OWNERSHIP OF COMMON STOCK
Principal Holders of Common Stock
The following table shows, based upon filings made with the Company, certain information as of December 1, 2020 concerning persons who may be deemed beneficial owners of 5% or more of the outstanding shares of Common Stock because they possessed or shared voting or investment power with respect to the shares of Common Stock.
Name and Address
|
|
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Amount and
Nature
of Beneficial
Ownership
|
|
|
Percent of
Class(1)
|
|
Nantahala Capital Management, LLC(2)
130 Main St. 2nd Floor
New Canaan, CT 06840
|
|
|
|
|
15,790,720
|
|
|
|
|
|
10.7%
|
|
|
Various entities affiliated with Delos Investment Fund, L.P.(3)
120 Fifth Ave, Third Floor,
New York, NY 10011
|
|
|
|
|
15,485,248
|
|
|
|
|
|
10.5%
|
|
|
Various entities affiliated with HGM(4)
8550 West Desert Inn Road,
Suite 102-452, Las Vegas, NV 89117
|
|
|
|
|
74,518,664
|
|
|
|
|
|
49.4%
|
|
|
(1)
Percent of class refers to percentage of class beneficially owned as the term beneficial ownership is defined in Rule 13d-3 under the Exchange Act and is based upon the 147,511,430 shares of Common Stock outstanding.
(2)
Information based on Schedule 13G/A, filed with the SEC on July 10, 2020 by Nantahala Capital Management, LLC (“Nantahala”), a Massachusetts limited liability company, Wilmot B. Harkey and Daniel Mack. As of July 10, 2020, Nantahala may be deemed to be the beneficial owner of 15,790,720 Shares held by funds and separately managed accounts under its control, and as the managing members of Nantahala, each of Messrs. Harkey and Mack may be deemed to be a beneficial owner of those Shares.
(3)
Information based on Schedule 13G, filed with the SEC on March 2, 2020, relating to securities held of record by Delos Investment Fund, LP, a Delaware limited partnership (“Delos”). Delos Capital Management, LP, a Delaware limited partnership (the “Advisor”), serves as the investment manager of Delos. Matthew Constantino is the managing member of the general partner of the Advisor.
(4)
Information based on Amendment Number 11 to Schedule 13D, filed with the SEC on March 26, 2020, by Mr. Par S. Chadha, HandsOn Global Management, LLC, a Delaware limited liability company, Ex-Sigma 2 LLC, a Delaware limited liability company, Ex-Sigma LLC, a Delaware limited liability company, HOVS LLC, a Delaware limited liability company, HandsOn Fund 4 I, LLC, a Nevada limited liability company, HOV Capital III, LLC, a Nevada limited liability company, HOV Services Ltd., an Indian limited company, Adesi 234 LLC, a Nevada limited liability company, HOF 2 LLC, a Nevada limited liability company, HandsOn 3, LLC, a Nevada limited liability company, SoNino LLC, The Beigam Trust, The Rifles Trust, SunRaj LLC, Pidgin Associates LLC, Andrej Jonovic, Shadow Pond LLC, Ronald C. Cogburn, Kanwar Chadha, Surinder Rametra, Suresh Yannamani, Mark D. Fairchild, Sanjay Kulkarni, Shrikant Sortur, Anubhav Verma, Edward J. Stephenson, Eokesh Natarajan, Matt Reynolds, Carlos Mallen, and Mark Olschanski (collectively, the “HGM Reporting Persons”) and includes 509,964 shares of Common Stock held directly by HGM. According to the Schedule 13D, Pursuant to a voting agreement, HGM may direct each of the HGM Reporting Persons on the voting of their shares, and thus may be deemed to beneficially own 74,518,664, shares of common stock and by virtue of his control of HGM, Mr. Chadha may be deemed to beneficially own 74,518,664 shares of Common Stock Percent of class, in the case of HGM refers to 147,511,430 shares of Common Stock outstanding, and includes 3,341,696 shares of Common Stock issuable upon conversion of 2,630,677 shares of the Series A Preferred Stock, as of December 1, 2020, and 71,898 shares of Common Stock issuable upon settlement of RSUs.