Page 10 of 14 – SEC Filing
Item 5. Interest in Securities of the Issuer
Item 5 of the initial Schedule 13D is
hereby amended by deleting it in its entirety and substituting the following in lieu thereof:
(a) As of the Filing Date, Brigade beneficially
owns 4,090,306 shares of Common Stock (excluding the shares of Common Stock subject to the Listed Equity Call Option and the 2018
OTC Equity Call Option), of which 3,531,735 shares of Common Stock are owned by LCS, 510,571 shares of Common Stock are owned by
DSTR and 48,000 shares of Common Stock are owned by EQTY.
On January 19, 2018,
the OTC Equity Call Option expired and terminated. Following the expiration and termination of the OTC Equity Call Option, in January,
2018, LCS entered into a series of call option agreements (collectively, the “2018 OTC Equity Call Option Agreement”)
with Nomura Securities International Inc. pursuant to which LCS acquired call options that give LCS the right to purchase up to
600,000 shares of Common Stock in the aggregate at an exercise price of $7.50 per share (the “2018 OTC Equity Call Option”).
The 2018 OTC Equity Call Option will expire and terminate on May 18, 2018, and is exercisable at LCS’s election any time on or
prior to its expiration.
Together with the shares of Common Stock
subject to the Listed Equity Call Option and 2018 OTC Equity Call Option, the Reporting Persons are therefore deemed to beneficially
own 5,190,306 shares of Common Stock in the aggregate, 4,631,735 shares of Common Stock by LCS, 510,571 shares of Common Stock
by DSTR and 48,000 shares of Common Stock by EQTY, representing approximately 5.97% in the aggregate, and 5.33%, 0.59% and 0.06%
by LCS, DSTR and EQTY, respectively, of the issued and outstanding shares of the Common Stock of the Issuer as of December 26,
2017.
(b) Brigade, as the investment manager
of LCS, DSTR and EQTY, has the shared power to vote and dispose of the 5,190,306 shares of Common Stock described in the Amendment.
(c) Schedule II annexed hereto lists
all transactions in the securities of the Issuer by the Reporting Persons since December 27, 2017, the filing date of the initial
Schedule 13D. All such transactions were effected in the open market. Except as described in this Amendment, during the period
from December 27, 2017 through and including February 1, 2018, there were no other purchases or sales of Common Stock, or securities
convertible into or exchangeable for Common Stock, by the Reporting Persons or any person or entity for which the Reporting Persons
possess voting or dispositive control over the securities thereof.
(d) To the knowledge of the Reporting
Persons, no other person named or incorporated by reference in Item 2 of the Schedule 13D has the right to receive or the power
to direct the receipt of dividends from, or the proceeds from the sale of, shares of Common Stock.
(e) Not applicable.
Item 6. Contracts, Arrangements, Understandings or Relationships
with Respect to Securities of the Issuer
The disclosure in
Item 5 relating to the 2018 OTC Equity Call Option Agreement is incorporated into this Item 6 by reference.
Except as set forth herein, there are no contracts,
arrangements, understandings or relationships between the Reporting Persons and any other person with respect to the Common Stock.
Item 7. Material to be Filed as Exhibits
Exhibit A: Joint Filing Agreement, dated as
of February 1, 2018
