/12
    
    DIODES INC /DEL/                        DE       2.02,7.01,9.01       11/08/12
    
    Discover Card Execution Note Trust      DE       1.01,9.01            11/09/12
    
    Discover Financial Services             DE       7.01,9.01            11/13/12
    
    Discovery Communications, Inc.          DE       5.02                 11/13/12
    
    Discovery Communications, Inc.          DE       8.01,9.01            11/13/12
    
    DOVER SADDLERY INC                               2.02,9.01            11/13/12
    
    DREW INDUSTRIES INC                     DE       2.02,7.01,9.01       11/01/12
    
    DREW INDUSTRIES INC                     DE       8.01,9.01            11/09/12
    
    Duke Energy CORP                        DE       9.01                 11/13/12
    
    DUKE REALTY CORP                        IN       7.01,9.01            11/13/12
    
    DUNKIN' BRANDS GROUP, INC.              DE       5.02                 11/13/12
    
    DynaVox Inc.                                     2.02,9.01            11/13/12
    
    E-Debit Global Corp.                    CO       8.01,9.01            11/13/12
    
    Eagle Bulk Shipping Inc.                         2.02,8.01,9.01       11/08/12
    
    EAGLE ROCK ENERGY PARTNERS L P          DE       7.01,9.01            11/13/12
    
    EASTMAN KODAK CO                        NJ       7.01,8.01,9.01       11/12/12
    
    EASTON-BELL SPORTS, INC.                DE       2.02,9.01            11/13/12
    
    ECOLAB INC                              DE       8.01                 11/09/12
    
    Edgen Group Inc.                        DE       7.01,9.01            11/13/12
    
    EINSTEIN NOAH RESTAURANT GROUP INC      DE       2.02,8.01,9.01       11/12/12
    
    Electromed, Inc.                                 2.02,9.01            11/13/12
    
    EMERSON RADIO CORP                      DE       5.07                 11/07/12
    
    EMISPHERE TECHNOLOGIES INC              DE       2.02,9.01            11/13/12
    
    Empeiria Acquisition Corp               DE       7.01,9.01            11/13/12
    
    Emrise CORP                             DE       1.01,2.03,9.01       11/06/12
    
    ENERGIZER HOLDINGS INC                  MO       7.01,9.01            11/13/12
    
    Energy Transfer Equity, L.P.            DE       7.01                 11/13/12
    
    Energy Transfer Partners, L.P.          DE       7.01                 11/13/12
    
    Engility Holdings, Inc.                 DE       2.02,9.01            11/13/12
    
    Enphase Energy, Inc.                    DE       1.01,1.02,2.03,9.01  11/07/12
    
    EnteroMedics Inc                                 7.01,9.01            11/07/12
    
    Entertainment Gaming Asia Inc.          NV       2.02,9.01            11/13/12
    
    EnviroStar, Inc.                        DE       1.01,2.02,5.07,8.01, 11/09/12
                                                     9.01
              
