UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934 or Section 30(h) of the Investment Company Act of 1940 |
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Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | SEC 1473 (7-02) | ||
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 control number. |
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 Exercise Price of Derivative Security | 5. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 5) |
6. Nature of Indirect Beneficial Ownership (Instr. 5) |
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Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||
Series D Convertible Preferred Stock | (1) | (1) | Common Stock | 1,089,600 | $ (1) | I | Held by Lateral U.S. Credit Opportunities Fund, L.P. (2) (3) |
Series D Convertible Preferred Stock | (1) | (1) | Common Stock | 2,179,220 | $ (1) | I | Held by Lateral FTE Feeder LLC (2) |
Series F Convertible Preferred Stock | (1) | (1) | Common Stock | 4,463,480 | $ (1) | I | Held by Lateral U.S. Credit Opportunities Fund, L.P. (2) (3) |
Series F Convertible Preferred Stock | (1) | (1) | Common Stock | 3,374,220 | $ (1) | I | Held by Lateral FTE Feeder LLC (2) |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
Lateral Global Investors LLC 1825 SOUTH GRANT STREET, SUITE 210 SAN MATEO, CA 94402-2672 |
X | |||
Lateral FTE Feeder LLC 1825 SOUTH GRANT STREET, SUITE 210 SAN MATEO, CA 94402-2672 |
X | |||
Lateral U.S. Credit Opportunities Fund, L.P. 1825 SOUTH GRANT STREET, SUITE 210 SAN MATEO, CA 94402-2672 |
X | |||
Lateral Credit Opportunities, LLC 1825 SOUTH GRANT STREET, SUITE 210 SAN MATEO, CA 94402-2672 |
X | |||
Masters Kenneth M. 1825 SOUTH GRANT STREET, SUITE 210 SAN MATEO, CA 94402-2672 |
X | |||
de Silva Richard 1825 SOUTH GRANT STREET, SUITE 210 SAN MATEO, CA 94402-2672 |
X |
/s/ Richard de Silva | 05/12/2017 | |
**Signature of Reporting Person | Date |
* | 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). |
(1) | Each share of Series D Convertible Preferred Stock and Series F Convertible Preferred Stock is presented on an as-converted basis after giving effect to a 1-for-20 reverse stock split that became effective on May 26, 2016. |
(2) | Lateral Investment Management, LLC is the sole manager of Lateral FTE Feeder LLC and has a management agreement with Lateral U.S. Credit Opportunities Fund, L.P. Lateral Credit Opportunities, LLC is the sole general partner of Lateral U.S. Credit Opportunities Fund, L.P. Kenneth Masters and Dhamitha Richard de Silva are the sole managers of Lateral Investment Management, LLC and Lateral Credit Opportunities, LLC. |
(3) | Lateral U.S. Credit Opportunities Fund, L.P. is the successor in interest to the shares that were initially owned by an affiliated entity, which shares have subsequently been transferred to Lateral U.S. Credit Opportunities Fund, L.P. |
Remarks: The Reporting Persons filing this Form 3 jointly are the following: Lateral Investment Management, LLC; Lateral FTE Feeder LLC; Lateral U.S. Credit Opportunities Fund, L.P.; Lateral Credit Opportunities, LLC; Kenneth Masters; and Dhamitha Richard de Silva. The address of each of the Reporting Persons is 1825 South Grant Street, Suite 210, San Mateo, CA 94402. |