13D Filing: North Tide Capital and Tivity Health Inc. (NASDAQ:TVTY)

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Page 8 of 11 – SEC Filing

A.
Master Fund
 
(a)
As of the close of business on March 1, 2017, Master Fund beneficially owned 1,750,000 Shares.
Percentage: Approximately 4.5%.
 
(b)
1. Sole power to vote or direct vote: 0
 
2. Shared power to vote or direct vote: 1,750,000
 
3. Sole power to dispose or direct the disposition: 0
 
4. Shared power to dispose or direct the disposition: 1,750,000
 
(c)
The transactions in the Shares by Master Fund during the past sixty days are set forth in Schedule A and are incorporated by reference herein.
B.
Opportunities Fund
 
(a)
As of the close of business on March 1, 2017, Opportunities Fund beneficially owned 250,000 Shares.
Percentage: Less than 1%.
 
(b)
1. Sole power to vote or direct vote: 0
 
2. Shared power to vote or direct vote: 250,000
 
3. Sole power to dispose or direct the disposition: 0
 
4. Shared power to dispose or direct the disposition: 250,000
 
(c)
Opportunities Fund has not entered into any transactions in the Shares during the past sixty days.
C.
North Tide
 
(a)
North Tide, as the investment manager of each of Master Fund, Opportunities Fund and the Account, may be deemed the beneficial owner of the (i) 1,750,000 Shares owned by Master Fund; (ii) 250,000 Shares owned by Opportunities Fund; and (iii) 500,000 Shares held in the Account as of the close of business on March 1, 2017.
Percentage: Approximately 6.4%.
 
(b)
1. Sole power to vote or direct vote: 0
 
2. Shared power to vote or direct vote: 2,500,000
 
3. Sole power to dispose or direct the disposition: 0
 
4. Shared power to dispose or direct the disposition: 2,500,000
 
(c)
The transactions in the Shares by North Tide through the Account and on behalf of Master Fund during the past sixty days are set forth in Schedule A and are incorporated by reference herein.

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