UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940 |
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Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | SEC 1473 (7-02) | ||
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. |
1. Title of Derivative Security (Instr. 4) |
2. Date Exercisable and Expiration Date (Month/Day/Year) |
3. Title and Amount of Securities Underlying Derivative Security (Instr. 4) |
4. Conversion or Exercise Price of Derivative Security | 5. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 5) |
6. Nature of Indirect Beneficial Ownership (Instr. 5) |
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Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||
7% Second Lien Senior Secured Convertible PIK Notes due 2025 (1) | 04/30/2015 | 04/30/2025 | Common Stock, par value $0.01 | 14,125,120 | $ (4) | D (2) (3) | Â |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
MACKAY SHIELDS LLC 1345 AVENUE OF THE AMERICAS NEW YORK, NY 10105 |
 |  X |  | See footnotes(2)(3) |
MAINSTAY FUNDS 1345 AVENUE OF THE AMERICAS NEW YORK, NY 10105 |
 |  X |  | See footnotes(2)(3) |
MAINSTAY VP FUNDS TRUST 1345 AVENUE OF THE AMERICAS NEW YORK, NY 10105 |
 |  X |  | See footnotes(2)(3) |
By: Authorized Signatory, MacKay Sihelds LLC | 05/11/2015 | |
**Signature of Reporting Person | Date | |
By: Authorized Signatory, The MainStay Funds - MainStay High Yield Corporate Bond Fund | 05/11/2015 | |
**Signature of Reporting Person | Date | |
By: Authorized Signatory, Mainstay VP Funds Trust - Mainstay VP High Yield Corporate Bond Portfolio | 05/11/2015 | |
**Signature of Reporting Person | Date |
* | If the form is filed by more than one reporting person, see Instruction 5(b)(v). |
** | Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). |
(1) | There is no trading symbol for the Common Stock, par value $0.01 (the "Shares"), or the 7% Second Lien Senior Secured Convertible PIK Notes due 2025 (the "Second Lien Notes" and, together with the Shares, the "Securities"). |
(2) | MacKay Shields LLC ("MacKay"), an investment adviser registered under Section 203 of the Investment Advisers Act of 1940, may be deemed to be the beneficial owner of 2,531,535 Shares and $123,590,168 aggregate principal of Second Lien Notes, which are currently convertible into 14,125,120 Shares, as a result of acting as investment adviser to various clients. The MainStay Funds - MainStay High Yield Corporate Bond Fund ("MainStay"), an investment company registered under the Investment Company Act of 1940 and a client of MacKay, beneficially owns 1,416,537 Shares and $69,215,341 Second Lien Notes, which are currently convertible into 7,910,621 Shares. MainStay VP Funds Trust - MainStay VP High Yield Corporate Bond Portfolio ("VP"), an investment company registered under the Investment Company Act of 1940 and a client of MacKay, beneficially owns 447,050 Shares and $22,176,352 Second Lien Notes, which are currently convertible into 2,534,535 Shares. |
(3) | In accordance with instruction 5(b)(iv), the entire number of Securities of the Issuer that may be deemed to be beneficially owned by MacKay is reported herein. MacKay disclaims any beneficial ownership of any security listed in this Form 3, except to the extent of any pecuniary interest therein. |
(4) | The initial conversion price shall be $1 of principal amount divided by the conversion rate of 0.11429. The conversion rate shall be subject to adjustment. |