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squingeqbob

08/16/16 3:19 PM

#410771 RE: ddutta #410770

Shouldn't we assume they were exercised? Perhaps even before last quarter's earnings call? It seems they were pretty particular on the wording.

I'm also curious as to when the company would have to report that.
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Hydro_gen

08/16/16 3:57 PM

#410779 RE: ddutta #410770

$88.46 is the "new debt deal" warrant strike price:

Warrant Transactions
On March 5 and March 9, 2015, the Company also entered into privately-negotiated warrant transactions with the Counterparties, whereby the Company sold to the Counterparties warrants to acquire, subject to customary anti-dilution adjustments, approximately 3.8 million and approximately 0.6 million shares, respectively, of Common Stock at a strike price of approximately $88.46 per share, also subject to adjustment. The warrants become exercisable in tranches starting in June 2020. As consideration for the warrants issued on March 5 and March 9, 2015, the Company received approximately $37.3 million and approximately $5.6 million, respectively.

(4.4 million share warrant for 42.9 million = $9.75 per warrant.)

If the market value per share of the Common Stock, as measured under the warrants, exceeds the strike price of the warrants at the time the warrants are exercisable, the warrants will have a dilutive effect on the Company’s earnings per share.

The warrants were sold in separate warrant transactions pursuant to the exemption from the registration requirements afforded by Section 4(a)(2) of the Securities Act. A form of the confirmation for the warrant transactions is attached as Exhibit 10.2 to this report and is incorporated herein by reference.

The warrant transactions are separate transactions, entered into by the Company with the Counterparties, and are not part of the terms of the Notes. Holders of the Notes have no rights with respect to the warrant transactions.

https://www.sec.gov/Archives/edgar/data/1405495/000119312515087314/d888367dex41.htm