Page 6 of 9 – SEC Filing
Amendment No. 9 to Schedule 13D
The following constitutes Amendment No. 9 to the Schedule 13D filed by the undersigned (Amendment No. 9). This Amendment No. 9
amends the Schedule 13D as specifically set forth herein.
All capitalized terms contained herein but not otherwise defined shall have the meanings
ascribed to such terms in the Schedule 13D, as amended. Information given in response to each item shall be deemed incorporated by reference in all other items, as applicable.
| ITEM 2. | IDENTITY AND BACKGROUND |
Item 2 of the Schedule 13D is hereby amended and restated as follows:
(a) The persons filing this Schedule 13D (collectively, the Reporting Persons) are:
| 1. | Scopia Capital Management LP (Scopia Capital) |
| 2. | Scopia Management, Inc. (Scopia Management) |
| 3. | Matthew Sirovich |
| 4. | Jeremy Mindich |
(b) The business address or address of its principal office, as applicable, of the Reporting
Persons is:
152 West 57th St., 33rd Floor
New York, NY
10019
(c) Each of the Reporting Persons is engaged in the business of investing. Scopia Capitals principal business is serving as investment manager
to certain private investment funds and a certain managed account (collectively, the Investment Vehicles). Scopia Managements principal business is serving as the general partner of Scopia Capital. The principal business of each of
Messrs. Sirovich and Mindich is serving as a Managing Director of Scopia Management.
(d) and (e) During the past five years, none of the Reporting
Persons nor any of the Investment Vehicles has been (i) convicted in a criminal proceeding (excluding traffic violations or similar misdemeanors) or (ii) a party to a civil proceeding of a judicial or administrative body of competent
jurisdiction and as a result of such proceeding was or is subject to a judgment, decree or final order enjoining future violations of, or prohibiting or mandating activities subject to, federal or state securities laws or finding any violation with
respect to such laws.
(f) The citizenship with respect to a natural person or state of organization with respect to an entity, as applicable, of the
Reporting Persons is as follows:
| 1. | Scopia Capital Delaware |
| 2. | Scopia Management New York |
| 3. | Matthew Sirovich United States |
| 4. | Jeremy Mindich United States |
| ITEM 3. | SOURCE AND AMOUNT OF FUNDS OR OTHER CONSIDERATION |
Item 3 of the Schedule 13D is hereby amended and
restated as follows:
The aggregate purchase price of the shares of common stock, no par value per share, of the Issuer (Common Stock) directly
held by the Investment Vehicles reported herein was $157,267,595.91. The shares of Common Stock directly held by the Investment Vehicles were purchased with the working capital of the Investment Vehicles (which may, at any given time, include margin
loans made by brokerage firms in the ordinary course of business). All shares of Common Stock reported herein were purchased in open market transactions through a broker unless as otherwise previously disclosed in this Schedule 13D, as amended.
