Page 16 of 21 – SEC Filing
(e) x An investment advisor in accordance with §240.13d-1(b)(1)(ii)(E). (f) ¨ An employee benefit plan or endowment fund in accordance with §240.13d-1(b)(1)(ii)(F). (g) x A parent holding company or control person in accordance with §240.13d-1(b)(1)(ii)(G). (h) ¨ A savings association as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813). (i) ¨ A church plan that is excluded from the definition of an investment company under Section 3(c)(14) of the Investment Company Act of 1940 (15 U.S.C. 80a-3). (j) ¨ Group, in accordance with §240.13d-1(b)(1)(ii)(J).
Item 4 Ownership.
(a) The Small-Cap Fund may be deemed the beneficial owner of 37,000 shares of Common Stock that it holds directly. Highland Fund Advisors, as the investment advisor to the Small-Cap Fund, and Strand XVI, as the general
partner of Highland Fund Advisors, may be deemed the beneficial owners of the 37,000 shares of Common Stock held by the Small-Cap Fund.
The Credit Fund may be deemed the beneficial owner of 2,600,000 shares of Common Stock that it holds directly, which consist of 2,600,000
shares of Common Stock receivable upon exercise of presently exercisable call options which expire September 16, 2016 and have an exercise price of $32. NexPoint, as the investment advisor to the Credit Fund, and NexPoint GP, as the general
partner of NexPoint, may be deemed the beneficial owners of the 2,600,000 shares of Common Stock held by the Credit Fund.
The Select Fund
may be deemed the beneficial owner of 3,277,900 shares of Common Stock that it holds directly, which consist of 128,000 shares of Common Stock and 3,149,900 shares of Common Stock receivable upon exercise of presently exercisable call options which
expire September 16, 2016 and have an exercise price of $32. Select GP, as the general partner of the Select Fund, Select LLC, as the general partner of Select GP, Highland Capital, as the sole member of Select LLC, and Strand, as the general
partner of Highland Capital, may be deemed the beneficial owners of the 3,277,900 shares of Common Stock held by the Select Fund.
Mr. Dondero may be deemed the beneficial owner of the 5,914,900 shares of Common Stock held by the Funds, which consist of 165,000 shares
of Common Stock and 5,749,900 shares of Common Stock receivable upon exercise of presently exercisable call options which expire September 16, 2016.
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| (e) | x | An investment advisor in accordance with §240.13d-1(b)(1)(ii)(E). | ||
| (f) | ¨ | An employee benefit plan or endowment fund in accordance with §240.13d-1(b)(1)(ii)(F). | ||
| (g) | x | A parent holding company or control person in accordance with §240.13d-1(b)(1)(ii)(G). | ||
| (h) | ¨ | A savings association as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813). | ||
| (i) | ¨ | A church plan that is excluded from the definition of an investment company under Section 3(c)(14) of the Investment Company Act of 1940 (15 U.S.C. 80a-3). | ||
| (j) | ¨ | Group, in accordance with §240.13d-1(b)(1)(ii)(J). | ||
| Item 4 | Ownership. |
| (a) | The Small-Cap Fund may be deemed the beneficial owner of 37,000 shares of Common Stock that it holds directly. Highland Fund Advisors, as the investment advisor to the Small-Cap Fund, and Strand XVI, as the general partner of Highland Fund Advisors, may be deemed the beneficial owners of the 37,000 shares of Common Stock held by the Small-Cap Fund. |
The Credit Fund may be deemed the beneficial owner of 2,600,000 shares of Common Stock that it holds directly, which consist of 2,600,000
shares of Common Stock receivable upon exercise of presently exercisable call options which expire September 16, 2016 and have an exercise price of $32. NexPoint, as the investment advisor to the Credit Fund, and NexPoint GP, as the general
partner of NexPoint, may be deemed the beneficial owners of the 2,600,000 shares of Common Stock held by the Credit Fund.
The Select Fund
may be deemed the beneficial owner of 3,277,900 shares of Common Stock that it holds directly, which consist of 128,000 shares of Common Stock and 3,149,900 shares of Common Stock receivable upon exercise of presently exercisable call options which
expire September 16, 2016 and have an exercise price of $32. Select GP, as the general partner of the Select Fund, Select LLC, as the general partner of Select GP, Highland Capital, as the sole member of Select LLC, and Strand, as the general
partner of Highland Capital, may be deemed the beneficial owners of the 3,277,900 shares of Common Stock held by the Select Fund.
Mr. Dondero may be deemed the beneficial owner of the 5,914,900 shares of Common Stock held by the Funds, which consist of 165,000 shares
of Common Stock and 5,749,900 shares of Common Stock receivable upon exercise of presently exercisable call options which expire September 16, 2016.
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