Filing Details

Accession Number:
0001144204-19-035772
Form Type:
4
Zero Holdings:
No
Publication Time:
2019-07-24 17:23:14
Reporting Period:
2019-07-23
Accepted Time:
2019-07-24 17:23:14
SEC Url:
Form 4 Filing
Issuer
Cik Name Symbol Sector (SIC) IRS No
1630805 Babcock & Wilcox Enterprises Inc. BW () DE
Insiders
Cik Name Reported Address Insider Title Director Officer Large Shareholder Other
1099408 Kahn Capital Management Llc 4705 S Apopka Vineland Road
Suite 206
Orlando FL 32819
Yes No Yes No
1455976 Randall Brian Kahn 4705 S Apopka Vineland Road
Suite 206
Orlando FL 32819
Yes No Yes No
1511498 Vintage Capital Management Llc 4705 S Apopka Vineland Road
Suite 206
Orlando FL 32819
Yes No Yes No
Reported Non-Derivative Transactions
Sec. Name Acquisiton - Disposition Date Amount Price Remaning Holdings Equity Swap Involved Form Type Code Nature of Ownership Explanation
Common Stock Acquisiton 2019-07-23 107,207,856 $0.30 157,047,440 No 4 P Indirect Please see footnotes
Equity Swap Involved Form Type Code Nature of Ownership Explanation
No 4 P Indirect Please see footnotes
Footnotes
  1. Represents shares of the Issuer's common stock, par value $0.01 per share (the "Common Stock"), issued pursuant to an Exchange and Purchase Agreement, dated as of July 23, 2019, between the Issuer and Vintage Capital Management, LLC, a Delaware limited liability company ("Vintage Capital"), pursuant to which Vintage Capital cancelled the principal balance of its interest in the Issuer's Tranche A-1 Term Loan totaling $32,162,356.81 under the Issuer's Credit Agreement, dated as of May 11, 2015, among the Issuer, as the borrower, Bank of America, N.A., as Administrative Agent, and the other lenders party thereto, in exchange for newly issued shares of Common Stock at a price per share equal to $0.30.
  2. In addition to Vintage Capital, this Form 4 is being filed jointly by Kahn Capital Management, LLC, a Delaware limited liability company ("Kahn Capital"), and Brian R. Kahn, a citizen of the United States of America, each of whom has the same business address as Vintage Capital.
  3. (Continued from footnote 2) Kahn Capital, as a member and the majority owner of Vintage Capital, may be deemed to have the power to direct the voting and disposition of the shares of Common Stock beneficially owned by Vintage Capital, and may be deemed to be the indirect beneficial owner of such shares. Kahn Capital disclaims beneficial ownership of such shares for all other purposes, except to the extent of its pecuniary interest therein. Mr. Kahn, as the manager of each of Vintage Capital and Kahn Capital, may be deemed to have the power to direct the voting and disposition of the shares of Common Stock beneficially owned by Vintage Capital, and may be deemed to be the indirect beneficial owner of such shares. Mr. Kahn disclaims beneficial ownership of such shares for all other purposes, except to the extent of his pecuniary interest therein.