Page 3 of 5 – SEC Filing
This Schedule 13D Amendment No. 7 (“Amendment
No. 7”) further amends the Schedule 13D (the “Schedule 13D”) filed with the Securities and Exchange
Commission (the “SEC”) by Stephen Feinberg on December 22, 2004, the Schedule 13D Amendment No. 1 filed with
the SEC by Mr. Feinberg on July 22, 2010 (“Amendment No. 1”), the Schedule 13D Amendment No. 2 filed with the
SEC by Mr. Feinberg on September 28, 2010 (“Amendment No. 2”), the Schedule 13D Amendment No. 3 filed with the
SEC by Mr. Feinberg on October 20, 2010 (“Amendment No. 3”), the Schedule 13D Amendment No. 4 filed with the
SEC by Mr. Feinberg on April 26, 2011 (“Amendment No. 4”), the Schedule 13D Amendment No. 5 filed with the SEC
by Mr. Feinberg on January 10, 2013 (“Amendment No. 5”), and the Schedule 13D Amendment No. 6 filed with the
SEC by Mr. Feinberg on April 4, 2013 (“Amendment No. 6” and, collectively with Amendment No. 1, Amendment No.
2, Amendment No. 3, Amendment No. 4 and Amendment No. 5, the “Amendments”). Except as specifically provided
herein, this Amendment No. 7 does not modify any of the information previously reported in the Schedule 13D or the Amendments.
Capitalized terms used herein shall have the meanings ascribed to them in the Schedule 13D and the Amendments, as applicable.
Item 4. Purpose of Transaction.
Item 4 is hereby amended
by adding the following paragraph after the last paragraph thereof:
On October 23, 2017, pursuant
to the terms of an underwriting agreement dated October 18, 2017 (the “Underwriting Agreement”), Cerberus ABP sold
to BTIG, LLC (the “Underwriter”) an aggregate of 4,443,428 Shares, including the sale of 579,578 Shares pursuant to
a 30-day option that the Underwriter exercised in full on October 19, 2017. The sale occurred at a public offering price of $7.00
per share, less a 6.0% underwriting discount, for aggregate net proceeds before offering expenses to Cerberus ABP of approximately
$29.2 million.
Pursuant to the terms of
the Underwriting Agreement, the Company and its directors and executive officers have agreed, subject to certain exceptions, not
to sell or effect certain other dispositions of Shares without the prior written consent of the Underwriter during the period ending
on January 16, 2018.
A copy of the Underwriting
Agreement is incorporated by reference as Exhibit 6 to this Schedule 13D. The description of the Underwriting Agreement set forth
herein is qualified in its entirety by reference to the complete copy of the Underwriting Agreement.
Item 5. Interest in Securities of the Issuer.
Item 5 is hereby amended
by deleting it in its entirety and replacing it with the following:
Based upon the information
as set forth in the Company’s Prospectus Supplement dated October 18, 2017, as filed with the Securities and Exchange Commission
on October 19, 2017, there were 9,098,221 Shares issued and outstanding as of September 29, 2017. As of the filing date of this
Amendment No. 7 (the “Filing Date”), Cerberus ABP holds 270,398 Shares. Stephen Feinberg, through one or more intermediate
entities, possesses the sole power to vote and the sole power to direct the disposition of all securities of the Company held by
Cerberus ABP. Thus, as of the Filing Date, for the purposes of Reg. Section 240.13d-3, Mr. Feinberg is deemed to beneficially own
270,398 Shares, or approximately 3.0% of the Shares deemed issued and outstanding.
During the period commencing
60 days prior to October 23, 2017, the date of the event which required the filing of this Amendment No. 7, and ending on the Filing
Date, except as otherwise set forth in Item 4 of this Amendment No. 7, there were no transactions effected in the Shares, or securities
convertible into, exercisable for or exchangeable for the Shares, by Mr. Feinberg or any person or entity controlled by him or
any person or entity for which he possesses voting or investment control over the securities thereof.
As of October 23, 2017,
Mr. Feinberg ceased to be the beneficial owner of more than five percent of the Shares.
