Page 7 of 8 – SEC Filing
customers, budgets, prospects, ownership structure, management team composition, and other ideas regarding board composition (in addition to any and/or all other matters referred to in Item 4), management, and the Reporting Persons investment in the Issuer. The Reporting Persons may discuss ideas that are consistent with, that are inconsistent with, that complement, or that diverge from, the Issuers current and future strategy and initiatives, and any and/or all other matters referred to in this Item 4.
Except to the extent the foregoing may be deemed a plan or proposal, the Reporting Persons have no plans or proposals which relate to, or could result in, any of the matters referred to in paragraphs (a) through (j), inclusive, of the instructions to Item 4 of Schedule 13D. The Reporting Persons may, at any time and from time to time, reconsider their position, and they intend to review their investment in the Issuer on a continuing basis, which could result in the Reporting Persons changing their purpose and/or formulating plans or proposals with respect thereto.
Item 5. Interest in Securities of the Issuer.
(a) As of the date hereof, the following is the beneficial ownership and percentage of the Issuers outstanding Shares held by each of the Reporting Persons:
| Name of Reporting Person |
| Number of Shares |
| Percentage |
|
|
|
|
|
|
|
|
| Catalus Capital LLC |
| 4,303,987 |
| 6.0 | % |
|
|
|
|
|
|
|
| Catalus Capital Management LLC |
| 4,303,987 |
| 6.0 | % |
|
|
|
|
|
|
|
| Michael Freeburg |
| 4,305,067 |
| 6.0 | % |
|
|
|
|
|
|
|
| Marek Olszewski |
| 4,304,387 |
| 6.0 | % |
The approximate percentage of Shares reported as beneficially owned by the Reporting Persons are based on 71,589,137 Shares outstanding as of August 9, 2017, as reported in the Issuers form 10-Q for the fiscal quarter ended June 30, 2017.
(b) The Reporting Persons have shared voting and dispositive power over the Shares as set forth.
(c) All Shares were acquired by the Reporting Persons within the past 60 days.
(d) Aside from the Reporting Persons, no persons have the right to receive, or the power to direct the receipt of dividends from, or proceeds from the sale of, the Shares reported in this Schedule 13D.
(e) Not applicable.
Item 6. Contracts, Arrangements, Understandings or Relationships with Respect to Securities of the Issuer.
Pursuant to Rule 13d-1(k) promulgated under the Exchange Act, the Reporting Persons have entered into a Joint Filing Agreement with respect to the joint filing of this statement and any amendments hereto, a copy of which is filed as Exhibit 99.1 hereto.
Other than as described in this Schedule 13D and the agreements attached hereto and incorporated herein by reference, to the best knowledge of the Reporting Persons, there are no contracts, arrangements, understandings or relationships among the Reporting Persons, or between the Reporting Persons and any other person, with respect to the securities of the Issuer.
Item 7. Material to be Filed as Exhibits.
| Exhibit No. |
| Description |
|
|
|
|
| Exhibit 99.1 |
| Joint filing Agreement by and among the Reporting Persons dated August 28, 2017. |
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