Explanatory Note
This Amendment No. 3 to the statement on Schedule 13D amends and supplements the statement on Schedule 13D filed by certain of the Reporting Persons on July 10, 2017 (the
Original Schedule 13D
), as amended by Amendment No. 1 to the Original Schedule 13D filed by the Reporting Persons on February 25, 2019 and Amendment No. 2 to the Original Schedule 13D filed by the Reporting Persons on March 15, 2019 (as so amended, the
13D Filing
, and together with this Amendment No. 3, the
Schedule 13D
). Except as amended in this Amendment No. 3, the 13D Filing remains in full force and effect. Terms defined in the 13D Filing are used in this Amendment No. 3 as so defined, unless otherwise defined in this Amendment No. 3.
Item 5. Interest in Securities of the Issuer
Item 5(a) of the 13D Filing is hereby amended and restated in its entirety as follows:
(a)
Aggregate number and percentage of securities
.
As of the date hereof, ASSF IV directly holds 7,188,615 shares of Common Stock. The Reporting Persons, as a result of the relationships described in Item 2, may be deemed to directly or indirectly beneficially own the shares of Common Stock held by ASSF IV, which are reported on the cover pages to this Schedule 13D for such Reporting Persons, as applicable. See also items 11 and 13 of the cover pages to, and Item 2 of, this Schedule 13D for the aggregate number of shares of Common Stock and percentage of Common Stock beneficially owned by each of the Reporting Persons. The applicable ownership percentages reported in this Schedule 13D are based on 128,758,438 shares of Common Stock outstanding as of April 26, 2019, as reported by the Issuer in its Quarterly Report on Form 10-Q filed on May 3, 2019.
Item 6. Contracts, Arrangements, Understandings or Relationships with Respect to Securities of the Issuer
Item 6 of the 13D Filing is hereby amended by adding the following at the end of the first paragraph thereof:
On May 2, 2019, one of the Funds, ASSF IV AIV B Holdings II, L.P., which is managed indirectly by Ares Management (
ASSF IV II
), entered into an amendment to the First Lien Note Facility, pursuant to which ASSF IV II agreed to acquire additional first lien secured notes of the Issuer on May 7, 2019.
Item 7. Material to be Filed as Exhibits
Item 7 of the 13D Filing is hereby amended by adding the following:
Exhibit 99.4
|
|
Joint Filing Agreement, dated as of May 3, 2019, by and among the Reporting Persons.
|
12