Ich glaube letzteres! Meiner Meinung nach sind die Warrants noch nicht ausgeübt worden, und werden es auch nicht bis zum 20. März 2015 Hier wird erklärt, wie die 71,465,629 zustande kommen: http://www.sec.gov/Archives/edgar/data/933136/.../a15-1349_3sc13d.htm
Item 5. Interest in Securities of the Issuer.
(a) and (b). The Reporting Persons beneficially own an aggregate of 71,465,629 shares of Common Stock, which represent, in the aggregate, approximately, 26.1% of the outstanding shares of Common Stock. The 71,465,629 shares of Common Stock consist of 1,000,000 shares of Series A Convertible Preferred Stock (“Series A Preferred Stock”) held directly by KKR Fund Holdings convertible into 10,065,629 shares of Common Stock, and warrants exercisable for 61,400,000 shares of Common Stock. The percentage of beneficial ownership in this Schedule 13D is based on an aggregate of 202,343,245 shares of Common Stock outstanding as of November 5, 2014, as reported by the Issuer on its Form 10-Q filed by the Issuer with the Securities and Exchange Commission (“SEC”) on November 7, 2014, and assumes that all 71,465,629 shares underlying such Series A Preferred Stock and warrants have been converted or exercised, as applicable, and are outstanding.
Und etwas weiter unten im KKR Side Letter
KKR Side Letter
On December 19, 2014, the Issuer entered into a Letter Agreement (the “Side Letter”) with KKR Fund Holdings and KKR Management Holdings L.P. Pursuant to the Side Letter, KKR Fund Holdings and KKR Management Holdings L.P. agreed, as applicable, not to (i) convert any or all of the Series A Preferred Stock, (ii) exercise the right to acquire Common Stock of the Issuer, in whole or in part, under any of the Warrants, or (iii) offer, sell, assign, transfer, or otherwise dispose of any of the Series A Preferred Stock or Warrants, in either case until on or after March 20, 2015.
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