SEC Form 4/A · accession 0001144204-15-052554
FALCONSTOR SOFTWARE INC · FALC
Statement of changes in beneficial ownership, as filed. Original on EDGAR ↗
This is an amendment (Form 4/A). It replaces an earlier filing for the same period.
Reporting owner
Martin M Hale Jr.
Director · 10% Owner · Other
Period of report
Aug 5, 2015
Accepted (ET)
Aug 28, 2015 · 12:45 pm EDT
Rule 10b5-1 plan
unknown — predates the checkbox
Issuer CIK
0000922521
Table I — non-derivative securities
| Security | Date | Code | Shares | Price | A/D | Owned after | D/I | Nature of ownership |
|---|---|---|---|---|---|---|---|---|
| Common StockF1,F2,F3 | Aug 5, 2015 | P | 372,186 | $1.52 | A | 595,377 | I | See footnotes |
Table II — derivative securities
No Table II lines on this filing.
Explanation of responses
- F1The shares of common stock (the "Common Stock") of Falconstor Software Inc. (the "Issuer") reported herein are held by Hale Capital Partners, LP, a Delaware limited partnership ("HCP").
- F2MH is the Chief Executive Officer of HCP. MH is also (i) the sole owner and managing member of Hale Fund Partners, LLC, a Delaware limited liability company ("HFP"), the general partner of HCP and (ii) the sole owner and Chief Executive Officer of Hale Fund Management, LLC, a Delaware limited liability company ("HFM"). HFM is (i) the general partner of Hale Capital Management, LP ("HCM"), the manager of HCP and (ii) the manager of HCP-FVA, LLC, a Delaware limited liability company ("HCP-FVA") that owns shares of the Issuer's Series A Convertible Preferred Stock. Each of MH, HFP, HFM and HCM disclaims beneficial ownership of the securities reported herein, except to the extent of his or its pecuniary interest.
- F3This Form 4 Amendment is being filed to correct that HCP is the owner of shares of Common Stock reported as being purchased on August 5, 2015. The initial Form 4 had inadvertently reported that HCP-FVA was the owner of such shares of Common Stock.
Remarks
MH serves as a director on the board of directors of the Issuer as a representative of HCP-FVA. Accordingly, HCP, HFP, HFM, HCM and HCP-FVA may be deemed directors by deputization by virtue of the fact that MH currently serves on the board of directors of the Issuer.