Page 4 of 5 – SEC Filing
Amendment No. 6 to Schedule 13D
The Schedule 13D filed with the Securities and Exchange Commission on October 21, 2008, as amended and supplemented by Amendment No. 1 filed with the Securities and Exchange Commission on July 9, 2010, Amendment No. 2 filed with the Securities and Exchange Commission on December 3, 2010, Amendment No. 3 filed with the Securities Exchange Commission on May 25, 2011, Amendment No. 4 filed with the Securities Exchange Commission on August 12, 2013, and Amendment No. 5 filed with the Securities Exchange Commission on March 7, 2017. The original Schedule 13D and all amendments thereto are collectively referred to as the “Schedule 13D”.
This Amendment No. 6 to Schedule 13D (this “Amendment”) is filed by the Reporting Persons in accordance with Rule 13d-2 of the Securities Exchange Act of 1934, as amended, and refers only to information that has materially changed since the filing of the Schedule 13D. Pursuant to this Amendment, the items identified below, or the particular paragraphs of such items which are identified below, are amended as set forth below. Except as set forth in this Amendment, Schedule 13D is not being amended and remains in full force. Unless otherwise indicated, all capitalized terms used and not defined herein have the respective meanings assigned to them in Schedule 13D.
Pursuant to this Amendment, Item 5 and Item 7 is hereby amended as follows:
Item 5.Interest in Securities of the Issuer.
(a) – (b)The Reporting Persons, collectively, beneficially own the following Units of the Issuer as of April 1, 2017:
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| Class of Units | Aggregate Number Owned | Percentage |
| Class A Units | 24,475,824+ | 38.89%+ |
| Class B Units | 15,000,000 | 100.00% |
| Total Units | 39,475,824 | 50.65% |
Project Viking may be deemed to beneficially own and share the power to vote, direct the vote, dispose or direct the disposition of the 39,420,949 Units, comprised of 24,420,949 Class A Units and 15,000,000 Class B Units of the Issuer, that are beneficially directly owned by Project Viking. Pursuant to Rule 13d-3 of the rules and regulations promulgated by the Securities and Exchange Commission pursuant to the Exchange Act, GFE may be deemed to beneficially own and have the sole power to vote, direct the vote, dispose or direct the disposition of the 54,875 Class A Units beneficially directly owned by GFE and the 39,420,949 Units beneficially directly owned by Project Viking by virtue of being the sole holder of 100% of the membership interests of Project Viking.
All information as to percentage ownership of the Issuer’s Units set forth in this Amendment is based on 77,932,107 Units of the Issuer issued and outstanding as of February 28, 2017, consisting of 62,932,107 Class A Units and 15,000,000 Class B Units, as reported in the Issuer’s in its Form 10Q for the quarterly period ended January 31, 2017 and filed with the Securities and Exchange Commission on March 17, 2017.
The individual governors and executive officers of the Reporting Persons disclaim beneficial ownership of the Units that are, or may be deemed to be, beneficially owned by the Reporting Persons. This report shall not be construed as an admission that such persons are the beneficial owners of such Units for any purpose.
(c)Since the last filing of this Schedule 13D on March 7, 2017, the following Units of Issuer were acquired:
Effective as of April 1, 2017, GFE acquired a total of 54,875 Class A Units of the Issuer in a private transaction at a price of $0.85 per unit. The purchase of these Class A Units was subject to approval by the Issuer’s board of governors, which approved the purchase and transfer of the Units effective as of April 1, 2017.
