Page 9 of 17 – SEC Filing
The following
constitutes Amendment No. 7 to the Schedule 13D filed by the undersigned (“Amendment No. 7”). This Amendment No. 7
amends the Schedule 13D as specifically set forth herein. As of the close of business on August 21, 2017, the Reporting Persons
collectively owned an aggregate of 3,051,892 Shares, constituting approximately 6.1% of the Shares outstanding.
Item 3. | Source and Amount of Funds or Other Consideration. |
Item 3 is hereby amended
and restated to read as follows:
The Shares purchased
by each of Harvest Small Cap Master, Harvest Small Cap and HSCP Strategic were purchased with working capital (which may, at any
given time, include margin loans made by brokerage firms in the ordinary course of business) in open market purchases, except
as otherwise noted, as set forth in Schedule B, which is incorporated by reference herein. The aggregate purchase price of
the 1,120,420 Shares beneficially owned by Harvest Small Cap Master is approximately $18,312,700, including brokerage commissions. The
aggregate purchase price of the 670,140 Shares beneficially owned by Harvest Small Cap is approximately $10,805,979, including
brokerage commissions. The aggregate purchase price of the 1,168,332 Shares beneficially owned by HSCP Strategic is
approximately $25,747,791, including brokerage commissions. The Shares held in the Osher Family Accounts were purchased in the
open market with personal funds. The aggregate purchase price of the 87,500 Shares held in the Osher Family Accounts is approximately
$1,384,715, including brokerage commissions. The aggregate purchase price of the 5,500 Shares beneficially owned by Mr. Baum is
approximately $96,330, including brokerage commissions.
Item 5. | Interest in Securities of the Issuer. |
Items 5(a) –
(c) are hereby amended and restated to read as follows:
The aggregate percentage
of Shares reportedly owned by each person named herein is based upon 50,455,565 Shares outstanding, as of July 31, 2017, which
is the total number of Shares outstanding as reported in the Issuer’s Quarterly Report on Form 10-Q filed with the Securities
and Exchange Commission on August 9, 2017.
A. | Mr. Osher |
(a) | As of the close of business on August 21, 2017, 87,500 Shares were held in the Osher Family Accounts, which Mr. Osher may be deemed to beneficially own. In addition, Mr. Osher, as the portfolio manager of each of Harvest Small Cap Master, Harvest Small Cap and HSCP Strategic and as a managing director of Harvest Capital, may be deemed the beneficial owner of the (i) 1,120,420 Shares owned by Harvest Small Cap Master, (ii) 670,140 Shares owned by Harvest Small Cap and (iii) 1,168,332 Shares owned by HSCP Strategic. |
Percentage: Approximately
6.0%
(b) | 1. Sole power to vote or direct vote: 3,046,392 2. Shared power to vote or direct vote: 0 3. Sole power to dispose or direct the disposition: 3,046,392 4. Shared power to dispose or direct the disposition: 0 |
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