13D Filing: Fir Tree and Sandridge Energy Inc (SD)

Page 5 of 9 – SEC Filing

selling of or any hedging or similar transactions with respect to the Common Stock and/or otherwise changing its intention with respect to any and all matters referred to in Item 4 of Schedule 13D. The Reporting Person may, at any time and from time to time, review or reconsider its position and/or change its purpose and/or formulate plans or proposals with respect to its investment in the Common Stock.
Except as set forth herein, the Reporting Person has no present plan or proposal that would relate to or result in any of the matters set forth in subparagraphs (a)-(j) of Item 4 of Schedule 13D.

 

Item 5. INTEREST IN SECURITIES OF THE ISSUER
(a) See rows (11) and (13) of the
cover pages to this Schedule 13D for the aggregate number of shares of Common Stock and percentages of the shares of Common
Stock beneficially owned by the Reporting Person.  The percentages used in
this Schedule 13D are calculated based upon 35,665,907 shares of Common Stock issued and outstanding as of November 14, 2017
as disclosed in that certain Agreement and Plan of Merger by and among the Issuer, Brook Merger Sub, Inc. and Bonanza Creek
Energy, Inc., dated as of November 14, 2017 attached as Exhibit 2.1 to the Issuer’s Current Report on Form 8-K filed with the
Securities and Exchange Commission on November 15, 2017, and assumes the exercise of the Warrants held by the Fir Tree Funds.
(b) See rows (7) through (10) of the cover pages to this Schedule 13D for the number of shares of Common Stock as to which each Reporting Person has the sole or shared power to vote or direct the vote and sole or shared power to dispose or to direct the disposition.
(c) Information concerning transactions in the shares of Common Stock effected by the Reporting Person during the past sixty days is set forth in Schedule B hereto and is incorporated herein by reference. All of the transactions in the shares of Common Stock listed hereto were effected in the open market through various brokerage entities.
(d) No person other than the Reporting Person and the Fir Tree Funds is known to have the right to receive, or the power to direct the receipt of dividends from, or proceeds from the sale of, the shares of Common Stock held by the Fir Tree Funds.
(e) Not applicable.

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