0000899243-19-019257.txt : 20190705
0000899243-19-019257.hdr.sgml : 20190705
20190705192220
ACCESSION NUMBER: 0000899243-19-019257
CONFORMED SUBMISSION TYPE: 4
PUBLIC DOCUMENT COUNT: 1
CONFORMED PERIOD OF REPORT: 20190220
FILED AS OF DATE: 20190705
DATE AS OF CHANGE: 20190705
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: Feeney Patrick James
CENTRAL INDEX KEY: 0001723000
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-38322
FILM NUMBER: 19944112
MAIL ADDRESS:
STREET 1: 1825 S. GRANT ST. SUITE 210
CITY: SAN MATEO
STATE: CA
ZIP: 94402
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: de Silva Richard
CENTRAL INDEX KEY: 0001662203
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-38322
FILM NUMBER: 19944113
MAIL ADDRESS:
STREET 1: 1825 SOUTH GRANT STREET
STREET 2: SUITE 210
CITY: SAN MATEO
STATE: CA
ZIP: 94402
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: Lateral Credit Opportunities, LLC
CENTRAL INDEX KEY: 0001665168
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-38322
FILM NUMBER: 19944114
BUSINESS ADDRESS:
STREET 1: 1825 SOUTH GRANT STREET
STREET 2: SUITE 210
CITY: SAN MATEO
STATE: CA
ZIP: 94402
BUSINESS PHONE: 650-396-2210
MAIL ADDRESS:
STREET 1: 1825 SOUTH GRANT STREET
STREET 2: SUITE 210
CITY: SAN MATEO
STATE: CA
ZIP: 94402
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: LATERAL INVESTMENT MANAGEMENT, LLC
CENTRAL INDEX KEY: 0001665167
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-38322
FILM NUMBER: 19944115
BUSINESS ADDRESS:
STREET 1: 1825 SOUTH GRANT STREET
STREET 2: SUITE 210
CITY: SAN MATEO
STATE: CA
ZIP: 94402
BUSINESS PHONE: 650-396-2210
MAIL ADDRESS:
STREET 1: 1825 SOUTH GRANT STREET
STREET 2: SUITE 210
CITY: SAN MATEO
STATE: CA
ZIP: 94402
FORMER NAME:
FORMER CONFORMED NAME: Lateral Global Investors LLC
DATE OF NAME CHANGE: 20160127
ISSUER:
COMPANY DATA:
COMPANY CONFORMED NAME: FTE Networks, Inc.
CENTRAL INDEX KEY: 0001122063
STANDARD INDUSTRIAL CLASSIFICATION: TELEPHONE COMMUNICATIONS (NO RADIO TELEPHONE) [4813]
IRS NUMBER: 810438093
STATE OF INCORPORATION: NV
FISCAL YEAR END: 1231
BUSINESS ADDRESS:
STREET 1: 237 WEST 35TH STREET
STREET 2: SUITE 806
CITY: NEW YORK
STATE: NY
ZIP: 10001
BUSINESS PHONE: 8778788136
MAIL ADDRESS:
STREET 1: 237 WEST 35TH STREET
STREET 2: SUITE 806
CITY: NEW YORK
STATE: NY
ZIP: 10001
FORMER COMPANY:
FORMER CONFORMED NAME: BEACON ENTERPRISE SOLUTIONS GROUP INC
DATE OF NAME CHANGE: 20080520
FORMER COMPANY:
FORMER CONFORMED NAME: SUNCREST GLOBAL ENERGY CORP
DATE OF NAME CHANGE: 20030625
FORMER COMPANY:
FORMER CONFORMED NAME: GALAXY SPECIALTIES INC
DATE OF NAME CHANGE: 20000816
4
1
doc4.xml
FORM 4 SUBMISSION
X0306
4
2019-02-20
0
0001122063
FTE Networks, Inc.
