SEC Form 4 · accession 0000899243-15-009285

DUNE ENERGY INC · DUNR

Statement of changes in beneficial ownership, as filed. Original on EDGAR ↗

Table I — non-derivative securities

Table II — derivative securities

Explanation of responses

• F1The filing of this Form 4 shall not be construed as an admission that any of BlueMountain Capital Management, LLC ("BMCM"), GP Holdings (as defined in Footnote 5) or the General Partners (as defined in Footnote 5) is or was for the purposes of Section 16(a) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or otherwise the beneficial owner of any of the shares of Common Stock, par value $0.001 per share (the "Common Stock"), of Dune Energy, Inc. (the "Issuer"). Pursuant to Rule 16a-1(a)(4) of the Exchange Act, each of BMCM, GP Holdings and the General Partners disclaims such beneficial ownership, except to the extent of its respective pecuniary interest.
• F2BMCM is the investment manager of each of: (i) Blue Mountain Credit Alternatives Master Fund L.P. ("BMCA"), which prior to the cancellation of the Common Stock was a beneficial owner thereof; (ii) BlueMountain Distressed Master Fund L.P. ("BMD"), which prior to the cancellation of the Common Stock was a beneficial owner thereof; (iii) BlueMountain Guadalupe Peak Fund L.P. ("BMGP"), which prior to the cancellation of the Common Stock was a beneficial owner thereof; (iv) BlueMountain Credit Opportunities Master Fund I L.P. ("BMCO"), which prior to the cancellation of the Common Stock was a beneficial owner thereof; (v) BlueMountain Kicking Horse Fund L.P. ("BMKH"), which prior to the cancellation of the Common Stock was a beneficial owner thereof; (vi) BlueMountain Strategic Credit Master Fund L.P. ("BMSC" and, together with BMCA, BMD, BMGP, BMCO and BMKH, the "Partnerships"), which prior to the cancellation of the Common Stock was a beneficial owner thereof;
• F3(vii) BlueMountain Timberline Ltd. ("BMT"),which prior to the cancellation of the Common Stock was a beneficial owner thereof; and (viii) BlueMountain Montenvers Fund SCA SICAV-SIF ("BMM" and, together with the Partnerships and BMT, the "Funds"), which prior to the cancellation of the Common Stock was a beneficial owner thereof. BMCM, although it directed the voting and disposition of the Common Stock held by the Funds, only received an asset-based fee relating to the Common Stock held by the Funds.
• F4(i) Blue Mountain CA Master Fund GP, Ltd. ("BMCA GP") is the general partner of BMCA and had an indirect profits interest in the Common Stock beneficially owned by it; (ii) BlueMountain Distressed GP, LLC ("BMD GP") is the general partner of BMD and had an indirect profits interest in the Common Stock beneficially owned by it; (iii) BlueMountain Long/Short Credit GP, LLC ("BMGP GP") is the general partner of BMGP and had an indirect profits interest in the Common Stock beneficially owned by it; (iv) BlueMountain Credit Opportunities GP I, LLC ("BMCO GP") is the general partner of BMCO and had an indirect profits interest in the Common Stock beneficially owned by it; (v) BlueMountain Kicking Horse Fund GP, LLC ("BMKH GP") is the general partner of BMKH and had an indirect profits interest in the Common Stock beneficially owned by it;
• F5(vi) BlueMountain Strategic Credit GP, LLC ("BMSC GP" and, together with BMCA GP, BMD GP, BMGP GP, BMCO GP and BMKH GP, the "General Partners") is the general partner of BMSC and had an indirect profits interest in the Common Stock beneficially owned by it; and (vii) BlueMountain Montenvers GP S.a r.l. ("BMM GP") is the general partner of BMM and had an indirect profits interest in the Common Stock beneficially owned by it. BlueMountain GP Holdings, LLC ("GP Holdings") is the sole owner of each of the General Partners and thus had an indirect profits interest in the Common Stock beneficially owned by the Partnerships. BMCM is the sole owner of BMM GP and thus had an indirect profits interest in the Common Stock beneficially owned by BMM.
• F6As disclosed on the Issuer's Form 8-K filed on October 1, 2015, on September 30, 2015, the effective date of the Chapter 11 Plan of the Issuer and its subsidiaries dated September 18, 2015, all shares of Common Stock were cancelled without further act.
• F7The Reporting Persons are jointly filing this Form 4 pursuant to Rule 16(a)-3(j) under the Exchange Act. The Form 4 for certain additional Reporting Persons is being filed separately and simultaneously with this Form 4 due to the limitation of ten Reporting Persons per filing.