    EPICEPT CORP                                     1.01,3.02,9.01       11/07/12
    
    EPOCH HOLDING CORP                      DE       8.01,9.01            11/12/12
    
    EPR PROPERTIES                          MD       5.03,7.01            11/12/12
    
    EQUIFAX INC                             GA       5.03,9.01            11/08/12
    
    EQUITY LIFESTYLE PROPERTIES INC         MD       2.02,7.01,9.01       11/13/12
    
    EQUITY ONE, INC.                                 7.01,9.01            11/13/12
    
    ESCO TECHNOLOGIES INC                   MO       2.02,5.02,9.01       11/08/12
    
    ESTEE LAUDER COMPANIES INC              DE       5.03,5.07,9.01       11/09/12
    
    EV Energy Partners, LP                  DE       7.01,9.01            11/08/12
    
    EverBank Financial Corp                 DE       8.01,9.01            11/12/12
    
    EverBank Financial Corp                 DE       7.01,9.01            11/13/12
    
    EVERTEC Group, LLC                      PR       2.02,9.01            11/13/12
    
    EVOLVING SYSTEMS INC                    DE       2.02                 11/13/12
    
    FactorShares 2X: Gold Bull/S&P500 Bea            4.01,9.01            11/07/12
    
    FactorShares 2X: Oil Bull/S&P500 Bear            4.01,9.01            11/07/12
    
    FactorShares 2X: S&P500 Bull/TBond Be            4.01,9.01            11/07/12
    
    FactorShares 2X: S&P500 Bull/USD Bear            3.01                 10/25/12
    
    FactorShares 2X: S&P500 Bull/USD Bear            4.01,9.01            11/07/12
    
    FactorShares 2X: TBond Bull/S&P500 Be            3.01                 10/25/12
    
    FactorShares 2X: TBond Bull/S&P500 Be            4.01,9.01            11/07/12
    
    FAIRPOINT COMMUNICATIONS INC            DE       1.01,9.01            11/13/12
    
    Federal Home Loan Bank of Atlanta       X1       2.03                 11/07/12
    
    Federal Home Loan Bank of Boston        X1       2.03                 11/07/12
    
    Federal Home Loan Bank of Chicago       X1       2.03                 11/08/12
    
    Federal Home Loan Bank of New York      X1       2.03,9.01            11/07/12
    
    Federal Home Loan Bank of Pittsburgh    PA       2.03,9.01            11/07/12
    
    Federal Home Loan Bank of San Francis   X1       2.03                 11/07/12
    
    FERRO CORP                              OH       5.02,9.01            11/12/12
    
    Fiesta Restaurant Group, Inc.           DE       2.02,9.01            11/13/12
    
    First Advantage Bancorp                          2.02,9.01            11/09/12
    
    First American Financial Corp           DE       5.02,9.01            11/06/12
    
    FIRST MARINER BANCORP                   MD       1.02,8.01,9.01       11/08/12
    
    FIRST NIAGARA FINANCIAL GROUP INC       DE       7.01,9.01            11/13/12
    
    FIRST POTOMAC REALTY TRUST              MD       7.01                 11/13/12
    
    FIRST RATE STAFFING Corp                         2.01,3.02,5.06,9.01  11/09/12
    
    FIRST UNITED CORP/MD/                   MD       2.02,9.01            11/09/12
    
    FNBH BANCORP INC                        MI       1.01,2.03,3.02       11/06/12
    
    Forbes Energy Services Ltd.             D0       2.02,8.01,9.01       11/12/12
    
    FOREST CITY ENTERPRISES INC             OH       7.01,9.01            11/13/12
    
    Fortegra Financial Corp                 DE       2.02                 11/12/12
    
    Fortress International Group, Inc.      DE       2.02,9.01            11/13/12
    
    FOSSIL INC                              DE       5.02,9.01            11/08/12
    
    FOSTER WHEELER AG                       V8       5.02,9.01            11/08/12
    
    Fraternity Community Bancorp Inc                 2.02,9.01            11/09/12
    
    FTI CONSULTING INC                      MD       7.01,9.01            11/08/12
    
    FTI CONSULTING INC                      MD       8.01,9.01            11/09/12
    
    GALECTIN THERAPEUTICS INC               NV       7.01,9.01            11/12/12
    
    Galena Biopharma, Inc.                           2.02,9.01            11/13/12
    
    GAMCO INVESTORS, INC. ET AL             NY       8.01                 11/13/12
    
    General Finance CORP                    DE       8.01,9.01            11/12/12
    
    General Finance CORP                    DE       8.01,9.01            11/12/12
    
    General Growth Properties, Inc.         DE       7.01,9.01            11/13/12
    
    Genie Energy Ltd.                       DE       2.02,9.01            11/13/12
    
    GENSPERA INC                            DE       8.01                 11/09/12
    
    GENTHERM Inc                            MI       1.01,9.01            11/09/12
    
    GEOKINETICS INC                         DE       5.02,7.01,9.01       11/06/12
    
    GeoMet, Inc.                            DE       2.02,9.01            11/13/12
    
    GILEAD SCIENCES INC                     DE       7.01                 11/12/12
    
    GLADSTONE CAPITAL CORP                  MD       2.02,9.01            11/12/12
    
    GLOBAL CASINOS INC                      UT       2.03,9.01            11/09/12
    
    GLOBAL PARTNERS LP                               8.01,9.01            11/13/12
    
    GLOBALSCAPE INC                         DE       2.02,9.01            11/13/12
    
    Globalstar, Inc.                        DE       7.01,9.01            11/13/12
    
    GOLD RESOURCE CORP                      CO       1.01,5.02,7.01,9.01  11/02/12
    
    GOLDFIELD CORP                          DE       2.02,9.01            11/13/12
    
    GRAFTECH INTERNATIONAL LTD              DE       8.01,9.01            11/13/12
    
