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Monday, August 15, 2016 8:40:20 AM
(a) Any person who, after acquiring directly or indirectly the beneficial ownership of any equity security of a class which is specified in paragraph (i) of this section, is directly or indirectly the beneficial owner of more than five percent of the class shall, within 10 days after the acquisition, file with the Commission, a statement containing the information required by Schedule 13D (§ 240.13d-101).
*On August 2, 2016, the Company converted 126.64745 shares of the Issuer’s Series D Convertible Preferred Stock (the “Preferred Stock”) into 6,955,000 shares of the Issuer’s Common Stock (the “Common Stock”). The Company still holds 1,470.9497 shares of Preferred Stock. Because (i) the Preferred Stock, pursuant to its respective Certificate of Designation, is convertible into the Common Stock at a variable rate, and (ii) the exact number of shares of Common Stock that will be outstanding at the time of the Company’s next conversion is as of yet unascertained, the Company’s exact beneficial ownership amount is inexact. However, the number of shares of Common Stock issuable upon conversion of the Preferred Stock is subject to the Blocker, and Item 4(a) reflects the beneficial ownership of the Reporting Person based on the Blocker and the current amount of the Issuer’s Common Stock outstanding.
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