This Amendment No. 7 amends and supplements the statement on Schedule 13D originally filed by Lazarus Investment Partners LLLP (“Lazarus Partners”), Lazarus Israel Opportunities Fund LLLP (“Lazarus Israel”), Lazarus Management Company LLC (“Lazarus Management”) and Justin B. Borus (collectively, the “Reporting Persons”) on June 9, 2014, as amended from time to time (the “Schedule 13D”). All capitalized terms contained herein but not otherwise defined shall have the meanings ascribed to such terms in the Schedule 13D. The information set forth in response to each Item below shall be deemed to be a response to all Items where such information is relevant.
Reporting Persons are filing this Amendment No. 7 to report a decrease in the percentage of common stock owned by the Reporting Persons resulting solely from a change in the aggregate number of shares of the Issuer’s common stock outstanding as reported on the Issuer’s Form 10-K filed with the Securities and Exchange Commission on July 14, 2016.
Item 1. Security and Issuer.
Item 1 of the Schedule 13D is hereby supplemented by adding the following:
The principal executive offices of the Issuer are located at 3550 W. Teco Avenue, Las Vegas, Nevada 89118.
Item 5. Interest in Securities of the Issuer.
Item 5 of the Schedule 13D is hereby supplemented by adding the following:
Reference is made to Items 7, 9, 11 and 13 of pages 2-5 of the Schedule 13D, which items are incorporated by reference. The securities reported on the Schedule 13D by Lazarus Partners consist of 3,269,632 shares of common stock and warrants to purchase an additional 3,000,000 shares of common stock. The securities reported on the Schedule 13D by Lazarus Israel consist of 1,421,847 shares of common stock and warrants to purchase an additional 1,000,000 shares of common stock. The securities reported on the Schedule 13D by Lazarus Management and Mr. Borus consists of the sums of the shares of common stock and warrants held by Lazarus Partners and Lazarus Israel. The calculation of percentage of beneficial ownership in Item 13 of pages 2-5 was calculated using information obtained from the Issuer’s Form 10-K filed with the Securities and Exchange Commission on July 14, 2016, in which it stated that there were 57,448,614 shares of common stock outstanding as of July 7, 2016.
Item 7. Material to Be Filed as Exhibits.
Exhibit A:
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Joint Filing Agreement, dated as of July 18, 2016, by and among Lazarus Investment Partners LLLP, Lazarus Israel Opportunities Fund LLLP, Lazarus Management Company LLC and Justin B. Borus.
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