Quarterly report pursuant to Section 13 or 15(d)

Derivative Instruments

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Derivative Instruments
9 Months Ended
Sep. 30, 2011
Derivative Instruments
8.
Derivative Instruments

Certain warrants to purchase our common stock are considered derivative liabilities under current accounting standards.  We do not use derivative instruments for hedging of market risks or for trading or speculative purposes.

In January 2011, certain Series V warrants were modified to remove the language that had previously required them to be classified as derivative liabilities.  As a result of the modification of the Series V warrants, we reclassified $1.4 million in derivative liabilities related to those warrants to additional paid-in capital during the first quarter of 2011.  Also in January 2011, certain Series CC and Series DD warrants were modified to remove the language that had previously required them to be classified as derivative liabilities.  As a result of the modification of the Series CC and Series DD warrants, we reclassified $549,000 in derivative liabilities related to those warrants to additional paid-in capital during the first quarter of 2011.

During the first nine months of 2011, certain outside investors exercised 1,578,948 Series CC warrants, 1,578,948 Series DD warrants, 810,000 Series V warrants, and 60,000 Series Z warrants, resulting in reclassification of $1.4 million in derivative liabilities related to those warrants to additional paid-in capital during the first nine months of 2011.

The net effect of marking the Company’s derivative liabilities to market during the three-month periods ended September 30, 2011 and 2010 resulted in net (decreases) increases in the estimated fair values of the derivative liabilities of approximately ($7,000) and $88,000, respectively, which were recorded as non-cash (income) expense.  The net effect of marking the Company’s derivative liabilities to market during the nine-month periods ended September 30, 2011 and 2010 resulted in net increases in the estimated fair values of the derivative liabilities of approximately $957,000 and $671,000, respectively, which were also recorded as non-cash expense.  The total estimated fair value of the remaining derivative liabilities was $53,000 as of September 30, 2011.