FTNW
0001665167
LATERAL INVESTMENT MANAGEMENT, LLC
400 SOUTH EL CAMINO REAL, SUITE 1100
SAN MATEO
CA
94402
0
0
1
0
0001665168
Lateral Credit Opportunities, LLC
400 SOUTH EL CAMINO REAL, SUITE 1100
SAN MATEO
CA
94402
0
0
1
0
0001662203
de Silva Richard
400 SOUTH EL CAMINO REAL, SUITE 1100
SAN MATEO
CA
94402
0
0
1
0
0001723000
Feeney Patrick James
400 SOUTH EL CAMINO REAL, SUITE 1100
SAN MATEO
CA
94402
0
0
1
0
Common Stock
2019-07-02
2019-07-02
4
J
0
1500000
A
4193207
I
Held by a fund managed by Lateral Investment Management, LLC
Common Stock
2019-02-20
2019-02-20
4
J
0
1005753
A
1426951
I
Held by a fund managed by Lateral Investment Management, LLC
Common Stock
2019-07-02
2019-07-02
4
J
0
505724
A
2166085
I
Held by a fund managed by Lateral Investment Management, LLC
Warrant (right to buy)
2018-07-02
4
J
0
3173730
A
Common Stock
3173730
3173730
I
Held by a fund managed by Lateral Investment Management, LLC
On July 2, 2019, the reporting persons named herein (the "Reporting Persons") acquired 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 Current Reports on Form 8-K filed on November 3, 2015, February 15, 2019, and June 14, 2019 (the "Credit Agreement").
On February 20, 2019, Niagara Nominee, L.P., acquired shares of the Issuer's Common Stock in connection with the extension of credit under the Credit Agreement.
Following the transactions described in Footnote 1 and 2, the shares reported herein are held by Niagara Nominee L.P.
On July 2, 2019, the Reporting Persons acquired warrants to purchase shares of the Issuer's Common Stock in connection with the extension of credit under the Credit Agreement. The warrants have an initial exercise price of $3.00 per share; provided that in the event the super-senior bridge loan under the Credit Agreement has not been paid by October 31, 2019, the exercise price per share of half of the warrants shall be automatically reset to $0.01 and in the event the super-senior bridge loan under the Credit Agreement has not been paid by December 31, 2019, the exercise price per share of the other half of the warrants shall be automatically reset to $0.01. The shares underlying such warrants have not been issued as of the date of this filing.
(Continued from Footnote 4) The Issuer also agreed that the aggregate number of shares of the Issuer's common stock issuable upon exercise of the warrants will be automatically adjusted on December 31, 2019 such that that the Reporting Persons will beneficially own, in the aggregate, inclusive of all shares of common stock previously issued, 25% of the outstanding shares of the Issuer's common stock on a fully-diluted basis, subject to certain exceptions.
Following the transactions described in Footnotes 1, 2, 4, and 5, the shares and warrants reported herein are held by Lateral U.S. Credit Opportunities Fund, WVP Emerging Manager Private Onshore Fund, LLC, Lateral SMA Agent, LLC, and Lateral Juscom Feeder, LLC. Lateral Investment Management, LLC is the sole manager of WVP Emerging Manager Private Onshore Fund, LLC, Lateral SMA Agent, LLC, and Lateral Juscom Feeder, LLC. 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 and Patrick Feeney are the sole managers of Lateral Credit Opportunities, LLC. Dhamitha Richard de Silva and Patrick Feeney are the sole managers of Lateral Investment Management, LLC.
(Continued from Footnote 6) As a result of the foregoing relationships, each of Lateral Investment Management, LLC; Dhamitha Richard de Silva, and Patrick Feeney may be deemed to beneficially own the warrants of Common Stock held by Lateral U.S. Credit Opportunities Fund, WVP Emerging Manager Private Onshore Fund, LLC, Lateral SMA Agent, LLC, and Lateral Juscom Feeder, LLC.
The Reporting Persons filing this Form 4 jointly are the following: Lateral Investment Management, LLC; Lateral Credit Opportunities, LLC; Dhamitha Richard de Silva; and Patrick Feeney. The address of each of the Reporting Persons is 400 South El Camino Real, Suite 1100, San Mateo, CA 94402.
Dhamitha Richard de Silva
2019-07-05