    GRAMERCY CAPITAL CORP                   MD       2.02,7.01,9.01       11/13/12
    
    GRAPHON CORP/DE                         DE       5.07                 11/09/12
    
    Great Lakes Dredge & Dock CORP          DE       7.01,9.01            11/13/12
    
    Greektown Superholdings, Inc.           DE       2.02,9.01            11/13/12
    
    GREENBRIER COMPANIES INC                OR       8.01,9.01            11/13/12
    
    GreenHunter Energy, Inc.                DE       3.02                 11/12/12
    
    GRIFFON CORP                            DE       2.02,9.01            11/13/12
    
    GUITAR CENTER HOLDINGS, INC.            DE       5.02                 11/07/12
    
    GXS Worldwide, Inc.                     DE       2.02,9.01            11/13/12
    
    HEALTH NET INC                          DE       7.01                 11/13/12
    
    HEALTHSOUTH CORP                        DE       7.01,9.01            11/13/12
    
    Heelys, Inc.                            DE       2.02,9.01            11/13/12
    
    HELIX ENERGY SOLUTIONS GROUP INC        MN       7.01,9.01            11/12/12
    
    HESKA CORP                              DE       2.02,9.01            09/30/12
    
    Hi-Crush Partners LP                    de       1.02                 11/13/12
    
    Hi-Crush Partners LP                    de       2.02,9.01            11/13/12
    
    Highpower International, Inc.           DE       2.02,7.01,9.01       11/13/12
    
    Hilltop Holdings Inc.                   MD       8.01,9.01            11/13/12
    
    HOLOGIC INC                             DE       2.02,5.02,9.01       11/06/12
    
    HOME DEPOT INC                          DE       2.02,9.01            11/13/12
    
    HOME PROPERTIES INC                     MD       5.02                 11/08/12
    
    HORIZON PHARMA, INC.                    DE       2.02,9.01            11/13/12
    
    HORTON D R INC /DE/                     DE       2.02,9.01            11/12/12
    
    HOSPIRA INC                             DE       8.01                 11/08/12
    
    HOST HOTELS & RESORTS, INC.             MD       7.01,9.01            11/12/12
    
    ICAHN ENTERPRISES HOLDINGS L.P.         DE       1.01,2.01,2.03,5.02, 03/16/12
                                                     9.01
              
    ICEWEB INC                              DE       1.01,7.01,9.01       11/09/12
    
    Iconic Brands, Inc.                     NV       4.01,9.01            11/07/12    AMEND
    
    IGI LABORATORIES, INC                   DE       2.02,9.01            11/13/12
    
    IMATION CORP                            DE       5.02,9.01            11/06/12
    
    INDEPENDENT BANK CORP                   MA       2.01,2.03,5.02,9.01  11/13/12
    
    Inland American Real Estate Trust, In   MD       7.01,9.01            11/13/12
    
    INLAND REAL ESTATE CORP                 MD       7.01,9.01            11/13/12
    
    Inland Real Estate Income Trust, Inc.   MD       1.01,2.01,2.03,9.01  11/06/12
    
    INNODATA INC                            DE       5.02,9.01            11/08/12
    
    INNOTRAC CORP                           GA       2.02,9.01            11/13/12
    
    INSMED INC                              VA       8.01,9.01            11/13/12
    
    INSTEEL INDUSTRIES INC                  NC       8.01,9.01            11/13/12
    
    INTEGRA LIFESCIENCES HOLDINGS CORP      DE       7.01,9.01            11/13/12
    
    Intellicheck Mobilisa, Inc.             DE       5.02,9.01            11/13/12
    
    INTERLINE BRANDS, INC./DE               DE       2.02,9.01            11/13/12
    
    Intermec, Inc.                          DE       5.03,9.01            11/12/12
    
    INTERNATIONAL PAPER CO /NEW/            NY       5.02                 11/09/12
    
    INTERNATIONAL SHIPHOLDING CORP          DE       8.01,9.01            11/13/12
    
    INTERSECTIONS INC                       DE       2.02,7.01,9.01       11/08/12
    
    INTRUSION INC                           DE       2.02,9.01            11/12/12
    
    Invesco Ltd.                            D0       7.01,9.01            11/12/12
    
    IRIDEX CORP                             DE       5.02                 11/06/12
    
    iSatori, Inc.                           DE       2.02,9.01            11/09/12
    
    ISTAR FINANCIAL INC                     MD       1.01,9.01            11/07/12
    
    ITC Holdings Corp.                      MI       7.01,9.01            11/13/12
    
    J2 GLOBAL, INC.                         DE       1.01,2.01,3.02,7.01, 11/09/12
                                                     9.01
              
    JACOBS ENGINEERING GROUP INC /DE/       DE       2.02,9.01            11/12/12
    
    Jazz Pharmaceuticals plc                L2       8.01                 11/13/12
    
    JEFFERIES GROUP INC /DE/                DE       1.01,3.03,5.01,5.02, 11/11/12
                                                     8.01,9.01
         
    KATY INDUSTRIES INC                     DE       2.02,9.01            11/12/12
    
    KINGSTONE COMPANIES, INC.               DE       2.02,9.01            11/07/12
    
    Kips Bay Medical, Inc.                  DE       2.02,9.01            11/13/12
    
    KITE REALTY GROUP TRUST                 MD       5.02,9.01            11/07/12
    
    KITE REALTY GROUP TRUST                 MD       7.01,9.01            11/13/12
    
    KLA TENCOR CORP                         DE       5.03,5.07,8.01,9.01  11/07/12
    
    KYTHERA BIOPHARMACEUTICALS INC          DE       2.02,9.01            11/13/12
    
    Landmark Apartment Trust of America,             9.01                 08/28/12    AMEND
    
