HALE MARTIN M JR 4
4 · FALCONSTOR SOFTWARE INC · Filed Nov 21, 2017
Insider Transaction Report
Form 4
HALE MARTIN M JR
Director10% Owner
Transactions
- Award
Warrants
2017-11-17+13,859,128→ 13,859,128 total(indirect: See Footnotes)Exercise: $0.00From: 2017-11-17Exp: 2027-11-17→ Common Stock (13,859,128 underlying)
Footnotes (3)
- [F1]The warrants reported herein were issued by Falconstor Software, Inc. (the "Issuer") to HCP-FVA, LLC, a Delaware limited liability company ("HCP-FVA"), in connection with (i) a loan made to the Issuer by HCP-FVA in the principal amount of $500,000 and (ii) a commitment from Hale Capital Partners, LP ("HCP") to purchase up to $3,000,000 worth of units from the Issuer in a proposed private placement of units subject to, and on the terms and conditions set forth in, that certain commitment letter, dated as of November 17, 2017, by and between HCP and the Issuer.
- [F2]The warrants to purchase shares of common stock of the Issuer reported herein are held by HCP-FVA.
- [F3]Martin Hale, Jr. ("MH") is the Chief Executive Officer of HCP. MH is also (i) the sole owner and managing member of Hale Fund Partners, LLC, a Delaware limited liability company ("HFP"), the general partner of HCP and (ii) the sole owner and Chief Executive Officer of Hale Fund Management, LLC, a Delaware limited liability company ("HFM"). HFM is (i) the general partner of Hale Capital Management, LP ("HCM"), the manager of HCP and (ii) the manager of HCP-FVA. Each of MH, HFP, HFM and HCM disclaims beneficial ownership of the securities reported herein, except to the extent of his or its pecuniary interest.