Page 6 of 9 – SEC Filing
| As of the date hereof, Elliott beneficially owned 591,259 shares of Common Stock, including 48,188 shares of Common Stock underlying Physical Derivative Agreements that Elliott may be deemed to beneficially own upon satisfaction of certain conditions, constituting 1.3% of the shares of Common Stock outstanding. |
| As of the date hereof, Elliott International beneficially owned 1,256,419 shares of Common Stock, including 102,392 shares of Common Stock underlying Physical Derivative Agreements that Elliott International may be deemed to beneficially own upon satisfaction of certain conditions, constituting 2.7% of the shares of Common Stock outstanding. EICA, as the investment manager of Elliott International, may be deemed to beneficially own the 1,256,419 shares of Common Stock beneficially owned by Elliott International, constituting 2.7% of the shares of Common Stock outstanding. |
| (c) The transactions in the Common Stock effected by the Reporting Persons since the filing of Amendment No. 2 are set forth on Schedule 1 attached hereto. |
| (e) February 21, 2019. |
| Item 6. | CONTRACTS, ARRANGEMENTS, UNDERSTANDINGS OR RELATIONSHIPS WITH RESPECT TO SECURITIES OF THE ISSUER |
| Item 6 of the Schedule 13D is hereby amended and restated as follows: |
| Elliott and Elliott International have entered into notional principal amount derivative agreements in the form of physically settled swaps (the “Physical Derivative Agreements“) with respect to 48,188 and 102,392 shares of Common Stock of the Issuer, respectively, that the Reporting Persons may be deemed to beneficially own upon satisfaction of certain conditions. Collectively, the Physical Derivative Agreements held by the Reporting Persons represent economic exposure comparable to an interest in approximately 0.3% of the shares of Common Stock. The counterparties to the Physical Derivative Agreements are unaffiliated third party financial institutions. |
| Elliott, through The Liverpool Limited Partnership, a Bermuda limited partnership and a wholly-owned subsidiary of Elliott, and Elliott International have entered into notional principal amount derivative agreements in the form of cash settled swaps (the “Cash Derivative Agreements“) with respect to 209,724 and 445,661 shares of Common Stock of the Issuer, respectively (representing economic exposure comparable to approximately 0.5% and 1.0% of the shares of Common Stock of the Issuer, respectively). Collectively, the Cash Derivative Agreements held by the Reporting Persons represent economic exposure comparable to an interest in approximately 1.4% of the shares of Common Stock. The Cash Derivative Agreements provide Elliott and Elliott International with economic results that are comparable to the economic results of ownership but do not provide them with the power to vote or direct the voting or dispose of or direct the disposition of the shares that are referenced in the Cash Derivative Agreements (such shares, the “Subject Shares“). The Reporting Persons disclaim beneficial ownership in the Subject Shares. The counterparties to the Cash Derivative Agreements are unaffiliated third party financial institutions. |
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