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 FTE Networks, Inc. [ FTNW ] | 5. Relationship of Reporting Person(s) to Issuer (Check all applicable)
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3. Date of Earliest Transaction (Month/Day/Year) 04/07/2016 | ||||||||||||||||||||||||||
4. If Amendment, Date of Original Filed (Month/Day/Year) 05/12/2017 | 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 |
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 | ||||||||
Contractual right to receive Common Stock | (1)(2) | 04/07/2017 | J(1)(2) | 79,123 | (1)(2) | (1)(2) | Common Stock | 79,123 | (1)(2) | 1,273,949(1)(2)(3)(4) | I | See Footnotes(5)(6) | |||
Contractual right to receive Common Stock | (1)(2) | 05/08/2017 | J(1)(2) | 1,048,616 | (1)(2) | (1)(2) | Common Stock | 1,048,616 | (1)(2) | 2,322,565(1)(2)(3)(4) | I | See Footnotes(5)(6) |
1. Name and Address of Reporting Person*
(Street)
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1. Name and Address of Reporting Person*
(Street)
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1. Name and Address of Reporting Person*
(Street)
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1. Name and Address of Reporting Person*
(Street)
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1. Name and Address of Reporting Person*
(Street)
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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. On May 12, 2017, the Reporting Persons filed a Form 4 which inadvertently reported that they had acquired and were the beneficial owners of 1,978,068 shares (79,123 shares post reverse stock split) of the Issuer's Common Stock on April 7, 2017 and 26,215,409 shares (1,048,616 shares post reverse stock split) of the Issuer's Common Stock on May 8, 2017. In fact, as reported in this amendment, the Reporting Persons acquired the contractual right to be issued 1,978,068 shares (79,123 shares post reverse stock split) of the Issuer's Common Stock on April 7, 2017 and acquired the contractual right to be issued 26,215,409 shares (1,048,616 shares post reverse stock split) of the Issuers Common Stock on May 8, 2017 in connection with the lending arrangement described in the Issuer's Form 8-K filed on November 3, 2015. |
2. (Continued from footnote 1) However, such Common Stock has not yet been issued as of the date of this filing. Each share of Common Stock is presented on this amended Form 4 after giving effect to the 25-for-1 reverse stock split of the Issuer that became effective on November 6, 2017, as disclosed in the Issuer's Form 8-K filed on the same date. |
3. Lateral FTE Feeder LLC, Lateral Investment Management, LLC and Lateral U.S. Credit Opportunities Fund, L.P. are the record holder of a portion of the shares of Common Stock of the Issuer. Lateral Investment Management, LLC is the sole manager of Lateral FTE Feeder LLC, and Dhamitha Richard de Silva, Patrick Feeney and Kenneth Masters are the sole managers of Lateral Investment Management, LLC. As a result of the foregoing relationships, each of Lateral Investment Management, LLC, Dhamitha Richard de Silva, Patrick Feeney and Kenneth Masters may be deemed to beneficially own the shares of Common Stock held by Lateral FTE Feeder LLC. |
4. (Continued from Footnote 3) Lateral Investment Management, LLC has a management agreement with Lateral U.S. Credit Opportunities Fund, L.P.; Lateral Credit Opportunities, LLC is the sole general partner of Lateral U.S. Credit Opportunities Fund, L.P.; and Dhamitha Richard de Silva, Patrick Feeney and Kenneth Masters are the sole managers of Lateral Credit Opportunities, LLC. As a result of the foregoing relationships, each of Lateral Investment Management, LLC; Lateral Credit Opportunities, LLC; Dhamitha Richard de Silva, Patrick Feeney and Kenneth Masters may be deemed to beneficially own the shares of Common Stock held by Lateral U.S. Credit Opportunities Fund, L.P. |
5. Lateral Investment Management, LLC is the sole manager of Lateral FTE Feeder LLC and has a management agreement with Lateral U.S. Credit Opportunities Fund, L.P. Lateral Credit Opportunities, LLC is the sole general partner of Lateral U.S. Credit Opportunities Fund, L.P. Dhamitha Richard de Silva, Patrick Feeney and Kenneth Masters are the sole managers of Lateral Investment Management, LLC and Lateral Credit Opportunities, LLC. |
6. The right to receive Common Stock reported above is held by Lateral FTE Feeder LLC, Lateral Investment Management, LLC and Lateral U.S. Credit Opportunities Fund, L.P. |
Remarks: |
The Reporting Persons filing this Form 4 jointly are the following: Lateral Investment Management, LLC; Lateral FTE Feeder LLC; Lateral U.S. Credit Opportunities Fund, L.P.; Lateral Credit Opportunities, LLC; Dhamitha Richard de Silva; Patrick Feeney; and Kenneth Masters. The address of each of the Reporting Persons is 1825 South Grant Street, Suite 210, San Mateo, CA 94402-2672. |
/s/ Dhamitha Richard de Silva | 11/16/2017 | |
** 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. |