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CUSIP No. 45782B104
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SCHEDULE 13D
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This Amendment No. 9 (Amendment No. 9) amends and supplements the
statement on Schedule 13D filed on August 10, 2018 by Golden Harbor Ltd. (Golden Harbor) and Joe Lewis, as amended by Amendment No. 1 filed on September 7, 2018, Amendment No. 2 filed on December 20, 2018,
Amendment No. 3 filed on March 29, 2019, Amendment No. 4 filed on July 25, 2019, Amendment No. 5 filed on August 13, 2019, Amendment No. 6 filed on April 2, 2020, Amendment No. 7 filed on May 15,
2020 and Amendment No. 8 filed on December 16, 2020 (as amended, the Original Filing). The Original Filing remains in effect except to the extent that it is amended, restated or superseded by information contained in this
Amendment No. 9. Capitalized terms used and not defined in this Amendment No. 9 have the meanings set forth in the Original Filing, as amended.
Item 3. Source and Amount of Funds or Other Consideration.
Item 3 is hereby amended to add the following:
Exchange of Series E Fixed-Rate Cumulative Perpetual Preferred Stock
On September 3, 2021, Golden Harbor entered into an Exchange Agreement (the Exchange Agreement) with the Issuer pursuant to
which Golden Harbor exchanged its 7,000 shares of Issuers Fixed-Rate Cumulative Perpetual Preferred Stock, Series E, par value $0.001 per share (including accrued dividends) for 1,067,645 shares of Common Stock, pursuant to a private placement
exemption under the Securities Act, for no additional consideration (the Exchange). The Exchange was completed on September 22, 2021. Issuer has agreed to file a registration statement, or prospectus supplement, as applicable,
promptly following the date that is 90 days after the closing date of the Exchange, for the purpose of effecting the registration for resale of such shares.
The foregoing description of the Exchange Agreement does not purport to be complete and is subject to, and qualified in its entirety by
reference to, the full text of the Exchange Agreement, a copy of which is filed as Exhibit 13 to this Schedule 13D and incorporated herein by reference.
Item 4. Purpose of Transaction.
The
information set forth in Item 3 is incorporated herein by reference.
Item 5. Interest in Securities of the Issuer.
Item 5 is hereby amended and restated in its entirety as follows:
All percentages are based on 106,123,353 shares of Common Stock outstanding, which is the sum of (i) 103,180,708 shares of the Issuers
common stock outstanding as of August 2, 2021, as reported in the Issuers Quarterly Report on Form 10-Q filed with the SEC on August 5, 2021, (ii) 1,875,000 shares of the Issuers
common stock issuable upon exercise of the 2019 Warrants and (iii) 1,067,645 shares of the Issuers Common Stock issued in connection with the Exchange. The 2019 Warrants are exercisable at any time and expire on June 30, 2022. Golden
Harbor also holds 1,939,106 shares of Common Stock receivable upon the conversion of the 2025 Notes, which are not currently exercisable due to the Ownership Limitation.
(a) Golden Harbor beneficially owns 14,908,149 shares of Common Stock, which represents 14.0% of the Issuers outstanding Common Stock.
Braslyn beneficially owns 7,908,678 shares of Common Stock, which represents 7.4% of the Issuers Common Stock. Tavistock Financial beneficially owns 77,364 shares of Common Stock, which represents 0.0% of the Issuers Common Stock.
Mr. Lewis beneficially owns 22,894,191 shares of Common Stock, which represents 21.6% of the Issuers Common Stock.
The table
below reflects restricted stock units of the Issuer granted to Mr. Avery and owned by Tavistock Financial that are not subject to vesting within the next 60 days:
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Grant Date
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Number of Restricted Stock Units
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Vesting Schedule
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July 28, 2021
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14,221
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July 28, 2022
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