0001029744-17-000070.txt : 20170605 0001029744-17-000070.hdr.sgml : 20170605 20170605162917 ACCESSION NUMBER: 0001029744-17-000070 CONFORMED SUBMISSION TYPE: SC 13D/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20170605 DATE AS OF CHANGE: 20170605 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: SONIC FOUNDRY INC CENTRAL INDEX KEY: 0001029744 STANDARD INDUSTRIAL CLASSIFICATION: RADIO & TV BROADCASTING & COMMUNICATIONS EQUIPMENT [3663] IRS NUMBER: 391783372 STATE OF INCORPORATION: MD FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: SC 13D/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-78098 FILM NUMBER: 17891540 BUSINESS ADDRESS: STREET 1: 222 W. WASHINGTON AVENUE CITY: MADISON STATE: WI ZIP: 53703 BUSINESS PHONE: 6084431600 MAIL ADDRESS: STREET 1: 222 W. WASHINGTON AVENUE CITY: MADISON STATE: WI ZIP: 53703 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: BURISH MARK D CENTRAL INDEX KEY: 0001170370 FILING VALUES: FORM TYPE: SC 13D/A MAIL ADDRESS: STREET 1: HURLEY, BURISH, MILLIKEN S.C. STREET 2: 301 NORTH BROOM STREET CITY: MADISON STATE: WI ZIP: 53703 SC 13D/A 1 sc13damarkburishjune52017.htm SC 13D/A Document


UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13D
Under the Securities Exchange Act of 1934
(Amendment No. 1)*
Sonic Foundry Inc.
(Name of Issuer)
COMMON STOCK
(Title of Class of Securities)
83545R207
(CUSIP Number)
Mark D. Burish
Hurley, Burish & Stanton, S.C.
33 East Main Street, Suite 400
Madison, WI 53703
608-257-0945
(Name, Address and Telephone Number of Person
Authorized to Receive Notices and Communications)
May 30, 2017
(Date of Event Which Requires Filing of This Statement)

If the filing person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of §§240.13d-1(e), 240.13d-1(f) or 240.13d-1(g), check the following box. ☐

Note: Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See §240.13d-7 for other parties to whom copies are to be sent.
 
The remainder of this cover page shall be filled out for a reporting person’s initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page.
The information required on the remainder of this cover page shall not be deemed to be “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934 (“Act”) or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).






CUSIP No.: 83545R207
  1
 
 
NAME OF REPORTING PERSONS

Mark D. Burish
  2
 
 
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
(see instructions)
(a)  ☐
(b)  ☐
  3
 
 
SEC USE ONLY
  4
 
 
SOURCE OF FUNDS (see instructions)

PF
  5
 
 
CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e)
 ☐
  6
 
 
CITIZENSHIP OR PLACE OF ORGANIZATION

USA
 
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON
WITH
7
SOLE VOTING POWER
 
551,685 (1)
 
 
 
 
8
SHARED VOTING POWER
 
0
 
 
 
 
9
SOLE DISPOSITIVE POWER
 
551,685 (1)
 
 
 
 
10
SHARED DISPOSITIVE POWER
 
0
 
 
11
 
 
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON

551,685 (1)
12
 
 
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES
(see instructions)
 ☐
13
 
 
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)

11.9% (1)
14
 
 
TYPE OF REPORTING PERSON (see instructions)

IN

(1) Includes 35,905 shares subject to Presently Exercisable Warrants and 14,000 shares subject to Presently Exercisable Options. Also includes 129,894 shares of the Company’s Common Stock which may be acquired by the Filing Party upon conversion of the 549.45 shares of 9% Cumulative Voting Convertible Preferred Stock, Series A (the “Preferred Stock”) purchased by the Reporting Person on May 30, 2017.






Item 1.
Security and Issuer.

This Amendment No. 1 amends the Schedule 13D dated February 14, 2017 (as amended, the “Schedule 13D”) of Mark D. Burish (the “Reporting Person”), in respect of shares of common stock, par value $0.01 per share (the “Common Stock”), of Sonic Foundry, Inc., a Maryland corporation (the “Issuer”), as follows (unless otherwise indicated, all capitalized terms used but not defined herein have the meaning ascribed to such terms in the Schedule 13D):

Item 3.
Source or Amount of Funds or Other Consideration.
Item 3 is hereby amended by adding the following paragraph at the beginning thereof:

On May 30, 2017, the Reporting Person acquired 549.45 shares of 9% Cumulative Voting Convertible Preferred Stock, Series A (the “Preferred Stock”) which may be converted into 129,894 shares of the Issuer’s Common Stock, at the option of the Reporting Person, exercisable at any time, or at the option of the Issuer, exercisable at any time after May 30, 2018. The Preferred Stock was purchased directly from the Company with the Reporting Person’s personal funds.

Item 5.
Interest in Securities of the Issuer.

Item 5 is hereby amended by replacing the paragraph contained in Item 5(a) with the following:

As of May 30, 2017 , the Reporting Person owned 551,685 shares of Common, or approximately 11.9% of the outstanding shares of Common Stock. The 551,685 shares include (1) 35,905 shares subject to Presently Exercisable Warrants, (20 14,000 shares subject to Presently Exercisable Options, and (3) includes 129,894 shares of the Company’s Common Stock which may be acquired by the Filing Party upon conversion of the 549.45 shares of the Preferred Stock purchased by the Reporting Person on May 30, 2017.

Item 5 is hereby further amended by adding the following to Item 5(c) at the beginning thereof:

On May 30, 2017, the Reporting Person acquired 549.45 shares of Preferred Stock, which may be converted into 129,894 shares of the Issuer’s Common Stock, at the option of the Reporting Person, exercisable at any time, or at the option of the Issuer, exercisable at any time after May 30, 2018. The Preferred Stock was purchased directly from the Company with the Reporting Person’s personal funds.
 













SIGNATURE
After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct.

 
 
/s/ Mark D. Burish
 
Mark D. Burish / Individual
 
June 5, 2017