SEC Filings

SC 13G/A
FLYNN JAMES E filed this Form SC 13G/A on 01/10/2019
Entire Document
 

CUSIP No. 71426V306 13G Page 5 of 14 Pages

 

1.

NAME OF REPORTING PERSONS

I.R.S. IDENTIFICATION NO. OF ABOVE PERSONS (ENTITIES ONLY)

 

Deerfield Special Situations Fund, L.P.

2.

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP*

 

 

(a) ☐

(b) ☒

3.

SEC USE ONLY

 

 

4.

CITIZENSHIP OR PLACE OF ORGANIZATION

 

Delaware

 

 

 NUMBER OF

SHARES

BENEFICIALLY

OWNED BY

EACH

REPORTING

PERSON

WITH

5.

SOLE VOTING POWER

 

0

 
6.

SHARED VOTING POWER

 

2,722,062 (4)

 

7.

 

SOLE DISPOSITIVE POWER

 

0

 

8.

 

SHARED DISPOSITIVE POWER

 

2,722,062 (4)

 

9.

 

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON

 

2,722,062 (4)

10.

CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES*

 

 

11.

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW 9

 

4.985% (4)

12.

TYPE OF REPORTING PERSON*

 

PN

 

(4) Comprised of 2,722,062 shares of common stock underlying shares of convertible preferred stock issuable upon exchange of senior secured notes (which does not include shares of preferred stock that may become issuable in respect of interest that accrues thereunder after the date of this report) held by the reporting person. The provisions of the Preferred Stock restrict the conversion thereof to the extent that, upon such conversion, the number of shares of common stock then beneficially owned by the holder and its affiliates and any other person or entities with which such holder would constitute a Section 13(d) “group” would exceed 4.985% of the total number of shares of the Issuer then outstanding (the “Ownership Cap”). Accordingly, notwithstanding the number of shares reported, the reporting person disclaims beneficial ownership of the shares of common stock issuable upon conversion of such preferred stock to the extent that upon such conversion the number of shares beneficially owned by all reporting persons hereunder, in the aggregate, would exceed the Ownership Cap.