Page 7 of 10 – SEC Filing
Page 6 of 8
Item 4. Purposes of Transaction.
Item
4 is hereby amended to add the following:
The Reporting Persons sold 5,060,628 shares of Common Stock to the Issuer on April 28, 2017.
Following this transaction, the Reporting Persons currently intend to hold their remaining stake of 8,500,000 shares of Common Stock. The Reporting Persons continue to be optimistic about the Issuers prospects.
Item 5. Interest in Securities of the Issuer.
Item 5 is hereby amended and restated in its entirety as follows:
The information set forth in Item 4 of this Statement is hereby incorporated by reference into this Item 5. As of April 28, 2017, the Reporting
Persons beneficially own an aggregate of 8,500,000 shares of Common Stock, or approximately 9.94% of the 85,549,339 shares of Common Stock outstanding as of April 21, 2017, as reported in the Issuers quarterly report on Form 10-Q for the
quarterly period ended March 31, 2017 (after giving further effect to the Issuers repurchase of shares from the Reporting Persons). These shares of Common Stock include shares of Common Stock received by the H Partners Entities in
connection with the Issuers emergence from bankruptcy and subsequently transferred between investment funds, and shares of Common Stock transferred to investment funds that are managed by H Management.
(a) and (b)
1) H LP
directly beneficially owns 5,552,683 shares of Common Stock, constituting approximately 6.49% of the Common Stock outstanding. As of the date of this filing, H LP has sole voting power and sole investment power with respect to all the shares of
Common Stock referred to in the previous sentence.
2) H Capital, as the general partner of H LP, may be deemed to beneficially
own 5,552,683 shares of Common Stock, constituting approximately 6.49% of the Common Stock outstanding. H Capital may be deemed to have sole voting power and sole investment power with respect to all the shares of Common Stock referred to in
the previous sentence.
3) H Management, as the investment manager of H Capital, H Offshore and Phoenix Capital, may be deemed
to beneficially own 8,500,000 shares of Common Stock, constituting approximately 9.94% of the Common Stock outstanding. H Management may be deemed to have sole voting power and sole investment power with respect to all the shares of Common
Stock referred to in the previous sentence.
4) Jaffer, as the managing member of H Management, H Capital and Phoenix Capital,
may be deemed to beneficially own 8,500,000 shares of Common Stock, constituting approximately 9.94% of the Common Stock outstanding. Jaffer may be deemed to have sole voting power and sole investment power with respect to all the shares of Common
Stock referred to in the previous sentence.
Neither the filing of this Statement nor any of its contents shall be deemed to constitute an
admission that any Reporting Person is the beneficial owner of any Common Stock referred to in this Statement for the purposes of Section 13(d) of the Act or for any other purpose, and such beneficial ownership is expressly disclaimed.
(c) Except as stated in Item 3 and Item 4 herein, there have been no other transactions in the securities of the Issuer effected by the
Reporting Persons in the last 60 days.
