13G Filing: ESW Capital, LLC and Falconstor Software Inc (FALC)

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(c)

Number of Shares as to which the person has:

(i)    Sole power to vote or
to direct the vote: See Item 5 on the cover page(s) hereto.

(ii)    Shared power to vote or to direct the vote: See
Item 6 on the cover page(s) hereto.

(iii)    Sole power to dispose or to direct the disposition of: See Item 7 on the
cover page(s) hereto.

(iv)    Shared power to dispose or to direct the disposition of: See Item 8 on the cover
page(s) hereto.

Item 5

Ownership of Five Percent or Less of a Class.

If this statement is being filed
to report the fact that as of the date hereof the reporting person has ceased to be the beneficial owner of more than five percent of the class of securities, check the following  ☐.

Not applicable.

Item 6

Ownership of More than Five Percent on behalf of Another Person.

Not
applicable.

Item 7

Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on By the Parent Holding Company.

See item 2(a).

Item 8

Identification and Classification of Members of the Group.

Not
applicable.

Item 9

Notice of Dissolution of Group.

Not applicable.

Item 10

Certification.

By signing below I certify that, to the best of my knowledge and
belief, the securities referred to above were acquired and are held in the ordinary course of business and were not acquired and are not held for the purpose of or with the effect of changing or influencing the control of the issuer of the
securities and were not acquired and are not held in connection with or as a participant in any transaction having that purpose or effect.

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