SEC Form 4
| FORM 4 | UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934 or Section 30(h) of the Investment Company Act of 1940 |
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| Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b). | |||||||||||||||||
1. Name and Address of Reporting Person*
(Street)
| 2. Issuer Name and Ticker or Trading Symbol GLOBALSCAPE INC [ GSB ] | 5. Relationship of Reporting Person(s) to Issuer (Check all applicable)
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| 3. Date of Earliest Transaction (Month/Day/Year) 02/14/2017 | ||||||||||||||||||||||||||
| 4. If Amendment, Date of Original Filed (Month/Day/Year) | 6. Individual or Joint/Group Filing (Check Applicable Line)
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| Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned | ||||||||||
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| 1. Title of Security (Instr. 3) | 2. Transaction Date (Month/Day/Year) | 2A. Deemed Execution Date, if any (Month/Day/Year) | 3. Transaction Code (Instr. 8) | 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) | 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) | 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 7. Nature of Indirect Beneficial Ownership (Instr. 4) | |||
| Code | V | Amount | (A) or (D) | Price | ||||||
| Common Stock | 02/14/2017 | P | 20,000 | A | $3.8345 | 110,000 | I | By Atlas Capital Management, L.P.(1)(2)(4) | ||
| Common Stock | 02/15/2017 | P | 22,700 | A | $3.8778 | 132,700 | I | By Atlas Capital Management, L.P.(1)(2)(4) | ||
| Common Stock | 3,200,000 | I | By 210/GSB Acquisition Partners, LLC(1)(3)(4) | |||||||
| Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities) | |||||||||||||||
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| 1. Title of Derivative Security (Instr. 3) | 2. Conversion or Exercise Price of Derivative Security | 3. Transaction Date (Month/Day/Year) | 3A. Deemed Execution Date, if any (Month/Day/Year) | 4. Transaction Code (Instr. 8) | 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) | 6. Date Exercisable and Expiration Date (Month/Day/Year) | 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) | 8. Price of Derivative Security (Instr. 5) | 9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) | 10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 11. Nature of Indirect Beneficial Ownership (Instr. 4) | ||||
| Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||||||
1. Name and Address of Reporting Person*
(Street)
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1. Name and Address of Reporting Person*
(Street)
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| Explanation of Responses: |
| 1. This Form 4 is being filed by (i) Robert H. Alpert, in his capacity as President and sole shareholder of RHA Investments, Inc. ("RHA Investments"), and (ii) RHA Investments, in its capacity as general partner of Atlas Capital Management, L.P. ("ACM"). |
| 2. These shares of common stock of GlobalSCAPE, Inc. (the "Issuer") are held directly by ACM. As general partner of ACM, RHA Investments has the power to direct ACM's affairs, and as President and sole shareholder of RHA Investments, Mr. Alpert has the power to direct RHA Investments' affairs. Mr. Alpert and RHA Investments disclaim beneficial ownership of these shares of the Issuer's common stock and the filing of this Form 4 shall not be construed as an admission that such persons are beneficial owners of these shares of the Issuer's common stock. |
| 3. These shares of the Issuer's common stock are held directly by 210/GSB Acquisition Partners, LLC ("GSB Acquisition"). GSB Acquisition is managed by 210 Capital, LLC ("210 Capital"), its sole member, and Covenant RHA Partners, L.P. ("RHA Partners") and CCW/LAW Holdings, LLC are the members of 210 Capital. RHA Investments is the general partner of RHA Partners and Mr. Alpert is the President and sole shareholder of RHA Investments. Mr. Alpert and RHA Investments disclaim beneficial ownership of these shares of the Issuer's common stock and the filing of this Form 4 shall not be construed as an admission that such persons are beneficial owners of these shares of the Issuer's common stock. |
| 4. The principal business address of each of the reporting persons is 8214 Westchester Drive, Suite 950, Dallas, Texas 75225. |
| Remarks: |
| ROBERT H. ALPERT By: /s/ Robert H. Alpert | 02/16/2017 | |
| RHA INVESTMENTS, INC. By: /s/ Robert H. Alpert, Title: President | 02/16/2017 | |
| ** Signature of Reporting Person | Date | |
| Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | ||
| * If the form is filed by more than one reporting person, see Instruction 4 (b)(v). | ||
| ** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). | ||
| Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. | ||
| Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. | ||