UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13D
Under the Securities Exchange Act of 1934
(Amendment No. 3)*
The Female Health Company
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(Name of Issuer)
Common Stock, $0.01 par value
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(Title of Class of Securities)
314462 10 2
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(CUSIP Number)
Stephen M. Dearholt
741 N. Milwaukee Street, Suite 500, Milwaukee, Wisconsin 53202
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(Name, Address and Telephone Number of Person Authorized
to Receive Notices and Communications)
March 25, 1999
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(Date of Event which Requires Filing of this Statement)
If the filing person has previously filed a statement on Schedule 13G to report
the acquisition that is the subject of this Schedule 13D, and is filing this
schedule because of Rules 13d-1(e), 13d-1(f) or 13d-1(g), check the following
box [_].
Note: Schedules filed in paper format shall include a signed original and five
copies of the schedule, including all exhibits. See Rule 13d-7(b) for other
parties to whom copies are to be sent.
*The remainder of this cover page shall be filled out for a reporting person's
initial filing on this form with respect to the subject class of securities, and
for any subsequent amendment containing information which would alter
disclosures provided in a prior cover page.
The information required on the remainder of this cover page shall not be deemed
to be "filed" for the purpose of Section 18 of the Securities Exchange Act of
1934 ("Act") or otherwise subject to the liabilities of that section of the Act
but shall be subject to all other provisions of the Act (however, see the
Notes).
SCHEDULE 13D
This amendment is being filed to change the expiration date of a warrant
issued on February 12, 1999 and described in Item 5 and to update Item 7.
Item 5. Interest in Securities of the Issuer
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Amount of Beneficial Ownership
Name of Beneficial Owner Shares Percent
Stephen M. Dearholt (1)(2) 1,487,784 12.4%
(1) Includes options to purchase 50,000 shares (which are currently
exercisable) granted pursuant to the terms of the Company's Outside
Director Stock Option Plan.
(2) Includes 248,075 shares owned directly by Mr. Dearholt and warrants to
purchase 860,000 shares which are currently exercisable. Also includes the
following shares which Mr. Dearholt may be deemed to beneficially own:
69,500 shares held by the Dearholt, Inc. Profit Sharing Plan; 9,680 shares
held by the Response Marketing Money Purchase Plan; 6,200 shares held in a
self-directed IRA; 148,129 shares held by the Mary C. Dearholt Trust of
which Mr. Dearholt, a sibling and his mother are trustees; 18,100 shares
held by Mr. Dearholt's minor child; 18,100 shares held by the James W.
Dearholt Trust of which Mr. Dearholt is a co-trustee with a sibling, and
60,000 shares of preferred stock held by the Mary C. Dearholt Trust that
are convertible share-for-share into Issuer Common Stock. Mr. Dearholt
shares the power to vote and dispose of 226,229 shares of Issuer Common
Stock (including 60,000 shares of Preferred Stock convertible into Issuer
Common Stock) held by the Mary C. Dearholt Trust and the James W. Dearholt
Trust. Mr. Dearholt has sole power to vote and dispose of the remaining
shares of Issuer Common Stock reported herein, except that North Central
Trust has the sole power to vote and dispose of the 9,680 shares of Issuer
Common Stock held by the Response Marketing Money Purchase Plan.
On March 25, 1996, the Company borrowed $1,000,000 from Mr. Dearholt under
a one year note payable in full March 25, 1997 with interest at 12% payable
monthly. As part of this transaction, the Company issued a warrant to Mr.
