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UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549STATEMENT OF CHANGES IN 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. | |||
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. | SEC 1474 (9-02) |
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) |
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Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||||||
Warrant (right to buy) | $ 0.8 | 09/30/2016 | J(1)(2) | 2,343,750 | (1)(2) | (1)(2) | Common Stock | 2,343,750 | (1) (2) | 13,450,630 (1) (2) (3) (4) | I | Held by Lateral U.S. Credit Opportunities Fund, L.P. (4) (5) | |||
Warrant (right to buy) | $ 0.4 | 11/11/2016 | J(1)(2) | 2,500,000 | (1)(2) | (1)(2) | Common Stock | 2,500,000 | (1) (2) | 15,950,630 (1) (2) (3) (4) | I | Held by Lateral U.S. Credit Opportunities Fund, L.P. (4) (5) | |||
Warrant (right to buy) | $ 0.4 | 12/23/2016 | J(1)(2) | 3,750,000 | (1)(2) | (1)(2) | Common Stock | 3,750,000 | (1) (2) | 19,700,630 (1) (2) (3) (4) | I | Held by Lateral U.S. Credit Opportunities Fund, L.P. (4) (5) | |||
Warrant (right to buy) | $ 0.4 | 03/29/2017 | J(1)(2) | 3,750,000 | (1)(2) | (1)(2) | Common Stock | 2,343,750 | (1) (2) | 29,870,650 (1) (2) (3) (4) | I | Held by Lateral U.S. Credit Opportunities Fund, L.P. (4) (5) |
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 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). |
(1) | On September 30, 2016, the reporting persons named herein (the "Reporting Persons") beneficially acquired warrants to purchase 2,343,750 shares of the Issuer's Common Stock and as a result became the beneficial owner in the aggregate of 13,450,630 shares of the Issuer's Common Stock. On November 11, 2016, the Reporting Persons beneficially acquired warrants to purchase 2,500,000 shares of the Issuer's Common Stock and as a result became the beneficial owner in the aggregate of 15,950,630 shares of the Issuer's Common Stock. On December 23, 2016, the Reporting Persons beneficially acquired warrants to purchase 3,750,000 shares of the Issuer's Common Stock and became the beneficial owner in the aggregate of 19,700,630 shares of the Issuer's Common Stock. On March 3, 2017, the Reporting Persons beneficially acquired 6,420,020 shares of the Issuer's Common Stock and became the beneficial owner in the aggregate of 26,120,650 shares of the Issuer's Common Stock. |
(2) | (Continued from Footnote 1) On March 29, 2017, the Reporting Persons beneficially acquired warrants to purchase 3,750,000 shares of the Issuer's Common Stock and as a result became the beneficial owner in the aggregate of 29,870,650 shares of the Issuer's Common Stock. On April 7, 2017, the Reporting Persons beneficially acquired 1,978,068 shares of the Issuer's Common Stock and became the beneficial owner in the aggregate of 31,848,718 shares of the Issuer's Common Stock. On May 8, 2017, the Reporting Persons beneficially acquired 26,215,409 shares of the Issuer's Common Stock and as a result became the beneficial owner in the aggregate of 58,064,127 shares of the Issuer's Common Stock. |
(3) | Following the transactions described in Footnote 1, Lateral FTE Feeder LLC, Lateral Investment Management, LLC and Lateral U.S. Credit Opportunities Fund, L.P. are the record holder of a portion of the shares of Common Stock of the Issuer. Lateral Investment Management, LLC is the sole manager of Lateral FTE Feeder LLC, and Kenneth Masters and Dhamitha Richard de Silva are the sole managers of Lateral Investment Management, LLC. As a result of the foregoing relationships, each of Lateral Investment Management, LLC, Kenneth Masters and Dhamitha Richard de Silva may be deemed to beneficially own the shares of Common Stock held by Lateral FTE Feeder LLC. |
(4) | (Continued from Footnote 3) Lateral Global Investors, LLC 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.; and Kenneth Masters and Dhamitha Richard de Silva are the sole managers of Lateral Credit Opportunities, LLC. As a result of the foregoing relationships, each of Lateral Investment Management, LLC; Lateral Credit Opportunities, LLC; Kenneth Masters and Dhamitha Richard de Silva may be deemed to beneficially own the shares of Common Stock held by Lateral U.S. Credit Opportunities Fund, L.P. |
(5) | 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. |
(6) | Held by Lateral FTE Feeder LLC, Lateral Investment Management, LLC and Lateral U.S. Credit Opportunities Fund, L.P. |
Remarks: The Reporting Persons filing this Form 4 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 94402-2672. |