SEC FORM
4
SEC Form 4
| FORM 4 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP
Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934
or Section 30(h) of the Investment Company Act of 1940
|
| OMB APPROVAL |
| OMB Number: |
3235-0287 |
| Estimated average burden |
| hours per response: |
0.5 |
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|
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Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue.
See
Instruction 1(b). |
1. Name and Address of Reporting Person*
| PARAMOUNT BIOCAPITAL |
| 787 SEVENTH AVENUE, 48TH FLOOR |
(Street)
|
2. Issuer Name and Ticker or Trading Symbol
ZIOPHARM ONCOLOGY INC
[ ZIOP ]
|
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
| X |
Director |
|
10% Owner |
|
Officer (give title below) |
|
Other (specify below) |
|
|
|
3. Date of Earliest Transaction
(Month/Day/Year)
06/18/2007
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4. If Amendment, Date of Original Filed
(Month/Day/Year)
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6. Individual or Joint/Group Filing (Check Applicable Line)
| X |
Form filed by One Reporting Person |
|
Form filed by More than One Reporting Person |
|
| Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned |
|---|
| 1. Title of Security (Instr.
3)
|
2. Transaction Date
(Month/Day/Year) |
2A. Deemed Execution Date, if any
(Month/Day/Year) |
3. Transaction Code (Instr.
8)
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4. Securities Acquired (A) or Disposed Of (D) (Instr.
3, 4 and 5)
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5.
Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr.
3 and 4)
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6. Ownership Form: Direct (D) or Indirect (I) (Instr.
4)
|
7. Nature of Indirect Beneficial Ownership (Instr.
4)
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| Code |
V |
Amount |
(A) or (D) |
Price |
| Common Stock, $.001 par value |
|
|
|
|
|
|
|
63,205 |
D |
|
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities)
|
|---|
| 1. Title of Derivative Security (Instr.
3)
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2. Conversion or Exercise Price of Derivative Security
|
3. Transaction Date
(Month/Day/Year) |
3A. Deemed Execution Date, if any
(Month/Day/Year) |
4. Transaction Code (Instr.
8)
|
5.
Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr.
3, 4 and 5)
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6. Date Exercisable and Expiration Date
(Month/Day/Year) |
7. Title and Amount of Securities Underlying Derivative Security (Instr.
3 and 4)
|
8. Price of Derivative Security (Instr.
5)
|
9.
Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr.
4)
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10. Ownership Form: Direct (D) or Indirect (I) (Instr.
4)
|
11. Nature of Indirect Beneficial Ownership (Instr.
4)
|
| Code |
V |
(A) |
(D) |
Date Exercisable |
Expiration Date |
Title |
Amount or Number of Shares |
| Warrants to Purchase Common Stock |
$4.75
|
|
|
|
|
|
|
09/13/2005 |
05/31/2012 |
Common Stock, $.001 par value |
20,767 |
|
20,767 |
D |
|
| Director Stock Option (right to buy) |
$4.31
|
|
|
|
|
|
|
|
07/20/2015 |
Common Stock, $.001 par value |
15,029 |
|
15,029 |
D |
|
| Director Stock Option (right to buy) |
$5.01
|
|
|
|
|
|
|
04/26/2006 |
04/26/2016 |
Common Stock |
15,000 |
|
15,000 |
D |
|
| Warrants to Purchase Common Stock |
$5.09
|
|
|
|
|
|
|
05/03/2006 |
05/03/2013 |
Common Stock, $.001 par value |
80,737 |
|
80,737 |
D |
|
| Director Stock Option (right to buy) |
$6.49
|
|
|
|
|
|
|
|
12/13/2016 |
Common Stock |
15,000 |
|
15,000 |
D |
|
| Warrant |
$5.75
|
|
|
|
|
|
|
02/23/2007 |
02/23/2012 |
Common Stock |
35,739 |
|
35,739 |
D |
|
| Stock Option (right to buy) |
$4.85
|
06/18/2007 |
|
A |
|
15,000 |
|
|
06/18/2017 |
Common Stock |
15,000 |
$0
|
15,000 |
D |
|
| Explanation of Responses: |
|
|
|
|
/s/ Richard Bagley as attorney-in-fact for Timothy McInerney |
06/21/2007 |
|
** Signature of Reporting Person |
Date |
| Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. |
| * If the form is filed by more than one reporting person,
see
Instruction
4
(b)(v). |
| ** Intentional misstatements or omissions of facts constitute Federal Criminal Violations
See
18 U.S.C. 1001 and 15 U.S.C. 78ff(a). |
| Note: File three copies of this Form, one of which must be manually signed. If space is insufficient,
see
Instruction 6 for procedure. |
| Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. |
POWER OF ATTORNEY
For Executing Forms 3, 4 and 5
Know all by these presents, that the undersigned
hereby constitutes and appoints Richard Bagley and Alan Gilbert,
signing individually, his true and lawful attorneys-in-fact to:
1. Execute for and on behalf of the undersigned Initial
Statements of
Beneficial Ownership of Securities on Form 3, Statements of
Changes of Beneficial Ownership of Securities on Form 4 and Annual
Statements of Beneficial Ownership of Securities on Form 5, for
the purpose of reporting transactions by the undersigned in
securities issued by Ziopharm Oncology, Inc. in accordance with
Section 16(a) of the Securities Exchange Act of 1934 and the rules
thereunder;
2. Do and perform any and all acts for and on behalf of the
undersigned which may be necessary or desirable to complete the
execution of any such Form 3, 4 or 5 and the timely filing thereof
with the United States Securities and Exchange Commission and any
other applicable governmental or regulatory authority; and
3. Take any other action of any type whatsoever in connection
with the foregoing which in the opinion of such attorney-in-fact,
may be of benefit to, in the best interest of, or legally required by,
the undersigned, it being understood that the documents executed
by such attorney-in-fact on behalf of the undersigned pursuant to
this Power of Attorney shall be in such form and shall contain
such terms and conditions as such attorney-in-fact may approve in
his discretion.
The undersigned hereby grants to each such attorney-in-
fact full power and authority to do and perform all and every act and
thing whatsoever requisite, necessary and proper to be done in the
exercise of any of the rights and powers herein granted, as fully to
all intents and purposes as such attorney-in-fact might or could do
if personally present, with full power of substitution or
revocation, hereby ratifying and confirming all that such
attorney-in-fact, or his substitute or substitutes, shall lawfully
do or cause to be done by virtue of this power of attorney and the
rights and powers herein granted. The undersigned
acknowledges that the foregoing attorneys-in-fact, in serving in such
capacity at the request of the undersigned, are not assuming any of
the undersigned's responsibilities to comply with Section 16 of the
Securities Exchange Act of 1934.
This Power of Attorney shall remain in full force and
effect until the undersigned is no longer required to file Forms 3,
4 and 5 with respect to the undersigned's holdings of and
transactions in securities issued by Ziopharm Oncology, Inc.,
unless earlier revoked by the undersigned in a signed writing
delivered to the foregoing attorneys-in-fact.
IN WITNESS WHEREOF, the undersigned has executed
this Power of Attorney
as of this 19thday of June, 2007.
/s/ Timothy McInerney
(signature)
Timothy McInerney
(print name)
528960
