13D Filing: Magnetar Capital and Kate Spade & Co (KATE)

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(d)                                 Except for clients of Magnetar Financial who may have the right to receive or the power to direct the receipt of dividends from, or the proceeds from the sale of, Shares reported herein, if any, held in Managed Accounts, no other person is known by the Reporting Persons to have the right to receive or the power to direct the receipt of dividends from, or the proceeds from the sale of, any Shares that are beneficially owned by the Reporting Persons.

 

Item 6.

Contracts, Arrangements, Understandings or Relationships with Respect to the Securities of the Issuer

 

Pursuant to Rule 13d-1(k)(1) promulgated under the Securities Exchange Act of 1934, as amended, the Reporting Persons have entered into an agreement with respect to the joint filing of this Statement, and any amendment or amendments hereto.

 

The 997 Shares described herein that were sold short on behalf Magnetar Tactical Trading Master Fund and Managed Account 3 were obtained by Magnetar Tactical Trading Master Fund and the Managed Account 3 from prime brokers pursuant to customary securities lending agreements.

 

Except as otherwise described herein, no contracts, arrangements, understandings or similar relationships exist with respect to the securities of the Company among or between the Reporting Persons or any other person or entity.

 

Item 7.

Material to be Filed as Exhibits

 

Exhibit No.

 

Description

 

 

 

99.1

 

Joint Filing Agreement, dated as of May 18, 2017 among the Reporting Persons.

 

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