Yes SCUR fit here - Not the usual reg s, but action behind is more or less the same.
Funny cut from recent S-3/A filing:
4. Includes 691,181 shares of common stock issuable upon conversion of
2500 shares of Series C preferred stock, assuming a per share
conversion price of $3.617, the conversion price prevailing on July 23,
1999, 443,000 shares of common stock held on June 23, 1999 following
conversion of Series C preferred stock and 87,232 shares of common
stock issuable upon exercise of the warrants. Under the terms of the
Series C preferred stock and the warrants, no holder can convert any
portion of the Series C preferred stock or exercise any warrants if the
conversion or exercise would increase that holder's beneficial
ownership of common stock to in excess of 4.99% at the time of such
conversion or exercise. Pursuant to a management agreement, Castle
Creek Partners LLC may be deemed to beneficially own the securities
held by CC Investments LDC. Castle Creek Partners LLC disclaims such
beneficial ownership. John Ziegelman and Daniel Asher, as managing
members of Castle Creek Partners LLC, may be deemed to be beneficial
owners of these securities. Messrs. Asher and Ziegelman disclaim such
beneficial ownership.
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