Item 5 of the Schedule 13D is hereby supplemented as follows:
(a) The responses of the Reporting Persons with regard to Items 11 and 13 of the cover pages to this Amendment No. 12 that relate to the aggregate number and percentage of Common Stock beneficially owned by such Reporting Persons are herein incorporated by reference.
(b) The responses of the Reporting Persons with regard to Items 7, 8, 9 and 10 of the cover pages to this Amendment No. 12 that relate to the number of shares as to which such persons have sole power to vote or to direct the vote, shared power to vote or to direct the vote, and sole or shared power to dispose or to direct the disposition are herein incorporated by reference.
(c) The following transactions in the Common Stock were effected by the Reporting Persons in the 60 days prior to the date of this filing:
(1) On February 25, 2017, HEH surrendered 12,977 shares of Common Stock to the Issuer in a net share settlement for income tax purposes upon the vesting of restricted stock previously awarded to him in connection with his employment by the Issuer, at a price of $2.23 per share, for aggregate consideration of $28,938.71.
(2) On March 21, 2017, HOPCO purchased 3,233,332 shares of Common Stock from an underwriter in a registered public equity offering at a price of $1.20 per share, for aggregate consideration of $3,879,998.
In addition, Intrepid Production Corporation (IPC) effected the following transaction in the Common Stock in the 60 days prior to the date of this filing:
(i) On March 21, 2017, IPC purchased 6,300,000 shares of Common Stock from an underwriter in a registered public equity offering at a price of $1.20 per share, for aggregate consideration of $7,560,000.
Shares owned by IPC may be deemed to be beneficially owned by the Reporting Persons as a result of the relationships among IPC and HOPCO previously described in Item 6 of this Schedule 13D. Neither the filing of this Schedule 13D nor any of its contents shall be deemed to constitute an admission by either of the Reporting Persons that he or it is the beneficial owner of any shares of Common Stock of the Issuer held by IPC.
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