    Latitude Solutions, Inc.                NV       1.03,5.02            11/09/12
    
    LEE ENTERPRISES, INC                    DE       2.02,9.01            11/12/12
    
    LEUCADIA NATIONAL CORP                  NY       1.01,5.02,7.01,9.01  11/11/12
    
    LGL GROUP INC                           DE       2.02,7.01,9.01       11/12/12
    
    LGL GROUP INC                           DE       7.01,9.01            11/13/12
    
    Liberty Global, Inc.                    DE       7.01                 11/12/12
    
    Lincolnway Energy, LLC                  IA       5.02                 11/09/12
    
    LML PAYMENT SYSTEMS INC                 A1       2.02,7.01,9.01       11/09/12
    
    LOCAL Corp                              DE       7.01,9.01            11/09/12
    
    LOJACK CORP                             MA       7.01,9.01            11/13/12
    
    Lone Pine Resources Inc.                DE       1.01,2.02,7.01,9.01  11/13/12
    
    LOOKSMART LTD                           DE       2.02,9.01            11/13/12
    
    LORILLARD, INC.                         DE       7.01,9.01            11/13/12
    
    LPL Financial Holdings Inc.             DE       8.01                 11/13/12
    
    Lumos Networks Corp.                    VA       5.02                 11/13/12
    
    M&F BANCORP INC /NC/                    NC       2.02,9.01            11/13/12
    
    M/A-COM Technology Solutions Holdings   DE       2.02,9.01            11/13/12
    
    MACK CALI REALTY CORP                   MD       7.01,9.01            11/13/12
    
    MACROSOLVE INC                          OK       2.02,9.01            11/13/12
    
    Madison Bancorp Inc                     MD       2.02,9.01            11/08/12
    
    MAGNUM HUNTER RESOURCES CORP            DE       2.02,7.01,9.01       11/13/12
    
    Manhattan Bancorp                       CA       1.01,9.01            11/09/12
    
    Manhattan Bancorp                       CA       9.01                 11/09/12    AMEND
    
    MARKWEST ENERGY PARTNERS L P                     7.01,9.01            11/12/12
    
    MARTIN MIDSTREAM PARTNERS LP            DE       5.02                 11/13/12
    
    MARTIN MIDSTREAM PARTNERS LP            DE       8.01,9.01            11/13/12    AMEND
    
    Matador Resources Co                    TX       2.02,7.01,9.01       11/12/12
    
    MATERION Corp                                    7.01,9.01            11/13/12
    
    McEwen Mining Inc.                      CO       1.01                 11/12/12
    
    McEwen Mining Inc.                      CO       7.01,9.01            11/12/12
    
    Mead Johnson Nutrition Co               DE       7.01,9.01            11/13/12
    
    MERCADOLIBRE INC                                 8.01                 11/13/12
    
    MERCURY COMPUTER SYSTEMS INC            MA       5.03,7.01,9.01       11/12/12
    
    MEREDITH CORP                           IA       5.02,5.07,7.01,8.01, 11/07/12
                                                     9.01
              
    MERIDIAN BIOSCIENCE INC                 OH       2.02,5.03,9.01       11/08/12
    
    MERRILL LYNCH DEPOSITOR INC PREFERRED   NY       8.01,9.01            11/01/12
    
    MET PRO CORP                            PA       8.01,9.01            11/13/12
    
    MetaStat, Inc.                          NV       8.01,9.01            11/13/12
    
    MID AMERICA APARTMENT COMMUNITIES INC   TN       7.01,9.01            11/13/12
    
    Mid-Con Energy Partners, LP             DE       7.01,9.01            11/09/12
    
    MIDDLEBY CORP                           DE       5.02                 11/12/12
    
    Midway Gold Corp                        A1       2.02,5.02,7.01,9.01  11/09/12
    
    MidWestOne Financial Group, Inc.        IA       7.01,9.01            11/12/12
    
    Millennium India Acquisition CO Inc.    DE       2.02,8.01,9.01       11/12/12
    
    MISCOR GROUP, LTD.                      IN       2.02,9.01            11/13/12
    
    MISSION COMMUNITY BANCORP               CA       2.02,9.01            11/13/12
    
    MITCHAM INDUSTRIES INC                  TX       1.01                 11/06/12
    
    MODINE MANUFACTURING CO                 WI       7.01,9.01            11/06/12
    
    Momentive Performance Materials Inc.    DE       2.02,9.01            11/13/12
    
    MOMENTIVE SPECIALTY CHEMICALS INC.      NJ       2.02,9.01            11/13/12
    
    Monarch Investment Properties, Inc.     NV       4.01,9.01            11/13/12
    
    MONROE CAPITAL Corp                     MD       2.03,7.01,9.01       11/12/12
    
    Monster Beverage Corp                   DE       8.01,9.01            11/13/12
    
    Monster Offers                          NV       1.01,2.01,3.02,5.01, 11/09/12
                                                     5.03,9.01
         
