Series D 8% Cumulative, Compounding Exchangeable Preferred Stock
9 Months Ended
Sep. 30, 2011
Temporary Equity Series D [Abstract] 
Series D 8% Cumulative, Compounding Exchangeable Preferred Stock
Note 8. Series D 8% Cumulative, Compounding Exchangeable Preferred Stock
 
On June 30, 2011, the Company filed a Certificate of Designation, Preferences and Rights of Preferred Stock Designated Series D 8% Cumulative, Compounding Exchangeable Preferred Stock (“Series D Preferred Stock”) with the Secretary of State of the State of Delaware. The Series D Certificate of Designation designates 2,200,000 shares of the Company’s 5,000,000 authorized shares of preferred stock as Series D Preferred Stock.
 
Also on June 30, 2011, the Company issued 1,331,814 shares of its $0.01 par value Series D Preferred Stock to Crestpark as follows:
 
   
Shares
   
Amount
 
Conversion on long-term note payable - fixed tranche
        $ 7,891,086  
Conversion on long-term note payable - floating tranche
          5,000,000  
Accrued interest payable
          540,978  
      1,221,097       13,432,064  
Conversion of Revolving Credit Commitment
    110,717       1,217,086  
      1,331,814     $ 14,649,150  
 
Each share of the Series D Preferred Stock is exchangeable for 18.644068 shares of common stock or a total of 24,830,431 shares of common stock if all shares of the Series D Preferred Stock were converted.
 
With the exception of the conversion rate into common stock and the fact that dividends and interest are payable in Series D Preferred Stock, the terms of the Series D Preferred Stock are identical in all respects to those of the Series C Preferred Stock, as amended on June 30, 2011. Accordingly, the Company's Series D Preferred Stock is classified as Stockholders' Equity in the Company's Consolidated Balance Sheets.
 
The Series D Preferred Stock ranks on parity with the Series C Preferred Stock, but will rank senior to all other series of preferred stock and to the common stock as to the payment of dividends and as to the distribution of assets upon liquidation, dissolution or winding up. Because, the holder of the Series D Preferred Stock does not have a right to redeem the Series D Preferred Stock for cash.
 
As of September 30, 2011 the Company had accrued $295,391 in Series D Preferred Stock dividends, all of which was accrued during the three months ended September 30, 2011.
 
As the holder of all issued and outstanding shares of Series D Preferred Stock, Crestpark, an affiliate of Mykonos, shares the right to appoint a majority of the Company’s Board of Directors with Mykonos the holder of all issued and outstanding shares of the Company’s Series C Preferred Stock.