|
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934 or Section 30(h) of the Investment Company Act of 1940 |
|
| |||||||||||||||||||||||||||||
|
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | |||
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. | SEC 1474 (9-02) |
1. Title of Derivative Security (Instr. 3) |
2. Conversion or Exercise Price of Derivative Security | 3. Transaction Date (Month/Day/Year) | 3A. Deemed Execution Date, if any (Month/Day/Year) | 4. Transaction Code (Instr. 8) |
5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4, and 5) |
6. Date Exercisable and Expiration Date (Month/Day/Year) |
7. Title and Amount of Underlying Securities (Instr. 3 and 4) |
8. Price of Derivative Security (Instr. 5) |
9. Number of Derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) |
10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4) |
11. Nature of Indirect Beneficial Ownership (Instr. 4) |
||||
Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||||||
Put Option (obligation to purchase) | $ 1.963 | 02/25/2020 | A(1)(5) | 1,018,848 | 02/25/2020 | 05/15/2020 | Common Stock | 1,018,848 | (1) | 1,018,848 | D | ||||
Put Option (obligation to purchase) | $ 1.963 | 05/15/2020 | A(4)(5) | 1,018,848 | 02/25/2020 | 05/15/2020 | Common Stock | 1,018,848 | (1) | 0 | D |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
BERMAN LYLE 130 CHESHIRE LANE, SUITE 101 MINNETONKA, MN 55305 |
X | Chairman |
/s/ Allison Hushek, as attorney-in-fact for Lyle Berman | 06/09/2020 | |
**Signature of Reporting Person | Date |
* | If the form is filed by more than one reporting person, see Instruction 4(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) | On February 25, 2020, the Issuer entered into a Put Option Agreement (the "Put Option") with the reporting person, whereby the Company had the right to sell to the reporting person common stock with an aggregate value of up to $2,000,000 at $1.963 per share through April 9, 2020. On April 7, 2020, the parties amended the Put Option to extend the purchase date through May 15, 2020. |
(2) | 3,534 shares of which were issued to the reporting person pursuant to a restricted stock grant. Restrictions lapse on 9/20/2020. |
(3) | All shares held by the Reporting Person's Revocable Trust. |
(4) | On May 15, 2020, the Company sold the shares to the Reporting Person upon the exercise of the Put Option. |
(5) | This form is being amended to correct the transaction code to an "A" to reflect that the transaction between the director and Issuer is exempt under Rule 16b-3(d). Both Board and Shareholder approval were obtained for the transaction. |
Remarks: Exhibit 24.1 Power of Attorney filed On September 24, 2019 and incorporated herein by reference |