Page 6 of 9 – SEC Filing
Item 3. | If This Statement is filed pursuant to §§.240.13d-1(b) or 240.13d-2(b), or (c), check whether the person filing is a: |
N/A | |
Item 4. | Ownership. |
Provide the following information regarding the aggregate number and percentage of the class of securities of the issuer identified in Item 1. |
(a) | Amount beneficially owned*: |
DG
Capital Management, LLC: 1,066,200
DG
Value Partners II Master Fund, LP: 876,515
Dov
Gertzulin: 1,066,200
(b) | Percent of class: |
DG
Capital Management, LLC: 9.8%
DG
Value Partners II Master Fund, LP: 8.0%
Dov
Gertzulin: 9.8%
(c) | Number of shares as to which each person has: |
(i) | Sole DG DG Dov | |
(ii) |
Shared DG DG Dov | |
(iii) |
Sole DG DG Dov | |
(iv) |
Shared DG DG Dov |
*Shares
reported herein are held by private investment funds (the “DG Entities”) for which DG Capital Management, LLC (the
“Adviser”) serves as the investment manager. Dov Gertzulin serves as the managing member of the Adviser. By virtue
of these relationships, the Reporting Persons may be deemed to have shared voting and dispositive power with respect to the Shares
owned directly by the DG Entities. This report shall not be deemed an admission that the Reporting Persons are beneficial owners
of the Shares for purposes of Section 13 of the Securities Exchange Act of 1934, as amended, or for any other purpose. Each of
the Reporting Persons disclaims beneficial ownership of the Shares reported herein except to the extent of the Reporting Person’s
pecuniary interest therein.
The
percentages herein are calculated based upon a statement by the Issuer that there were 10,927,204 shares of Common Stock issued
and outstanding as of May 5, 2017, as disclosed in the Issuer’s Form 10-Q filed on May 12, 2017.