Dearholt which entitles him to purchase 200,000 shares of Issuer Common Stock at
$3.10 per share, which represented the average trading price of Issuer Common
Stock for the five trading days prior to the originally scheduled closing date
for the transaction. The warrant expires upon the earlier of its exercise or
2002. The note was repaid by issuance of a new promissory note due March 25,
1998, a replacement note due March 25, 1999 and a subsequent replacement note
due on March 25, 2000. The one outstanding promissory note is now payable in
full on March 25, 2000 and bears interest at 12% per annum payable monthly. The
note proceeds were initially used by the Company to provide working capital
needed to fund the initial stages of the Company's U.S. marketing campaign and
to fund operating losses. The borrowing transactions were effected in the form
of a promissory note from the Company to Mr. Dearholt and related Note Purchase
and Warrant Agreements and Stock Issuance Agreements. The Company has issued an
additional warrant to purchase 200,000 shares of Issuer Common Stock each time a
new promissory note was issued to Mr. Dearholt at exercise prices of $1.848,
$2.25 and $1.16 per share, respectively, and expiration dates of March 25, 2004,
2006 and 2008, respectively. Under the only Stock Issuance Agreement currently
in effect with respect to this financing and extensions thereof, if the Company
fails to repay the $1,000,000 under the outstanding note when due, the Company
must issue 200,000 shares of Issuer Common Stock to Mr. Dearholt. The Company
also granted Mr. Dearholt certain securities registration rights for the Issuer
Common Stock he receives from the Company under the warrants or the Stock
Issuance Agreement. When Mr. Dearholt agreed to extend the formerly outstanding
promissory note for an additional one year term to be due and payable on March
25, 2000, the Company extended the term of certain warrants held by Mr. Dearholt
which were to expire on March 25, 2001 to March 25, 2002.
On February 12, 1999, the Company borrowed $250,000 from Mr. Dearholt
under a one year note payable in full February 12, 2000 with interest at 12%
payable monthly. As part of this transaction, the Company issued a warrant to
Mr. Dearholt which entitles him to purchase 50,000 shares of Issuer Common Stock
at $1.248 per share (the average of the last bid and ask prices as quoted
through the NASDAQ Work Station II on February 12, 1999, less a discount of 20%
of said average). The borrowing transaction was effected in the form of a
promissory note from the Company to Mr. Dearholt and related Note Purchase and
Warrant Agreement and Stock Issuance Agreement. The warrant expires upon the
earlier of its exercise or February 12, 2008. Under the Stock Issuance
Agreement, if the Company fails to repay the $250,000 under the note when due,
the Company must issue 50,000 shares of Issuer Common Stock to Mr. Dearholt. The
Company also granted Mr. Dearholt certain securities registration rights for the
Issuer Common Stock he receives from the Company under the warrant or the Stock
Issuance Agreement.
Mr. Dearholt purchased, in the market, an aggregate of 10,000 shares of
Issuer Common Stock on April 19, 1999, at $1.375 per share. All shares were
purchased solely for investment purposes.
Item 7. Material to be Filed as Exhibits
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Exhibit No.
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1. Warrant to purchase shares of Issuer Common Stock issued to Stephen M.
Dearholt dated as of November 21, 1995.*
2. Warrant to purchase up to 200,000 shares of Issuer Common Stock issued
to Stephen M. Dearholt dated as of March 25, 1996.*
3. Warrant to purchase up to 200,000 shares of Issuer Common Stock issued
to Stephen M. Dearholt dated as of March 25, 1997.*
4. Warrant to purchase up to 200,000 shares of Issuer Common Stock issued
to Stephen M. Dearholt dated as of March 25, 1998.*
5. Note Purchase and Warrant Agreement between the Company and Stephen M.
Dearholt dated March 25, 1998.*
6. Stock Issuance Agreement between the Company and Stephen M. Dearholt
dated as of March 25, 1998.*
7. Warrant to purchase up to 50,000 shares of Issuer Common Stock issued
to Stephen M. Dearholt dated as of February 12, 1999.
8. Note Purchase and Warrant Agreement between the Company and Stephen M.
Dearholt dated February 12, 1999.
9. Stock Issuance Agreement between the Company and Stephen M. Dearholt
dated as of February 12, 1999.
10. Warrant to purchase up to 200,000 shares of Issuer Common Stock issued
to Stephen M. Dearholt dated as of March 25, 1999.
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11. Note Purchase and Warrant Agreement between the Company and Stephen M.
Dearholt dated March 25, 1999.
12. Stock Issuance Agreement between the Company and Stephen M. Dearholt
dated as of March 25, 1999.
*Previously filed with Amendment No. 1 to Schedule 13D on January 14, 1999.
SIGNATURE
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After reasonable inquiry and to the best of my knowledge and belief, I
certify that the information set forth in this statement is true, complete and
correct.
/s/ Stephen M. Dearholt
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Stephen M. Dearholt
Dated: May 11, 1999
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