Page 6 of 9 – SEC Filing
CUSIP No. 65341D102 | 13D | Page 5 of 6 |
SCHEDULE 13D/A
This Amendment No. 9 (this Amendment) is being filed on behalf of Highland Capital Management, L.P., a Delaware limited
partnership (Highland Capital), NexPoint Advisors, L.P., a Delaware limited partnership (NexPoint Advisors), James D. Dondero and Nancy Marie Dondero (collectively, the Reporting Persons), and amends the Schedule
13D filed on March 26, 2015, as subsequently amended on April 14, 2015, as subsequently amended on April 23, 2015, as subsequently amended on April 24, 2015, as subsequently amended on September 2, 2015, as subsequently
amended on October 19, 2015, as subsequently amended on July 22, 2016, as subsequently amended on October 20, 2016 and as subsequently amended on April 17, 2017. This Amendment updates the stock ownership information for the
Schedule 13D. The Schedule 13D is supplementally amended as follows.
Item 3. Source and Amount of Funds.
The Reporting Persons received an aggregate of 2,470,129 shares of Common Stock, par value $0.01 per share (the Common Stock) in
connection with the consummation of the separation of the Issuer from NexPoint Credit Strategies Fund (the Spin-Off). As of March 19, 2018, the Reporting Persons had purchased additional
shares of Common Stock with working capital in open market purchases for an aggregate purchase price of approximately $31,751,455.81.
Item 5.
Interest in Securities of the Issuer.
(a) As of March 19, 2018, (i) Highland Capital may be deemed to beneficially own
2,392,678.03 shares of Common Stock, which represents approximately 11.47% of the outstanding Common Stock, (ii) NexPoint Advisors may be deemed to beneficially own 20,840 shares of Common Stock, which represents approximately 0.10% of the
outstanding Common Stock, (iii) James D. Dondero may be deemed to beneficially own 4,175,618.11 shares of Common Stock, which represents approximately 20.01% of the outstanding Common Stock, and (iv) Nancy Marie Dondero, in her capacity of
trustee of a trust, may deemed to beneficially own 1,627,511.88 shares of Common Stock, which represents approximately 7.84% of the outstanding Common Stock. James D. Dondero has the right to acquire beneficial ownership of the 1,627,511.88 shares
of Common Stock owned by the trust referred to in the preceding sentence.
(b)
Name of Reporting Person | Sole Voting Power | Shared Voting Power | Sole Dispositive Power | Shared Dispositive Power | ||||||||||||
Highland Capital Management, L.P. (1) | 1,125,001.26 | 1,267,676.77 | 1,125,001.26 | 1,267,676.77 | ||||||||||||
NexPoint Advisors, L.P. (2) | 0 | 20,840.00 | 0 | 20,840.00 | ||||||||||||
James D. Dondero (3) | 71,580.19 | 4,104,037.92 | 71,580.19 | 4,104,037.92 | ||||||||||||
Nancy Marie Dondero (4) | 1,627,511.88 | 7,500 | 1,627,511.88 | 7,500 |
(1) | These shares are held by Highland Capital both directly and indirectly through advised accounts. Mr. Dondero is the President and the director of Strand Advisors, Inc., Highland Capitals general partner, and may be deemed to be an indirect beneficial owner of the shares held by Highland Capital. |
(2) | These shares are held by NexPoint Advisors indirectly through an advised account. Mr. Dondero is the sole member of NexPoint Advisors general partner, and may be deemed to be an indirect beneficial owner of shares held by NexPoint Advisors. |
(3) | These shares are held by Mr. Dondero both directly and indirectly through Highland Capital and NexPoint Advisors (as described in footnotes (1) and (2) above), an employee benefit plan and a trust. Also includes shares that Mr. Dondero has the right to acquire beneficial ownership of that are held by the trust referred to in Item 5(a), for which he does not serve as trustee. Mr. Dondero is the President and the director of Strand Advisors, Inc., Highland Capitals general partner, and may be deemed to be an indirect beneficial owner of the shares held by Highland Capital. Mr. Dondero is also the sole member of NexPoint Advisors general partner, and may be deemed to be an indirect beneficial owner of shares held by NexPoint Advisors. Mr. Dondero disclaims beneficial ownership of such shares. |
(4) | Includes shares that Ms. Dondero may be deemed to beneficially own as the trustee of the trust referred to in Item 5(a). Ms. Dondero is the sister of Mr. Dondero. |