AMENDMENT NO. 5 TO SCHEDULE 13D
This Amendment No. 5 to Schedule 13D amends and supplements the Schedule 13D filed by (i) Angelo, Gordon & Co., L.P., a Delaware limited
partnership (“Angelo Gordon”), (ii) AG Partners, L.P., a Delaware limited partnership (“AG Partners”), (iii) JAMG LLC, a Delaware limited liability company (“JAMG”) and (iv) Michael L. Gordon (collectively with
Angelo Gordon, AG Partners and JAMG, the “Reporting Persons”) with the Securities and Exchange Commission (the “SEC”) on August 30, 2019, as amended by the Amendment No. 1 to Schedule 13D filed on October 21, 2019,
Amendment No. 2 to Schedule 13D filed on November 5, 2019, Amendment No. 3 to Schedule 13D filed on November 11, 2019 and Amendment No. 4 to Schedule 13D filed on November 20, 2019 (the “Schedule 13D”).
This Amendment No. 5 amends and supplements the Schedule 13D as specifically set forth herein.
All capitalized terms contained herein but not otherwise defined shall have the meanings ascribed to such terms in the Schedule 13D. Information given in
response to each item shall be deemed incorporated by reference in all other items, as applicable.
Item 3. Source and Amount of Funds or Other
Consideration
Item 3 of this Schedule 13D is supplemented as follows:
The disclosure in Item 4 is incorporated by reference herein.
Item 4. Purpose of Transaction
Item 4 of the
Schedule 13D is supplemented as follows:
On January 17, 2020, the Issuer entered into a Securities Purchase and Sale Agreement (“Securities
Purchase Agreement”) pursuant to which the Issuer exchanged additional Notes held by the Accounts for shares of Preferred Stock. The Accounts’ exchange of additional Notes for shares of Preferred Stock pursuant to the Securities Purchase
Agreement was consummated on January 21, 2020.
As a result of the Securities Purchase Agreement, the Accounts exchanged $35,843,460 in aggregate
principal amount of Notes in exchange for 387,695 shares of Preferred Stock. After the closing, the Accounts hold no Notes and 1,287,054 shares of Preferred Stock.
Item 5. Interest in Securities of the Issuer
Item 5 of the Schedule 13D is hereby amended and restated to read as follows.
(a) - (b) Items 7 through 11 and 13 of each of the cover pages of this Schedule 13D are incorporated herein by reference. Such information is based on
405,787,759 shares of Common Stock outstanding as of November 8, 2019, as reported in the Issuer’s Form 10-Q filed with the Securities and Exchange Commission on November 12, 2019 and the shares
of Common Stock issuable upon the conversion of the Preferred Stock, as limited by the Conversion Cap.
Angelo Gordon, in its capacity as investment
manager to the Accounts, has sole power to vote 41,842,299 shares of Common Stock and the power to dispose of 41,842,299 shares of Common Stock, consisting of 28,788,225 shares of Common Stock held in the Accounts and 13,054,074 shares of Common
Stock issuable upon the conversion of the Preferred Stock, as limited by the Conversion Cap. As the sole general partner of Angelo Gordon, AG Partners may be deemed to have the sole power to vote 41,842,299 shares of Common Stock and the power to
dispose of 41,842,299 shares of Common Stock, as per above. As the general partner of AG Partners, JAMG may be deemed to have the sole power to vote 41,842,299 shares of Common Stock and the power to dispose of 41,842,299 shares of Common Stock, as
per the above. As the managing member of JAMG and the chief executive officer of Angelo Gordon, Michael L. Gordon may be deemed to have sole power to vote 41,842,299 shares of Common Stock and the power to dispose of 41,842,299 shares of Common
Stock, as per the above.