13D Filing: Viex Capital Advisors and Yume Inc (YUME)

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Page 11 of 14 SEC Filing

 
(b)
1. Sole power to vote or direct vote: 0
 
2. Shared power to vote or direct vote: 2,146,501
 
3. Sole power to dispose or direct the disposition: 0
 
4. Shared power to dispose or direct the disposition: 2,146,501
 
(c)
VSO GP II has not entered into any transactions in the Shares since the filing of Amendment No. 3.  The transactions in the Shares on behalf of VSO II since the filing of Amendment No. 3 are set forth in Schedule A and are incorporated herein by reference.
F.
VIEX Capital
 
(a)
VIEX Capital, as the investment manager of Series One, may be deemed the beneficial owner of the (i) 2,591,733 Shares owned by Series One, (ii) 561,269 Shares owned by Series Two and (iii) 2,146,501 owned by VSO II.
Percentage: Approximately 15.4%
 
(b)
1. Sole power to vote or direct vote: 0
 
2. Shared power to vote or direct vote: 5,299,503
 
3. Sole power to dispose or direct the disposition: 0
 
4. Shared power to dispose or direct the disposition: 5,299,503
 
(c)
VIEX Capital has not entered into any transactions in the Shares since the filing of the Amendment No. 3.  The transactions in the Shares on behalf of VSO II since the filing of Amendment No. 3 are set forth in Schedule A and are incorporated herein by reference.
G.
Eric Singer
 
(a)
Mr. Singer, as the managing member of VIEX GP and VIEX Capital, may be deemed the beneficial owner of the (i) 2,591,733 Shares owned by Series One, (ii) 561,269 Shares owned by Series Two and (iii) 2,146,501 owned by VSO II.
Percentage: Approximately 15.4%
 
(b)
1. Sole power to vote or direct vote: 0
 
2. Shared power to vote or direct vote: 5,299,503
 
3. Sole power to dispose or direct the disposition: 0
 
4. Shared power to dispose or direct the disposition: 5,299,503
 
(c)
Mr. Singer has not entered into any transactions in the Shares since the filing of the Amendment No. 3.  The transactions in the Shares on behalf of VSO II since the filing of Amendment No. 3 are set forth in Schedule A and are incorporated herein by reference.
The filing of this Schedule 13D shall not be construed as an admission that the Reporting Persons are, for purposes of Section 13(d) of the Securities Exchange Act of 1934, as amended, the beneficial owners of any of the Shares reported herein.  Each Reporting Person disclaims beneficial ownership of such Shares except to the extent of his or its pecuniary interest therein.

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