    MRC GLOBAL INC.                         DE       8.01,9.01            11/12/12
    
    NAKED BRAND GROUP INC.                  NV       7.01,9.01            11/12/12
    
    NAPCO SECURITY TECHNOLOGIES, INC        DE       2.02,9.01            11/12/12
    
    National Interstate CORP                OH       8.01,9.01            11/09/12
    
    NATURAL HEALTH TRENDS CORP              DE       2.02,9.01            11/13/12
    
    Naugatuck Valley Financial Corp                  2.02,4.02            11/06/12
    
    NAVIDEA BIOPHARMACEUTICALS, INC.        DE       2.02,9.01            11/13/12
    
    NEKTAR THERAPEUTICS                     DE       8.01                 11/12/12
    
    NETLIST INC                             DE       2.02,9.01            11/13/12
    
    NEVADA GOLD & CASINOS INC               NV       5.02,9.01            11/12/12
    
    NEWPARK RESOURCES INC                   DE       7.01,9.01            11/13/12
    
    NEWS CORP                                        8.01,9.01            11/12/12
    
    Northern Tier Energy LP                 DE       1.01,2.03,8.01,9.01  11/08/12
    
    Northern Tier Energy LP                 DE       2.02,9.01            11/12/12
    
    Northern Tier Energy LP                 DE       7.01,9.01            11/13/12
    
    NTELOS HOLDINGS CORP                             1.01,2.03,9.01       11/09/12
    
    NUMEREX CORP /PA/                       PA       1.01,2.03            11/05/12
    
    NUPATHE INC.                            DE       7.01,9.01            11/13/12
    
    Nutrastar International Inc.            NV       2.02,9.01            11/13/12
    
    Nuveen Global Value Opportunities Fun   MA       8.01,9.01            11/13/12
    
    O REILLY AUTOMOTIVE INC                          8.01,9.01            11/06/12
    
    Oconee Federal Financial Corp.                   5.07,9.01            11/08/12
    
    OFFICE DEPOT INC                        DE       7.01                 11/12/12
    
    OFFICEMAX INC                           DE       5.02                 11/12/12
    
    Oiltanking Partners, L.P.               DE       5.02,7.01,9.01       11/06/12
    
    OLD LINE BANCSHARES INC                 MD       7.01                 11/13/12
    
    ONEOK Partners LP                       DE       1.01,7.01,9.01       11/13/12
    
    ONLINE RESOURCES CORP                   DE       8.01                 11/09/12
    
    ORBIT INTERNATIONAL CORP                DE       1.01,1.02,2.03,9.01  11/08/12
    
    Orbitz Worldwide, Inc.                  DE       5.02                 11/07/12
    
    ORIENT EXPRESS HOTELS LTD               D0       5.02,8.01,9.01       11/08/12
    
    ORMAT TECHNOLOGIES, INC.                DE       7.01,9.01            11/13/12
    
    ORMAT TECHNOLOGIES, INC.                DE       1.01,2.03,9.01       11/09/12
    
    ORTHOFIX INTERNATIONAL N V                       5.02                 11/07/12
    
    OUTDOOR CHANNEL HOLDINGS INC                     1.01,5.02            11/07/12
    
    OvaScience, Inc.                        DE       2.02,9.01            11/13/12
    
    P&F INDUSTRIES INC                      DE       2.02,9.01            11/13/12
    
    Pacific Ethanol, Inc.                   DE       2.02,9.01            11/12/12
    
    PACIFIC WEBWORKS INC                    NV       8.01,9.01            11/13/12
    
    PATHEON INC                                      2.02,7.01,9.01       11/13/12
    
    PC CONNECTION INC                       DE       8.01,9.01            11/13/12
    
    PDL BIOPHARMA, INC.                     DE       7.01,9.01            11/13/12
    
    PEERLESS SYSTEMS CORP                   DE       5.02                 11/07/12
    
    PennyMac Mortgage Investment Trust      MD       2.02,5.02,9.01       11/07/12
    
    PFSWEB INC                              DE       2.02                 11/08/12
    
    PFSWEB INC                              DE       8.01                 11/08/12
    
    PG&E Corp                               CA       7.01,9.01            11/09/12
    
    PHAZAR CORP                             DE       2.02,9.01            11/09/12
    
    Philip Morris International Inc.        VA       8.01,9.01            11/13/12
    
    PICO HOLDINGS INC /NEW                  CA       2.02                 11/09/12
    
    PICO HOLDINGS INC /NEW                  CA       2.02,9.01            11/13/12    AMEND
    
    PINNACLE AIRLINES CORP                  DE       1.01                 11/12/12
    
    PIONEER ENERGY SERVICES CORP            TX       7.01,9.01            11/13/12
    
    PLAINS ALL AMERICAN PIPELINE LP         DE       7.01                 11/13/12
    
    PLAINSCAPITAL CORP                      TX       8.01,9.01            11/13/12
    
    PLUG POWER INC                          DE       2.02,9.01            11/13/12
    
    Polar Petroleum Corp.                            1.01,2.01,2.03,3.02, 11/05/12
                                                     5.06,8.01,9.01
    
    POLYCOM INC                             DE       5.03,9.01            11/08/12
    
    POLYMER GROUP INC                       DE       2.02                 11/09/12
    
    POWERSECURE INTERNATIONAL, INC.         DE       7.01,9.01            11/09/12
    
    PPL Corp                                         7.01,9.01            11/07/12
    
    PREMIER BIOMEDICAL INC                  NV       5.02                 11/09/12
    
    Primoris Services Corp                  DE       2.02,8.01,9.01       11/06/12
    
    PRINCIPAL FINANCIAL GROUP INC           DE       1.01,8.01,9.01       11/13/12
    
    PRISTINE SOLUTIONS INC.                 NV       1.01,2.01,2.02,5.01, 08/23/12
                                                     5.02,8.01
         
