UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
SCHEDULE 13D
(Rule 13d-101. Information to be Included in Statements Filed Pursuant
to § 240.13d-1(a)and Amendments Thereto Filed
Pursuant to § 240.13d-2(a))
Under the Securities Exchange Act of 1934
(Amendment No. 1)*
Integrated Healthcare Holdings, Inc.
(Name of Issuer)
Common Stock
(Title of Class of Securities)
(CUSIP Number)
Frederick H. Fogel
Silver Point Capital, L.P.
2 Greenwich Plaza, First Floor
Greenwich, CT 06830
(Name, Address and Telephone Number of Person
Authorized to Receive Notices and Communications)
June 29, 2010
(Date of Event Which Requires Filing of this Statement)
If the filing person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of §§240.13d-1(e), 240.13d-1(f) or 240.13d-1(g), check the following box: o
Note: Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See Rule 240.13d-7 for other parties to whom copies are to be sent.
*The remainder of this cover page shall be filled out for a reporting Person’s initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page.
The information required on the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).
| CUSIP NO. 45821T 10 8 | |
| 1 | NAMES OF REPORTING PERSONS | |
Silver Point Capital, L.P. | |
| | | |
| 2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (SEE INSTRUCTIONS) | (a)o
(b)þ |
| 3 | SEC USE ONLY |
| 4 | SOURCE OF FUNDS (SEE INSTRUCTIONS) | |
| | | |
| 5 | CHECK IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e) | o |
| 6 | CITIZENSHIP OR PLACE OF ORGANIZATION | |
| | Delaware | |
| NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH | 7 | SOLE VOTING POWER | |
| | 96,000,000 | |
| 8 | SHARED VOTING POWER | |
| | -0- | |
| 9 | SOLE DISPOSITIVE POWER | |
| | 96,000,000 | |
| 10 | SHARED DISPOSITIVE POWER -0- | |
| 11 | AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON | |
| | 96,000,000 | |
| 12 | CHECK IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES (SEE INSTRUCTIONS) | o |
| | | |
| 13 | PERCENT OF CLASS REPRESENTED IN ROW (11) | |
| | 27.3% (1) | |
| 14 | TYPE OF REPORTING PERSON (SEE INSTRUCTIONS) | |
| | IA, PN | |
| 1 | The percentages used herein and in the rest of this Schedule 13D are calculated based upon 255,307,262 shares outstanding as of June 15, 2010 as reported in the Issuer's Form 10-K filed on June 29, 2010 and includes 96,000,000 shares of common stock that may be acquired upon the exercise of the warrants to purchase shares of common stock reported herein. |
| CUSIP NO. 45821T 10 8 | |
| 1 | NAMES OF REPORTING PERSONS | |
Edward A. Mulé | |
| | | |
| 2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (SEE INSTRUCTIONS) | (a)o
(b)þ |
| 3 | SEC USE ONLY |
| 4 | SOURCE OF FUNDS (SEE INSTRUCTIONS) | |
| | | |
| 5 | CHECK IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e) | o |
| 6 | CITIZENSHIP OR PLACE OF ORGANIZATION | |
| | United States | |
| NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH | 7 | SOLE VOTING POWER | |
| | -0- | |
| 8 | SHARED VOTING POWER | |
| | 96,000,000 | |
| 9 | SOLE DISPOSITIVE POWER | |
| | -0- | |
| 10 | SHARED DISPOSITIVE POWER 96,000,000 | |
| 11 | AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON | |
| | 96,000,000 | |
| 12 | CHECK IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES (SEE INSTRUCTIONS) | o |
| | | |
| 13 | PERCENT OF CLASS REPRESENTED IN ROW (11) | |
| | 27.3% | |
| 14 | TYPE OF REPORTING PERSON (SEE INSTRUCTIONS) | |
| | IN | |
| CUSIP NO. 45821T 10 8 | |
| 1 | NAMES OF REPORTING PERSONS | |
Robert J. O’Shea | |
| | | |
| 2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (SEE INSTRUCTIONS) | (a)o
(b)þ |
| 3 | SEC USE ONLY |
| 4 | SOURCE OF FUNDS (SEE INSTRUCTIONS) | |
| | | |
| 5 | CHECK IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e) | o |
| 6 | CITIZENSHIP OR PLACE OF ORGANIZATION | |
| | United States | |
| NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH | 7 | SOLE VOTING POWER | |
| | -0- | |
| 8 | SHARED VOTING POWER | |
| | 96,000,000 | |
| 9 | SOLE DISPOSITIVE POWER | |
| | -0- | |
| 10 | SHARED DISPOSITIVE POWER 96,000,000 | |
| 11 | AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON | |
| | 96,000,000 | |
| 12 | CHECK IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES (SEE INSTRUCTIONS) | o |
| | | |
| 13 | PERCENT OF CLASS REPRESENTED IN ROW (11) (SEE ITEM 5) | |
| | 27.3% | |
| 14 | TYPE OF REPORTING PERSON (SEE INSTRUCTIONS) | |
| | IN | |
Explanatory Note
This amendment is being filed to amend the Schedule 13D originally filed with the Securities and Exchange Commission on April 23, 2010. Defined terms used and not otherwise defined herein shall have the meanings ascribed to such terms in the originally filed Schedule 13D.
Item 5. Interest in Securities of the Issuer
Item 5(a) is hereby amended and restated as follows:
(a) The Reporting Persons beneficially own the Warrants, which are immediately exercisable for 96,000,000 shares of Common Stock. There were 255,307,262 shares of Common Stock outstanding as of June 15, 2010, as reported in the Issuer’s Form 10-K filed on June 29, 2010. Beneficial ownership of the Warrants represents beneficial ownership of approximately 27.3% of the shares of Common Stock that would be outstanding upon exercise of the Warrants.
Item 7. Material to be filed as Exhibits
Exhibit 1 – Joint Filing Agreement, dated as of July 6, 2010, by and among the Reporting Persons
SIGNATURES
After reasonable inquiry and to the best of the undersigned’s knowledge and belief, the undersigned certifies that the information set forth in this statement is true, complete and correct.
| | | Silver Point Capital, L.P. |
| | | | |
| | | By: | /s/ Frederick H. Fogel
|
| | | | |
| | | Name: | Frederick H. Fogel |
| | | | |
| | | Its: | Authorized Signatory |
| | | | |
| | | /s/ Edward A. Mulé
Edward A. Mulé, individually
|
| | | |
| | | /s/ Robert J. O'Shea
Robert J. O'Shea, individually |
| | | | |
AGREEMENT REGARDING THE JOINT FILING OF SCHEDULE 13D
The undersigned hereby agree as follows:
(i) Each of them is individually eligible to use the Schedule 13D to which this Exhibit is attached, and such Schedule 13D is filed on behalf of each of them; and
(ii) Each of them is responsible for the timely filing of such Schedule 13D and any amendments thereto, and for the completeness and accuracy of the information concerning such person contained therein; but none of them is responsible for the completeness or accuracy of the information concerning the other persons making the filing, unless such person knows or has reason to believe that such information is inaccurate.
Date: July 6, 2010
| | | Silver Point Capital, L.P. |
| | | | |
| | | By: | /s/ Frederick H. Fogel
|
| | | | |
| | | Name: | Frederick H. Fogel |
| | | | |
| | | Its: | Authorized Signatory |
| | | | |
| | | /s/ Edward A. Mulé
Edward A. Mulé, individually
|
| | | |
| | | /s/ Robert J. O'Shea
Robert J. O'Shea, individually |
| | | | |
