13D Filing: Starboard Value LP and Depomed Inc (NASDAQ:DEPO)

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Page 18 of 25 – SEC Filing

Item 5.
Interest in Securities of the Issuer.
 
Items 5(a) – (c) are hereby amended and restated to read as follows:
The aggregate percentage of Shares reported owned by each person named herein is based upon 62,099,557 Shares outstanding, as of February 21, 2017, which is the total number of Shares outstanding as reported in the Issuer’s Annual Report on Form 10-K filed with the Securities and Exchange Commission on February 24, 2017.
A.
Starboard V&O Fund
 
(a)
As of the close of business on March 29, 2017, Starboard V&O Fund beneficially owned 4,233,717 Shares, including 194,730 Shares underlying certain forward purchase contracts.
Percentage: Approximately 6.8%
 
(b)
1. Sole power to vote or direct vote: 4,233,717
 
2. Shared power to vote or direct vote: 0
 
3. Sole power to dispose or direct the disposition: 4,233,717
 
4. Shared power to dispose or direct the disposition: 0
 
(c)
The transactions in the Shares by Starboard V&O Fund during the past sixty days are set forth in Schedule B and are incorporated herein by reference.
B.
Starboard S LLC
 
(a)
As of the close of business on March 29, 2017, Starboard S LLC beneficially owned 499,512 Shares.
Percentage: Less than 1%
 
(b)
1. Sole power to vote or direct vote: 499,512
 
2. Shared power to vote or direct vote: 0
 
3. Sole power to dispose or direct the disposition: 499,512
 
4. Shared power to dispose or direct the disposition: 0
 
(c)
The transactions in the Shares by Starboard S LLC during the past sixty days are set forth in Schedule B and are incorporated herein by reference.

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