    PRIVATEBANCORP, INC                     DE       7.01,9.01            11/13/12
    
    PROTALEX INC                            DE       8.01,9.01            11/11/12
    
    PUBLIC SERVICE ENTERPRISE GROUP INC     NJ       7.01,9.01            11/11/12
    
    PVH CORP. /DE/                          DE       1.01,9.01            11/08/12
    
    PVR PARTNERS, L P                       DE       1.01,9.01            11/09/12
    
    QKL Stores Inc.                         DE       2.02,9.01            11/13/12
    
    QUICK-MED TECHNOLOGIES INC                       5.02                 11/13/12
    
    QUIKSILVER INC                          DE       8.01,9.01            11/13/12
    
    Rackwise, Inc.                          NV       8.01                 11/09/12
    
    RADIANT LOGISTICS, INC                  DE       2.02,9.01            11/12/12
    
    Radiation Therapy Services Holdings,    DE       2.02,9.01            11/12/12
    
    RadNet, Inc.                            DE       2.02,9.01            11/09/12
    
    Raider Ventures Inc.                    NV       5.02                 10/30/12
    
    RED MOUNTAIN RESOURCES, INC.            FL       3.02                 11/06/12
    
    REDWOOD TRUST INC                       MD       7.01,9.01            11/13/12
    
    REPROS THERAPEUTICS INC.                DE       2.02,9.01            11/13/12
    
    REPROS THERAPEUTICS INC.                DE       8.01,9.01            11/13/12
    
    REPROS THERAPEUTICS INC.                DE       7.01,9.01            11/13/12
    
    RESEARCH FRONTIERS INC                  DE       7.01,9.01            11/13/12
    
    Resource Capital Corp.                  MD       7.01,9.01            11/13/12
    
    RESPONSE GENETICS INC                            2.02,9.01            11/13/12
    
    RETAIL PROPERTIES OF AMERICA, INC.      MD       7.01,9.01            11/13/12
    
    Reven Housing REIT, Inc.                CO       2.01,9.01            11/07/12
    
    REX ENERGY CORP                         DE       1.01,7.01,8.01,9.01  11/12/12
    
    RiceBran Technologies                   CA       5.02                 11/07/12
    
    RICI Linked - PAM Advisors Fund, LLC    DE       5.02                 10/01/12
    
    RING ENERGY, INC.                       NV       1.01                 11/07/12
    
    RIVER VALLEY BANCORP                    IN       2.01,9.01            11/09/12
    
    Roadrunner Transportation Systems, In   DE       8.01,9.01            11/12/12
    
    ROCHESTER MEDICAL CORPORATION           MN       2.02,9.01            11/13/12
    
    ROCKY MOUNTAIN CHOCOLATE FACTORY INC    CO       7.01,9.01            11/13/12
    
    ROWAN COMPANIES PLC                     X0       7.01,9.01            11/13/12
    
    S&W Seed Co                             NV       2.02,9.01            11/13/12
    
    Sabra Health Care REIT, Inc.            MD       7.01,9.01            11/13/12
    
    SAFEGUARD SCIENTIFICS INC               PA       5.02,9.01            11/12/12
    
    SAJAN INC                               DE       2.02,9.01            11/12/12
    
    SAKS INC                                TN       2.02,9.01            11/13/12
    
    SANUWAVE Health, Inc.                   NV       1.01,1.02,5.02,9.01  11/06/12
    
    SCIENTIFIC LEARNING CORP                DE       2.02,5.02,9.01       11/06/12
    
    SCOTTS MIRACLE-GRO CO                   OH       5.02                 11/13/12
    
    SEALED AIR CORP/DE                      DE       8.01,9.01            11/13/12
    
    SELECT MEDICAL HOLDINGS CORP                     1.01                 11/06/12
    
    SELECTICA INC                           DE       5.07                 11/07/12
    
    Sentio Healthcare Properties Inc        MD       2.01,9.01            08/31/12    AMEND
    
    SERVOTRONICS INC /DE/                   DE       2.02,9.01            11/13/12
    
    SEYCHELLE ENVIRONMENTAL TECHNOLOGIES    NV       7.01,9.01            11/13/12
    
    SHERWIN WILLIAMS CO                     OH       1.01,8.01,9.01       11/09/12
    
    Shire plc                                        8.01,9.01            11/12/12
    
    Shire plc                                        8.01,9.01            11/13/12
    
    SILICON IMAGE INC                       DE       1.01                 11/09/12
    
    SILVER HILL MINES INC                   NV       4.01,9.01            11/09/12
    
    SimplePons, Inc.                        DE       1.01,3.02,5.02       10/22/12
    
    Simplicity Bancorp, Inc.                         5.03,9.01            11/13/12
    
    SM Energy Co                            DE       7.01,9.01            11/09/12
    
    SMTC CORP                               DE       2.02,9.01            11/08/12
    
    SOAPSTONE NETWORKS INC.                 DE       8.01                 11/13/12
    
    SOTHEBYS                                DE       2.02,9.01            11/13/12
    
    Southcross Energy Partners, L.P.        DE       1.01,2.01,3.02,5.02, 11/07/12
                                                     5.03,9.01
         
