AMENDMENT NO. 3 TO SCHEDULE 13D
This Amendment No. 3 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
and Amendment No. 2 to Schedule 13D filed on November 5, 2019 (the Schedule 13D).
This Amendment No. 3 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.
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Purpose of Transaction
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Item 4 of the Schedule 13D is supplemented and superseded, as the case may be, as follows:
The Reporting Persons acquired the Common Stock reported herein for investment purposes. The Reporting Persons also have acquired $98,519,642 par value of the
Issuers 8.50% Senior Secured Second Lien Notes due 2023 (the Notes) on behalf of the Accounts.
As previously disclosed, the Backstop
Parties entered into a Backstop Agreement on October 21, 2019. On November 4, 2019, the Backstop Parties consented to amend the terms of the Consent Solicitation as set forth in certain supplements to the Offering Memorandum (as defined in
the Backstop Agreement). On November 11, 2019, the Backstop Parties consented to amend the terms of the Consent Solicitation as set forth in a supplement to the Offering Memorandum.
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 Issuers financial position and strategic direction, actions taken by the Board, price levels
of the Issuers 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 6.
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Contracts, Arrangements, Understandings or Relationships with Respect to Securities of the Issuer.
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Item 6 of this Schedule 13D is supplemented and superseded, as the case may be, as follows:
The disclosure in Item 4 is incorporated by reference herein.