| FORM 3 | UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES
Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940 | | OMB APPROVAL | | OMB Number: | 3235-0104 | | Expires: | February 28, 2011 | | Estimated average burden | | hours per response | 0.5 |
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|
1. Name and Address of Reporting Person*
| C/O ACUSPHERE, INC., 500 ARSENAL STREET | |
(Street)
| 2. Date of Event Requiring Statement (Month/Day/Year)
09/29/2008 | 3. Issuer Name and Ticker or Trading Symbol
ACUSPHERE INC
[ACUS]
|
4. Relationship of Reporting Person(s) to Issuer
(Check all applicable) | Director | | 10% Owner | | X | Officer (give title below) | | Other (specify below) | | Senior VP/Operations |
| 5. If Amendment, Date of Original Filed (Month/Day/Year)
|
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 Beneficially Owned |
|---|
| 1. Title of Security (Instr.
4)
| 2.
Amount of Securities Owned (Instr.
4)
| 3. Ownership Form: Direct (D) or Indirect (I) (Instr.
5)
| 4. Nature of Indirect Beneficial Ownership (Instr.
5)
|
|---|
|
Common Stock
|
1,668
|
D
| |
Table II - Derivative Securities Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities) |
|---|
| 1. Title of Derivative Security (Instr. 4) | 2. Date Exercisable and Expiration Date (Month/Day/Year)
| 3. Title and Amount of Securities Underlying Derivative Security (Instr. 4) | 4. Conversion or Excercise Price of Derivative Security
| 5. Ownership Form: Direct (D) or Indirect (I) (Instr. 5)
| 6. Nature of Indirect Beneficial Ownership (Instr. 5)
|
|---|
| Date Exercisable | Expiration Date | Title | Amount or Number of Shares |
|---|
|
Stock Option (Right to Buy)
| 11/13/2001 | 11/13/2011 |
Common Stock
|
25,000
|
$
7.2
|
D
| |
|
Stock Option (Right to Buy)
| 02/07/2002 | 02/07/2012 |
Common Stock
|
8,334
|
$
7.2
|
D
| |
|
Stock Option (Right to Buy)
| 07/19/2002 | 07/19/2012 |
Common Stock
|
17,500
|
$
0.84
|
D
| |
|
Stock Option (Right to Buy)
| 02/07/2003 | 02/07/2013 |
Common Stock
|
8,334
|
$
0.84
|
D
| |
|
Stock Option (Right to Buy)
| 09/02/2003 | 09/02/2013 |
Common Stock
|
15,271
|
$
13.02
|
D
| |
|
Stock Option (Right to Buy)
| 02/10/2004 | 02/10/2014 |
Common Stock
|
20,000
|
$
9.6
|
D
| |
|
Stock Option (Right to Buy)
| 02/01/2005 | 02/01/2015 |
Common Stock
|
20,000
|
$
6.13
|
D
| |
|
Stock Option (Right to Buy)
| 02/01/2006 | 02/01/2016 |
Common Stock
|
40,000
|
$
5.84
|
D
| |
|
Stock Option (Right to Buy)
| 02/07/2007 | 02/07/2017 |
Common Stock
|
25,000
|
$
2.6
|
D
| |
|
Stock Option (Right to Buy)
| 02/12/2008 | 02/12/2018 |
Common Stock
|
40,000
|
$
0.68
|
D
| |
|
Stock Option (Right to Buy)
| 07/25/2008 | 07/25/2018 |
Common Stock
|
161,870
|
$
0.56
|
D
| |
| Explanation of Responses: |
|
|
| By: /s/ Sherri C. Oberg, attorney-in-fact | 10/02/2008 |
| ** 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 5(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
KNOW ALL MEN BY THESE PRESENTS, that the person
whose signature appears below hereby constitutes and
appoints Sherri C. Oberg and Lawrence A. Gyenes the
true and lawful attorneys-in-fact and agents, with
full power of substitution and resubstitution, for the
undersigned and in the undersigned's name, place and
stead, in any and all capacities (until revoked in
writing) to sign any and all instruments, certificates
and documents required to be executed on behalf of the
undersigned as an individual or on behalf of the
undersigned's holding company, as the case may be,
pursuant to sections 13 and 16 of the Securities
Exchange Act of 1934, as amended (the "Exchange Act"),
and any and all regulations promulgated thereunder,
and to file the same, with all exhibits thereto, and
any other documents in connection therewith, with the
Securities and Exchange Commission, and with any other
entity when and if such is mandated by the Exchange
Act or by the By-laws of the National Association of
Securities Dealers, granting unto said attorneys-in-
fact and agents full power and authority to do and
perform each and every act and thing requisite and
necessary fully to all intents and purposes as the
undersigned might or could do in person thereby
ratifying and confirming all that said attorneys-in-
fact and agents, or their substitute or substitutes,
may lawfully do or cause to be done by virtue hereof.
IN WITNESS WHEREOF, this Power of Attorney has
been signed as of the 30th day of September, 2008.
/s/ Michael Slater
Michael Slater