    SOUTHWEST GAS CORP                      CA       7.01                 11/08/12
    
    SP Bancorp, Inc.                        MD       2.02,9.01            11/13/12
    
    SPANISH BROADCASTING SYSTEM INC         DE       2.02,9.01            11/13/12
    
    SPARK NETWORKS INC                      DE       2.02,9.01            11/13/12
    
    SPARTAN MOTORS INC                      MI       8.01,9.01            11/12/12
    
    SPARTON CORP                            OH       5.02,9.01            11/08/12
    
    SPECTRASCIENCE INC                      MN       1.01,2.03,3.02,7.01  11/09/12
    
    Spectrum Brands Holdings, Inc.          DE       7.01,9.01            11/12/12
    
    SPHERIX INC                             DE       5.02                 11/13/12
    
    SquareTwo Financial Corp                DE       2.02,9.01            11/13/12
    
    STAG Industrial, Inc.                            1.01,2.03,9.01       11/08/12
    
    State Auto Financial CORP               OH       2.02,7.01,9.01       11/06/12
    
    STATE STREET CORP                       MA       7.01,9.01            11/13/12
    
    Station Casinos LLC                     NV       2.02,9.01            11/13/12
    
    STELLAR PHARMACEUTICALS INC                      7.01,9.01            11/13/12
    
    STERLING CONSTRUCTION CO INC            DE       2.02,9.01            11/08/12
    
    STIFEL FINANCIAL CORP                   DE       7.01,9.01            11/13/12
    
    STONEMOR PARTNERS LP                    DE       5.02,9.01            11/07/12
    
    STRATEGIC DIAGNOSTICS INC/DE/           DE       2.02,9.01            11/12/12
    
    STRATEGIC HOTELS & RESORTS, INC                  1.01,3.03,5.03,8.01, 11/12/12
                                                     9.01
              
