SEC Form 4 · accession 0000899243-18-028232
FTE Networks, Inc. · FTNW
Statement of changes in beneficial ownership, as filed. Original on EDGAR ↗
Reporting owners
Richard de Silva
10% Owner
LATERAL INVESTMENT MANAGEMENT, LLC
10% Owner
Lateral Credit Opportunities, LLC
10% Owner
Kenneth M. Masters
10% Owner
Patrick James Feeney
10% Owner
Period of report
Oct 30, 2018
Accepted (ET)
Nov 5, 2018 · 6:08 pm EST
Rule 10b5-1 plan
unknown — predates the checkbox
Issuer CIK
0001122063
Table I — non-derivative securities
| Security | Date | Code | Shares | Price | A/D | Owned after | D/I | Nature of ownership |
|---|---|---|---|---|---|---|---|---|
| Common StockF2 | Oct 30, 2018 | X | 93,560 | $6.00 | A | 379,993 | I | Held by a fund managed by Lateral Investment Management, LLC |
| Common StockF3 | holding | — | — | — | 414,643 | I | See below |
Table II — derivative securities
| Security | Conv. / exercise price | Date | Code | Shares | A/D | Exercisable | Expires | Underlying | Underlying shares | Owned after | D/I |
|---|---|---|---|---|---|---|---|---|---|---|---|
| Warrant (right to buy)F1,F2 | $6.00 | Oct 30, 2018 | J | 93,560 | A | — | — | Common Stock | 93,560 | 93,560 | I |
| Warrant (right to buy)F1,F2 | $6.00 | Oct 30, 2018 | X | 93,560 | D | — | — | Common Stock | 93,560 | 0 | I |
| Warrant (right to buy)F1,F2 | $6.00 | Oct 30, 2018 | J | 108,000 | A | — | — | Common Stock | 108,000 | 108,000 | I |
Explanation of responses
- F1On October 30, 2018, the reporting persons named herein (the "Reporting Persons") acquired warrants to purchase shares of the Issuer's Common Stock in connection with the extension of credit under that certain Credit Agreement previously described in the Issuer's Form 8-K filed on November 3, 2015. Also on October 30, 2018, Niagara Nominee, L.P., a fund managed by Lateral Investment Management, LLC, which is not a 10% holder of the Issuer's securities, exercised 93,560 of such warrants. The shares underlying such warrants have not been issued as of the date of this filing.
- F2Following the transactions described in Footnote 1, the warrants reported herein are held by Lateral U.S. Credit Opportunities Fund, L.P. Lateral Investment Management, LLC has a management agreement with each of Lateral U.S. Credit Opportunities Fund, L.P. and Niagara Nominee, 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. and Niagara Nominee, L.P.
- F3Lateral FTE Feeder LLC, Lateral Investment Management, LLC and Lateral U.S. Credit Opportunities Fund, L.P. are the record holder of an aggregate of 414,643 shares of Common Stock of the Issuer. In connection with certain lending arrangements, Lateral FTE Feeder LLC, Lateral Investment Management, LLC and Lateral U.S. Credit Opportunities Fund, L.P. hold certain contractual rights to be issued Common Stock, however, such shares have not yet been issued as of the date of this filing.
Remarks
The Reporting Persons filing this Form 4 jointly are the following: Lateral Investment Management, 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 400 South El Camino Real, Suite 1100, San Mateo, CA 94402.