Page 2 of 8 – SEC Filing 1 NAME OF REPORTING PERSONS
Cyrus Capital Partners, L.P.
2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) ¨
(b) ☒
3 SEC USE ONLY
4 SOURCE OF FUNDS
AF
5 CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDING IS REQUIRED PURSUANT TO ITEM 2(d) or 2(e) ¨ 6 CITIZENSHIP OR PLACE OF ORGANIZATION
Delaware
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON WITH 7 SOLE VOTING POWER
0
8 SHARED VOTING POWER
12,016,565*
9 SOLE DISPOSITIVE POWER
0
10 SHARED DISPOSITIVE POWER
12,016,565*
11 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH PERSON
12,016,565*
12 CHECK IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES ¨ 13 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) (see Item
5)
16.9%**
14 TYPE OF REPORTING PERSON
PN/IA
* The number of shares reported
in this Schedule 13D/A reflects: (i) the stock dividend of 0.01
share of Class A Common Stock paid on December 17, 2015 for each share of Class A Common Stock held by the Reporting Persons
as of the record date of December 3, 2015 (the “Stock Dividend“) and (ii) the 1-for-6 reverse stock split
effective on June 13, 2016 (the “Reverse Stock Split“). Includes 13,851,382 Warrants to purchase 2,636,376
shares of Class A Common Stock (see Item 6). However, the Warrants may be exercised subject to certain restrictions set forth in the terms of the Warrants and the Issuer’s organizational
documents.
** The applicable percentage beneficially
owned by the Reporting Persons as shown herein is computed based on an aggregate of 68,569,517 shares of Class A Common Stock
outstanding as of June 21, 2016 according to information provided by the Issuer to the Reporting Persons in writing.
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1 | NAME OF REPORTING PERSONS Cyrus Capital Partners, L.P. | ||
2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP | (a) ¨ (b) ☒ | |
3 | SEC USE ONLY | ||
4 | SOURCE OF FUNDS AF | ||
5 | CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDING IS REQUIRED PURSUANT TO ITEM 2(d) or 2(e) | ¨ | |
6 | CITIZENSHIP OR PLACE OF ORGANIZATION Delaware | ||
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH | 7 | SOLE VOTING POWER 0 | |
8 | SHARED VOTING POWER 12,016,565* | ||
9 | SOLE DISPOSITIVE POWER 0 | ||
10 | SHARED DISPOSITIVE POWER 12,016,565* | ||
11 | AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH PERSON 12,016,565* | ||
12 | CHECK IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES | ¨ | |
13 | PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) (see Item 16.9%** | ||
14 | TYPE OF REPORTING PERSON PN/IA | ||
* The number of shares reported
in this Schedule 13D/A reflects: (i) the stock dividend of 0.01
share of Class A Common Stock paid on December 17, 2015 for each share of Class A Common Stock held by the Reporting Persons
as of the record date of December 3, 2015 (the “Stock Dividend“) and (ii) the 1-for-6 reverse stock split
effective on June 13, 2016 (the “Reverse Stock Split“). Includes 13,851,382 Warrants to purchase 2,636,376
shares of Class A Common Stock (see Item 6). However, the Warrants may be exercised subject to certain restrictions set forth in the terms of the Warrants and the Issuer’s organizational
documents.
** The applicable percentage beneficially
owned by the Reporting Persons as shown herein is computed based on an aggregate of 68,569,517 shares of Class A Common Stock
outstanding as of June 21, 2016 according to information provided by the Issuer to the Reporting Persons in writing.