    Strategic Storage Trust, Inc.           MD       4.01,9.01            11/09/12
    
    Summer Infant, Inc.                     DE       2.02,9.01            11/13/12
    
    Summer Infant, Inc.                     DE       1.01,2.03,5.02,9.01  11/07/12
    
    Summit Midstream Partners, LP           DE       2.02,9.01            11/12/12
    
    SunCoke Energy, Inc.                             7.01,9.01            11/13/12
    
    SUNGARD CAPITAL CORP                    DE       3.03,5.03,8.01,9.01  11/07/12
    
    Sunshine Heart, Inc.                    DE       2.02,9.01            11/08/12
    
    Sunshine Heart, Inc.                    DE       5.02,9.01            11/12/12
    
    SUPERCONDUCTOR TECHNOLOGIES INC         DE       2.02,9.01            11/13/12
    
    Sutor Technology Group LTD                       8.01,9.01            11/09/12
    
    SYNNEX CORP                             DE       5.02,9.01            11/08/12
    
    Synthetic Biologics, Inc.               NV       1.01,9.01            11/08/12
    
    SYNTROLEUM CORP                         DE       8.01,9.01            11/12/12
    
    TagLikeMe Corp.                         NV       4.01,9.01            11/05/12
    
    TearLab Corp                            DE       2.02,9.01            11/13/12
    
    TELULAR CORP                            DE       2.02,8.01,9.01       11/06/12
    
    TEREX CORP                              DE       1.01,5.02,8.01,9.01  11/07/12
    
    TG THERAPEUTICS, INC.                   DE       1.01,3.02,5.02,9.01  11/09/12
    
    THERMOGENESIS CORP                      DE       2.02,9.01            11/13/12
    
    Thompson Creek Metals CO Inc.           A6       7.01,9.01            11/13/12
    
    TIDEWATER INC                           DE       7.01,9.01            11/06/12
    
    Timberline Resources Corp               DE       7.01,9.01            11/12/12
    
    TJX COMPANIES INC /DE/                  DE       2.02,9.01            11/13/12
    
    TNP Strategic Retail Trust, Inc.        MD       7.01,8.01,9.01       11/09/12
    
    Tonix Pharmaceuticals Holding Corp.     NV       8.01,9.01            11/13/12
    
    Tornier N.V.                            P7       5.02,7.01,9.01       11/12/12
    
    TORTOISE CAPITAL RESOURCES CORP                  8.01,9.01            11/12/12
    
    Tower Group, Inc.                       DE       1.01,9.01            11/08/12
    
    TRANS WORLD CORP                        NV       8.01                 11/12/12
    
    TRANS1 INC                                       2.02,9.01            11/08/12
    
    Transcept Pharmaceuticals Inc           DE       2.02,9.01            11/12/12
    
    Transcept Pharmaceuticals Inc           DE       2.02,9.01            11/12/12
    
    TRINITY CAPITAL CORP                    NM       4.02                 11/13/12
    
    TRIUMPH GROUP INC                       DE       5.02                 11/07/12    AMEND
    
    Tronox Ltd                              C3       2.02,5.02,9.01       11/12/12
    
    TUESDAY MORNING CORP/DE                 DE       5.02                 11/13/12
    
    U S PHYSICAL THERAPY INC /NV            NV       7.01,9.01            11/13/12
    
    Ubiquiti Networks, Inc.                 DE       5.02                 11/06/12
    
    UDR, Inc.                               MD       2.02,9.01            11/13/12
    
    Umami Sustainable Seafood Inc.          NV       9.01                 07/20/10    AMEND
    
    UMH PROPERTIES, INC.                    MD       2.02,7.01,9.01       11/13/12
    
    Under Armour, Inc.                      MD       8.01                 11/12/12
    
    UNICO AMERICAN CORP                     NV       2.02                 09/30/12
    
    UNIFI INC                               NY       7.01,9.01            11/13/12
    
    United Community Bancorp                X1       8.01,9.01            11/09/12
    
    UNITED COMMUNITY FINANCIAL CORP         OH       2.02,9.01            11/13/12
    
    UNIVERSAL STAINLESS & ALLOY PRODUCTS    DE       8.01,9.01            11/12/12
    
    UQM TECHNOLOGIES INC                    CO       5.02                 11/07/12    AMEND
    
    USA Graphite Inc.                       NV       5.02,8.01            11/08/12
    
    usell.com, Inc.                         DE       4.02                 11/06/12
    
    VALIDUS HOLDINGS LTD                             7.01,9.01            11/09/12
    
    Vanity Events Holding, Inc.             DE       1.01,5.02,9.01       10/26/12
    
    VENTRUS BIOSCIENCES INC                 DE       8.01,9.01            11/13/12
    
    VERIZON COMMUNICATIONS INC              DE       7.01                 11/12/12
    
    VERMILLION, INC.                        DE       2.02,7.01,9.01       11/12/12
    
    VICON INDUSTRIES INC /NY/               NY       5.02                 11/13/12
    
    VISTAPRINT N.V.                         P7       5.07                 11/08/12
    
    VLOV INC.                               NV       7.01,9.01            11/13/12
    
    Vulcan Materials CO                     NJ       1.04                 11/08/12
    
    VWR Funding, Inc.                       DE       2.02,7.01            11/13/12
    
    W R GRACE & CO                          DE       5.02,9.01            11/07/12
    
    W&E Source Corp.                        DE       4.01,9.01            10/16/12
    
    Walter Energy, Inc.                     DE       8.01,9.01            11/13/12
    
    Walter Energy, Inc.                     DE       7.01,8.01,9.01       11/13/12
    
    WARWICK VALLEY TELEPHONE CO             NY       2.02,9.01            11/09/12
    
    WAVE SYSTEMS CORP                       DE       2.02,9.01            11/09/12
    
    Weatherford International Ltd./Switze   V8       2.02,2.06,7.01,9.01  11/13/12
    
    WEBSTER FINANCIAL CORP                  DE       7.01                 11/13/12
    
    WEIGHT WATCHERS INTERNATIONAL INC       VA       5.02,9.01            11/12/12
    
    WELLCARE HEALTH PLANS, INC.             DE       7.01,8.01,9.01       11/12/12
    
    WESBANCO INC                            WV       7.01,9.01            11/13/12
    
    Wesco Aircraft Holdings, Inc                     2.02,9.01            11/13/12
    
    WEST PHARMACEUTICAL SERVICES INC        PA       7.01,9.01            11/13/12
    
    WESTERN DIGITAL CORP                    DE       5.02,5.07,9.01       11/08/12
    
    Western Refining, Inc.                  DE       7.01,9.01            11/12/12
    
    WNC Housing Tax Credit Fund VI, L.P.,   CA       2.02,9.01            11/13/12
    
    Woodward, Inc.                          DE       2.02,9.01            11/13/12
    
    WORTHINGTON ENERGY, INC.                NV       4.02                 11/12/12
    
    WYNN RESORTS LTD                                 8.01                 11/09/12
    
    Xenith Bankshares, Inc.                 VA       7.01,9.01            11/13/12
    
    XENOPORT INC                            DE       1.01,1.02,3.02       11/08/12
    
    XEROX CORP                              NY       7.01,8.01,9.01       11/13/12
    
    XTREME HEALTHCARE Corp                           2.01,3.02,5.06,9.01  11/12/12
    
    Yinfu Gold Corp.                        WY       1.01,9.01            11/09/12
    
    ZYNGA INC                               DE       5.02                 11/06/12
    

     

    http://www.sec.gov/news/digest/2012/dig111412.htm


    Modified: 11/14/2012