| 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, 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: | 3235-0287 | | Expires: | February 28, 2011 | | Estimated average burden | | hours per response | 0.5 |
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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*
(Street)
| 2. Issuer Name and Ticker or Trading Symbol
SEQUENOM INC
[SQNM] | 5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)| X | Director | | 10% Owner | | X | Officer (give title below) | | Other (specify below) | | Interim CEO |
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3. Date of Earliest Transaction (Month/Day/Year)
10/21/2009 |
4. 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 |
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| 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) | 4. Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5) | 5. Amount of Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 3 and 4) | 6. Ownership Form: Direct (D) or Indirect (I)
(Instr. 4) | 7. Nature of Indirect Beneficial Ownership
(Instr. 4) |
| Code | V | Amount | (A) or (D) | Price |
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) | 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) | 6. Date Exercisable and Expiration Date
(Month/Day/Year) | 7. Title and Amount of Underlying Securities
(Instr. 3 and 4) | 8. Price of Derivative Security
(Instr. 5) | 9. Number of Derivative Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 4) | 10. Ownership Form of Derivative Security: 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 |
|
Employee Stock Option (right to buy)
| $
3.39
| 10/21/2009 | | A | |
187,500
| | | 10/20/2019 |
Common Stock
|
187,500
|
$
0
|
187,500
|
D
| |
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Employee Stock Option (right to buy)
| $
3.39
| 10/21/2009 | | A | |
187,500
| | | 10/20/2019 |
Common Stock
|
187,500
|
$
0
|
187,500
|
D
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| Explanation of Responses: |
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| Clarke Neumann, Attorney-in-Fact | 10/22/2009 |
| ** 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
Know all by these presents, that the undersigned hereby
constitutes and appoints each of Jay File, Paul Maier,
Marilyn Grenci, and Clarke Neumann, signing individually, as the
undersigneds true and lawful attorney in fact and agent to:
1. execute for and on behalf of the undersigned, an officer or
director of Sequenom, Inc. (the Company), Forms 3, 4 and 5 in
accordance with Section 16(a) of the Securities Exchange Act of
1934, as amended (the Exchange Act), and the rules thereunder;
2. do and perform any and all acts for and on behalf of the
undersigned that may be necessary or desirable to complete and
execute such Form 3, 4 or 5, complete and execute any amendment
or amendments thereto, and timely file such forms or amendments
with the U.S. Securities and Exchange Commission and any stock
exchange or similar authority; and
3. take any other action of any nature whatsoever in connection
with the foregoing, which in the opinion of such attorney in fact
may be of benefit, 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 such
attorney in facts discretion.
The undersigned hereby grants to each such attorney in fact full
power and authority to do and perform any and every act and thing
whatsoever requisite, necessary, or proper to be done in the
exercise of any of the rights and powers herein granted, as fully to
all intents and purposes as the undersigned 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
such attorney in facts 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, nor is the Company
assuming, any of the undersigneds responsibilities to comply with
Section 16 of the Exchange Act, and the undersigned hereby
agrees to indemnify and hold harmless each of the attorneys in fact
and the Company from any liabilities or damages that arise out of
the performance or failure to perform any of the actions described
herein.
This Power of Attorney shall remain in full force and effect until
the earliest to occur of (a) the undersigned is no longer required to
file Forms 3, 4 and 5 with respect to the undersigneds holdings of
and transactions in securities issued by the Company,
(b) revocation by the undersigned in a signed writing delivered to
the foregoing attorneys in fact or (c) as to any attorney in fact
individually, until such attorney in fact shall no longer be
employed by the Company.
In Witness Whereof, the undersigned has caused this Power of
Attorney to be executed as of this 22th day of October, 2009.
ss: Harry F. Hixson, Jr.
[Signature]
Harry F. Hixson, Jr.
[Name]