13D

1	NAMES OF REPORTING PERSONS
		Edward A. Mulé
2	CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP					(a) o
						(b) x
3	SEC USE ONLY
4	SOURCE OF FUNDS (SEE INSTRUCTIONS)
		OO
5	CHECK IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e)					o
6	CITIZENSHIP OR PLACE OF ORGANIZATION
		United States
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH			7	SOLE VOTING POWER
					-0-
			8	SHARED VOTING POWER
					1,647,233
			9	SOLE DISPOSITIVE POWER
					-0-
			10	SHARED DISPOSITIVE POWER
					1,647,233
11	AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
		1,647,233
12	CHECK IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES (SEE INSTRUCTIONS)					o
13	PERCENT OF CLASS REPRESENTED IN ROW (11)
		20.0% 1
14	TYPE OF REPORTING PERSON (SEE INSTRUCTIONS)
		IN

1	NAMES OF REPORTING PERSONS
		Robert J. O'Shea
2	CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP					(a) o
						(b) x
3	SEC USE ONLY
4	SOURCE OF FUNDS (SEE INSTRUCTIONS)
		OO
5	CHECK IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e)					o
6	CITIZENSHIP OR PLACE OF ORGANIZATION
		United States
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH			7	SOLE VOTING POWER
					-0-
			8	SHARED VOTING POWER
					1,647,233
			9	SOLE DISPOSITIVE POWER
					-0-
			10	SHARED DISPOSITIVE POWER
					1,647,233
11	AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
		1,647,233
12	CHECK IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES (SEE INSTRUCTIONS)					o
13	PERCENT OF CLASS REPRESENTED IN ROW (11)
		20.0% 1
14	TYPE OF REPORTING PERSON (SEE INSTRUCTIONS)
		IN

 

This Amendment No. 6 amends and supplements the statement on Schedule 13D originally filed by the Reporting Persons on August 12, 2013, as amended by Amendment No. 1 to Schedule 13D filed on October 28, 2013, as amended by Amendment No. 2 to Schedule 13D filed on April 21, 2014, as amended by Amendment No. 3 filed on May 12, 2014, as amended by Amendment No. 4 filed on June 16, 2014, and as amended by Amendment No. 5 filed on December 9, 2014 (as amended, the "Schedule 13D").  Defined terms used and not otherwise defined herein shall have the meanings ascribed to such terms in the Schedule 13D.

 

Item 4(A) of the Schedule 13D is hereby supplemented by adding the following:

On December 24, 2014, Anthony DiNello, an employee of Silver Point and a director nominee of the Minority Shareholders, resigned from his position as a director of the Issuer. On December 24, 2014, the Minority Shareholders provided notice to the Issuer in accordance with the Shareholders Agreement to designate Frederic F. Brace, an individual not affiliated with Silver Point, to the Board. On December 29, 2014, the Board elected Frederic F. Brace to the Board.

Item 4(B) of the Schedule 13D is hereby supplemented by adding the following:

Silver Point plans to acquire the 1,338 vested shares previously granted to Anthony DiNello, a former director of the Issuer and employee of Silver Point. The Reporting Persons already exercise the sole power to vote in accordance with an understanding between Silver Point and Mr. DiNello pursuant to which he holds such shares for the benefit of Silver Point and certain of its affiliates.

As a major creditor of the Issuer, in addition to having the shareholdings in the Issuer identified herein, the Reporting Persons intend to closely monitor and evaluate their  interest in, and intentions with respect to, the Issuer. The Reporting Persons may at any time and from time to time exercise any of the rights the Reporting Persons may have under their credit agreements with the Issuer, including demanding payment when amounts thereunder are due, whether at stated maturity or upon acceleration after any default, and enforcing their rights if a default occurs. In their capacity as a significant secured lender of the Issuer, employees of the Reporting Persons may from time to time discuss with senior executives of the Issuer possible plans and proposals that relate to or would result in certain matters set forth in subparagraphs (a)-(j) of Item 4 of Schedule 13D.

 

 

 

 

 

  

(i) Each of them is individually eligible to use the Schedule 13D to which this Exhibit is attached, and such Schedule 13D is filed on behalf of each of them.

 

(ii) Each of them is responsible for the timely filing of such Schedule 13D and any amendments thereto, and for the completeness and accuracy of the information concerning such person contained therein; provided that none of them is responsible for the completeness or accuracy of the information concerning any other persons making the filing, unless such person knows or has reason to believe that such information is inaccurate.

 

(iii) This Joint Filing Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original instrument, but all of such counterparts together shall constitute but one agreement.