Page 6 of 8 – SEC Filing
This Amendment No. 1 (“Amendment No. 1”) amends
and supplements the statement on the Schedule 13D filed with the SEC on December 14, 2015 (the “Original Schedule 13D,”
together with this Amendment No.1, the “Schedule 13D”) with respect to the common stock, par value $0.001 (the
“Common Stock”), of Cutera, Inc., a Delaware corporation (the “Issuer”). Capitalized terms
used herein and not otherwise defined in this Amendment No. 1 have the meanings set forth in the Original Schedule 13D. This Amendment
No. 1 amends Items 3and 5 as set forth below.
Item 3. | SOURCE AND AMOUNT OF FUNDS OR OTHER CONSIDERATION |
Item 3 of the Schedule 13D is hereby amended and restated in its entirety as follows: | |
The shares of Common Stock beneficially owned by Voce Capital Management were purchased with working capital (which may, at any given time, include margin loans made by brokerage firms in the ordinary course of business) in open market purchases. The aggregate purchase price of the shares of Common Stock beneficially owned by Voce Capital Management is approximately $5,022,270, excluding brokerage commissions. |
Item 5. | INTEREST IN SECURITIES OF THE ISSUER |
Paragraphs (a) and (c) of Item 5 of the Schedule 13D are hereby amended and restated in their entirety, and Item 5(e) is hereby added, as follows: | |
(a) The aggregate percentage of shares of Common Stock reported owned by each person named herein is based upon 13,866,428 shares of Common Stock outstanding as of February 28, 2017, as reported in the Issuer’s Annual Report on Form 10-K, filed with the Securities and Exchange Commission on March 15, 2017 (the “10-K”). | |
As of the close of business on March 22, 2017, Voce Capital Management beneficially owned 477,031 shares of Common Stock, constituting approximately 3.4% of the shares of Common Stock outstanding. Voce Capital, as the sole managing member of Voce Capital Management, may be deemed to beneficially own the 477,031 shares of Common Stock beneficially owned by Voce Capital Management, constituting approximately 3.4% of the Shares outstanding. Mr. Plants, as the sole managing member of Voce Capital, may be deemed to beneficially own the 482,581 shares of Common Stock Shares beneficially owned by Voce Capital Management, constituting approximately 3.5% of the Common Stock outstanding. As of the close of business on March 22, 2017, the Reporting Persons collectively beneficially owned an aggregate of 482,581 shares of Common Stock, constituting approximately 3.5% of the Common Stock outstanding. This includes 5,550 shares of Common Stock held directly by Mr. Plants. | |
Each Reporting Person disclaims beneficial ownership with respect to any shares of the shares of Common Stock other than the shares owned directly and of record by such Reporting Person. | |
(c) The following Reporting Person engaged in the following open market transactions with respect to the Issuer’s Common Stock during the last 60 days: |