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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) | $ 10 | 10/17/2017 | J(1) | 140,000 | (1) | (1) | Common Stock | 140,000 | (1) | 2,462,565 (1) (2) | I | Held by Lateral U.S. Credit Opportunities Fund, L.P. (2) | |||
Warrant (right to buy) | $ 10 | 11/03/2017 | J(1) | 20,000 | (1) | (1) | Common Stock | 20,000 | (1) | 2,482,565 (1) (2) | I | Held by Lateral U.S. Credit Opportunities Fund, L.P. (2) |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
LATERAL INVESTMENT MANAGEMENT, 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 | |||
de Silva Richard 1825 SOUTH GRANT STREET, SUITE 210 SAN MATEO, CA 94402-2672 |
X | |||
Feeney Patrick James 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 |
Dhamitha Richard de Silva | 11/16/2017 | |
**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 October 17, 2017, the reporting persons named herein (the "Reporting Persons") obtained the contractual right to acquire warrants to purchase 140,000 shares of the Issuer's Common Stock and as a result became the beneficial owner in the aggregate of 2,462,565 shares of the Issuer's Common Stock in connection with the lending arrangement described in the Issuer's Form 8-K filed on November 3, 2015. On November 3, 2017, the Reporting Persons obtained another contractual right to acquire warrants to purchase 20,000 shares of the Issuer's Common Stock and as a result became the beneficial owner in the aggregate of 2,482,565 shares of the Issuer's Common Stock in connection with the lending arrangement described in the Issuer's Form 8-K filed on November 3, 2015. As of the date of this filing, the warrants described here have yet to be issued. |
(2) | Following the transactions described in Footnote 1, the right to receive the warrants reported herein is held by Lateral U.S. Credit Opportunities Fund, L.P. Lateral Investment Management, 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 Dhamitha Richard de Silva, Patrick Feeney and Kenneth Masters 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; Dhamitha Richard de Silva, Patrick Feeney and Kenneth Masters may be deemed to beneficially own the shares of Common Stock held by 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 U.S. Credit Opportunities Fund, L.P.; Lateral Credit Opportunities, LLC; Dhamitha Richard de Silva; Patrick Feeney; and Kenneth Masters. The address of each of the Reporting Persons is 1825 South Grant Street, Suite 210, San Mateo, CA 94402-2672. |