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
|
|
|
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.