Khosla Victor 4
4 · DUNE ENERGY INC · Filed Jan 4, 2013
Insider Transaction Report
Form 4
DUNE ENERGY INCDUNR
Khosla Victor
Director10% Owner
Transactions
- Award
Common Stock, par value $0.001 per share
2012-12-20+689,986→ 2,147,785 total(indirect: See footnotes) - Award
Common Stock, par value $0.001 per share
2012-12-20+234,754→ 730,742 total(indirect: See footnotes) - Award
Common Stock, par value $0.001 per share
2012-12-20+3,976,068→ 11,771,513 total(indirect: See footnotes)
Footnotes (5)
- [F1]The filing of this Form 4 shall not be construed as an admission that Strategic Value Partners, LLC ("Strategic Value Partners") or Victor Khosla (together with Strategic Value Partners, the "Reporting Persons") is or was for the purposes of Section 16(a) of the Securities Exchange Act of 1934, as amended, or otherwise the beneficial owner of any of the shares of Common Stock, par value $0.001 per share (the "Common Stock"), of Dune Energy Inc. (the "Issuer") which are owned by certain investment vehicles (the "Investment Vehicles") advised by Strategic Value Partners and its subsidiary either directly or through their interests in High Ridge Ltd. ("High Ridge") or Mardi Gras Ltd. ("Mardi Gras"), as applicable. Pursuant to Rule 16a-1, the Reporting Persons disclaim such beneficial ownership, except to the extent of their pecuniary interest.
- [F2]On December 20, 2012, High Ridge, Mardi Gras, SVP Special Situations LLC ("Special Situations"), and the Issuer entered into a Common Stock Purchase Agreement, pursuant to which the Issuer issued 3,976,068, 689,986 and 234,754 shares of Common Stock to High Ridge, Mardi Gras and SVPSS, respectively, in exchange for an aggregate consideration of $7,841,293.45. This acquisition from the Issuer was exempted pursuant to Rule 16b-3.
- [F3]Victor Khosla beneficially owns a portion of general partner entities that have an indirect profits interest in the 11,771,513 shares of Common Stock owned by High Ridge. Strategic Value Partners, although it directs the voting and disposition of the shares, only receives an asset-based fee relating to the shares of Common Stock. Mr. Khosla also has direct and indirect investments in the Investment Vehicles that invest in High Ridge.
- [F4]Victor Khosla beneficially owns a portion of general partner entities that have an indirect profits interest in the 2,147,785 shares of Common Stock owned by Mardi Gras. Strategic Value Partners, although it directs the voting and disposition of the shares through its subsidiary SVP Special Situations, only indirectly receives an asset-based fee relating to the shares of Common Stock. Mr. Khosla also has a direct and indirect investment in the Investment Vehicle that invests in Mardi Gras.
- [F5]Victor Khosla beneficially owns a portion of general partner entities that have an indirect profits interest in the 730,742 shares of Common Stock owned directly by an Investment Vehicle, Strategic Value Special Situations Fund, L.P. Strategic Value Partners, although it directs the voting and disposition of the shares through Special Situations, only indirectly receives an asset-based fee relating to the shares of Common Stock. Mr. Khosla also has a direct and indirect investment in the Investment Vehicle.