4 1 form_4.txt FORM 4 U.S. SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 4 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(f) of the Investment Company Act of 1940 [_] 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* Symbol Technologies, Inc. ------------------------------------------------------------------------------- (Last) (First) (Middle) One Symbol Plaza ------------------------------------------------------------------------------- (Street) Holtsville NY 11742 ------------------------------------------------------------------------------- (City) (State) (Zip) ------------------------------------------------------------------------------- 2. Issuer Name and Ticker or Trading Symbol @pos.com, Inc. (OTCBB:epos) ------------------------------------------------------------------------------- 3. IRS Identification Number of Reporting Person, if an Entity (Voluntary) 11-2308681 ------------------------------------------------------------------------------- 4. Statement for Month/Year [September 16,] 2002 ------------------------------------------------------------------------------- 5. If Amendment, Date of Original (Month/Year) ------------------------------------------------------------------------------- 6. Relationship of Reporting Person(s) to Issuer (Check all applicable) [_] Director [x] 10% Owner [_] Officer (give title below) [_] Other (specify below) ____________________________________ ------------------------------------------------------------------------------- 7. Individual or Joint/Group Filing (Check applicable line) [_] Form filed by One Reporting Person [x] Form filed by More than One Reporting Person ------------------------------------------------------------------------------- =============================================================================== Table I -- Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned ===============================================================================

* If the form is filed by more than one Reporting Person, see Instructions 4(b)(v). Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. (Print or Type Responses) (Over) FORM 4 (continued) Table II -- Derivative Securities Acquired, Disposed of, or Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities) ===============================================================================

(1) As of September 16, 2002, @pos.com, Inc. (the "Company") owed $2,805,309.09 in outstanding principal and interest under the $3,500,000 Amended and Restated Convertible Promissory Note (the "Note") made by the Company and Crossvue, Inc. in favor of Symbol Technologies, Inc. ("Symbol"), convertible on such date into 17,263,834 shares of Common Stock. On September 16, 2002, Symbol converted $2,100,000 of outstanding principal and interest under the Note into 9,780,278 shares of Common Stock and such shares were issued directly to Symbol Acquisition Corp., a wholly owned subsidiary of Symbol. The Note was convertible into such number of shares of Common Stock as was equal to the product of (A) a fraction, the numerator of which was the then-outstanding balance of the Note (including accrued and unpaid interest) and the denominator of which was $5,000,000 and (B) the number of shares of Common Stock outstanding on a fully diluted basis. Explanation of Responses: On August 12, 2002, Symbol, Symbol Acquisition Corp. and the Company entered into an Agreement and Plan of Merger (the "Merger Agreement") and, in connection therewith, the Note was made by the Company in favor of Symbol. The Note was provided out of Symbol's working capital and permitted the Company to repay in full all of the borrowings outstanding under the Convertible Promissory Note dated June 25, 2002 held by Hand Held Products Inc. and provided additional working capital to the Company until the transactions contemplated by the Merger Agreement are to be consummated. Pursuant to the Merger Agreement, on August 19, 2002, Symbol Acquisition Corp. commenced a cash tender offer (the "Offer") to purchase all of the issued and outstanding shares of the Common Stock at a purchase price of $0.46 per share, net to the seller in cash. The tender offer expired at 12:00 midnight on September 16, 2002. Subject to the terms and conditions set forth in the Merger Agreement, following the consummation of the Offer, Symbol Acquisition Corp. shall be merged with and into the Company, with the Company continuing as the surviving corporation in such merger. Symbol Technologies, Inc. By: /s/Leonard Goldner September 17, 2002 --------------------------------------------- ---------------------- ** Signature of Reporting Person Date Name: Leonard Goldner Title Executive Vice President and General Counsel Symbol Acquisition Corp. By: /s/Leonard Goldner September 17, 2002 --------------------------------------------- ---------------------- ** Signature of Reporting Person Date Name: Leonard Goldner Title Vice President, Secretary and Assistant Treasurer ** 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 provided is insufficient, see Instruction 6 for procedure. Page 2

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