0001209191-19-000806.txt : 20190103
0001209191-19-000806.hdr.sgml : 20190103
20190103144850
ACCESSION NUMBER: 0001209191-19-000806
CONFORMED SUBMISSION TYPE: 3
PUBLIC DOCUMENT COUNT: 2
CONFORMED PERIOD OF REPORT: 20181221
FILED AS OF DATE: 20190103
DATE AS OF CHANGE: 20190103
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: Alimco Financial Corp
CENTRAL INDEX KEY: 0001763340
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 3
SEC ACT: 1934 Act
SEC FILE NUMBER: 000-29637
FILM NUMBER: 19504945
BUSINESS ADDRESS:
STREET 1: 3300 SOUTH DIXIE HIGHWAY, SUITE 1-365
CITY: WEST PALM BEACH
STATE: FL
ZIP: 33405
BUSINESS PHONE: (858) 829-6713
MAIL ADDRESS:
STREET 1: 3300 SOUTH DIXIE HIGHWAY, SUITE 1-365
CITY: WEST PALM BEACH
STATE: FL
ZIP: 33405
ISSUER:
COMPANY DATA:
COMPANY CONFORMED NAME: DETERMINE, INC.
CENTRAL INDEX KEY: 0001090908
STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372]
IRS NUMBER: 770432030
STATE OF INCORPORATION: DE
FISCAL YEAR END: 0331
BUSINESS ADDRESS:
STREET 1: 615 WEST CARMEL DRIVE
STREET 2: SUITE 100
CITY: CARMEL
STATE: IN
ZIP: 46032
BUSINESS PHONE: 650-532-1500
MAIL ADDRESS:
STREET 1: 615 WEST CARMEL DRIVE
STREET 2: SUITE 100
CITY: CARMEL
STATE: IN
ZIP: 46032
FORMER COMPANY:
FORMER CONFORMED NAME: SELECTICA INC
DATE OF NAME CHANGE: 19991203
3
1
doc3.xml
FORM 3 SUBMISSION
X0206
3
2018-12-21
0
0001090908
DETERMINE, INC.
DTRM
0001763340
Alimco Financial Corp
3300 SOUTH DIXIE HIGHWAY
SUITE 1-365
WEST PALM BEACH
FL
33405
0
0
1
0
Common Stock
178457
I
By Alimco Financial Corporation
Junior Secured Convertible Promissory Note and PIK Interest
3.00
2015-12-16
2020-12-16
Common Stock
283948
I
By Alimco Financial Corporation
Junior Secured Convertible Promissory Note and PIK Interest
3.00
2016-12-27
2021-12-27
Common Stock
409606
I
By Alimco Financial Corporation
Warrant
0.01
2018-12-21
2023-12-20
Common Stock
5250000
I
By Alimco Financial Corporation
The reporting person disclaims beneficial ownership of these securities except to the extent of it's pecuniary interest therein. This filing shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of any equity securities covered by this filing.
Includes all PIK interest on Junior Secured Convertible Promissory Note.
Subject to adjustment for fractional shares.
/s/ Paul N. Silverstein
Attorney-in-fact
2019-01-03
EX-24.3_823784
2
poa.txt
POA DOCUMENT
LIMITED POWER OF ATTORNEY
FOR SECTION 16 REPORTING OBLIGATIONS
Know all by these presents, that the undersigned hereby makes, constitutes and
appoints Paul N. Silverstein, as the undersigned's true and lawful
attorney-in-fact with full power and authority as hereinafter described to:
(1) prepare, execute and acknowledge for and on behalf of the undersigned, in
the undersigned's capacity as an officer, director and/or a beneficial owner of
more than 10 percent of common stock of Determine, Inc. (the "Company"), Forms
3, 4, and 5 (including any amendments thereto) in accordance with Section 16(a)
of the Securities Exchange Act of 1934 and the rules thereunder (the "Exchange
Act");
(2) do and perform any and all acts for and on behalf of the undersigned which
may be necessary or desirable to prepare, complete and execute any such Form 3,
4, or 5, prepare, complete and execute any amendment or amendments thereto, and
timely deliver and file such form with the United States Securities and Exchange
Commission and any stock exchange or similar authority;
(3) seek or obtain, as the undersigned's representative and on the undersigned's
behalf, information regarding transactions in the Company's securities from any
third party, including brokers, employee benefit plan administrators and
trustees, and the undersigned hereby authorizes any such person to release any
such information to such attorney-in-fact and approves and ratifies any such
release of information; and
(4) take any other action of any type whatsoever in connection with the
foregoing which, in the opinion of such attorney-in-fact, may be of benefit to,
in the best interest of, or legally required by, the undersigned, it being
understood that the documents executed by such attorney-in-fact on behalf of the
undersigned pursuant to this Limited Power of Attorney shall be in such form and
shall contain such terms and conditions as the attorney-in-fact may approve in
the attorney-in-fact's discretion.
The undersigned hereby grants to the attorney-in-fact full power and authority
to do and perform any and every act and thing whatsoever requisite, necessary,
or proper to be done in the exercise of any of the rights and powers herein
granted, as fully to all intents and purposes as the undersigned might or could
do if personally present, with full power of substitution or revocation, hereby
ratifying and confirming all that the attorney-in-fact, or the
attorney-in-fact's substitute or substitutes, shall lawfully do or cause to be
done by virtue of this power of attorney and the rights and powers herein
granted. The undersigned acknowledges that: (i) this power of attorney
authorizes the attorney-in-fact to act in his discretion in preparing Forms 3, 4
and 5 on information provided to the attorney-in-fact without independent
verification of such information; (ii) the attorney-in-fact, in serving in such
capacity at the request of the undersigned, is not assuming nor relieving, nor
is the Company assuming nor relieving, any of the undersigned's responsibilities
to comply with Section 16 of the Exchange Act; (iii) neither the Company nor the
foregoing attorney-in-fact assume any liability for the undersigned's
responsibility to comply with the requirement of the Exchange Act or any
obligation or liability of the undersigned for profit disgorgement under Section
16(b) of the Exchange Act.
This Limited Power of Attorney shall remain in full force and effect until
revoked by the undersigned in a signed writing delivered to the foregoing
attorney-in-fact.
IN WITNESS WHEREOF, the undersigned has caused this Limited Power of Attorney to
be executed as of this 28th day of December, 2018.
ALIMCO FINANCIAL CORPORATION
/s/ Alan B. Howe
---------------------------
Signature
Alan B. Howe
-------------------------
Print Name
Title: Chief Executive Officer