AMENDMENT NO. 9 TO SCHEDULE 13D
This Amendment No. 9 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, Amendment No. 4 to Schedule 13D filed on November 20, 2019, Amendment No. 5 to Schedule 13D
filed on January 22, 2020, Amendment No. 6 to Schedule 13D filed on February 13, 2020, Amendment No. 7 to Schedule D filed on February 25, 2020 and Amendment No. 8 to Schedule D filed on March 10, 2020 (the
“Schedule 13D”).
This Amendment No. 9 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 4. Purpose of Transaction
Item 4 of the Schedule 13D is supplemented and superseded, as the case may be, as follows:
The Reporting Persons have acquired $33,361,000 par value of the Notes on behalf of the Accounts.
The Reporting Persons intend to communicate with the Issuer’s management and Board of Directors (the “Board”), as well as holders of equity or
debt securities or other indebtedness of the Issuer, regarding potential transactions involving the Issuer’s equity or debt securities or other indebtedness that could extend debt maturities and/or enhance liquidity, as well as related
financial and other matters. Such potential transactions could involve third parties and could include, but are not limited to, consent solicitations involving the Issuer’s debt securities, amendments to agreements governing the Issuer’s
other indebtedness, exchanges of equity and/or debt securities of the Issuer for other securities of the Issuer, and provision of additional financing to the Issuer. The Reporting Persons or their affiliates may participate in any such transactions
or any other transactions that may be undertaken by the Issuer.
The Reporting Persons intend to review their investment in the Issuer on a continuing
basis and may from time to time and at any time in the future formulate plans or proposals depending on various factors, including, without limitation, the outcome of the transactions referenced in this Schedule 13D, the Issuer’s financial
position and strategic direction, actions taken by the Board, price levels of the Issuer’s securities, other investment opportunities available to the Reporting Persons, conditions in the securities market and general economic and industry
conditions, and take such actions with respect to the investment in the Issuer as they deem appropriate. These actions may, subject to the obligations set forth above, include: (i) acquiring additional shares of Common Stock and/or other equity,
debt, notes, other securities, or derivative or other instruments that are based upon or relate to the value of securities of the Issuer (collectively, “Securities”) in the open market or otherwise; (ii) disposing of any or all of their
Securities in the open market or otherwise; (iii) engaging in any hedging or similar transactions with respect to the Securities; or (iv) proposing or considering one or more of the actions described in subsections (a) through (j) of Item 4 of
Schedule 13D. The Reporting Persons undertake no obligation to make additional disclosures except to the extent required by law.
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
405,793,741 shares of Common Stock outstanding as of May 7, 2020, as reported in the Issuer’s Form 10-Q filed with the Securities and Exchange Commission on May 11, 2020 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 41,632,340
shares of Common Stock and the power to dispose of 41,632,340 shares of Common Stock, consisting of 30,675,937 shares of Common Stock held in the Accounts and 10,956,403 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 41,632,340 shares of Common Stock and the power to dispose of 41,632,340 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 41,632,340 shares of Common Stock and the power to dispose of 41,632,340 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 41,632,340 shares of Common Stock and the power to dispose of 41,632,340 shares of Common Stock, as per the above.
(c) Not Applicable.
(d) Not Applicable.
(e) Not Applicable.