0001144204-19-035772.txt : 20190724
0001144204-19-035772.hdr.sgml : 20190724
20190724172314
ACCESSION NUMBER: 0001144204-19-035772
CONFORMED SUBMISSION TYPE: 4
PUBLIC DOCUMENT COUNT: 1
CONFORMED PERIOD OF REPORT: 20190723
FILED AS OF DATE: 20190724
DATE AS OF CHANGE: 20190724
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: Vintage Capital Management LLC
CENTRAL INDEX KEY: 0001511498
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-36876
FILM NUMBER: 19971790
BUSINESS ADDRESS:
STREET 1: 4705 S APOPKA VINELAND ROAD SUITE 210
CITY: ORLANDO
STATE: FL
ZIP: 32819
BUSINESS PHONE: 407-909-8015
MAIL ADDRESS:
STREET 1: 4705 S APOPKA VINELAND ROAD SUITE 210
CITY: ORLANDO
STATE: FL
ZIP: 32819
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: KAHN CAPITAL MANAGEMENT LLC
CENTRAL INDEX KEY: 0001099408
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-36876
FILM NUMBER: 19971791
BUSINESS ADDRESS:
STREET 1: 4705 S. APOPKA VINELAND ROAD
STREET 2: SUITE 210
CITY: ORLANDO
STATE: FL
ZIP: 32819
BUSINESS PHONE: (407) 876-0279
MAIL ADDRESS:
STREET 1: 4705 S. APOPKA VINELAND ROAD
STREET 2: SUITE 210
CITY: ORLANDO
STATE: FL
ZIP: 32819
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: KAHN BRIAN RANDALL
CENTRAL INDEX KEY: 0001455976
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-36876
FILM NUMBER: 19971792
MAIL ADDRESS:
STREET 1: 5506 WORSHAM COURT
CITY: WINDERMERE
STATE: FL
ZIP: 34786
ISSUER:
COMPANY DATA:
COMPANY CONFORMED NAME: Babcock & Wilcox Enterprises, Inc.
CENTRAL INDEX KEY: 0001630805
STANDARD INDUSTRIAL CLASSIFICATION: HEATING EQUIPMENT, EXCEPT ELECTRIC & WARM AIR FURNACES [3433]
IRS NUMBER: 472783641
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
BUSINESS ADDRESS:
STREET 1: 20 S. VAN BUREN AVENUE
CITY: BARBERTON
STATE: OH
ZIP: 44203
BUSINESS PHONE: 3307534511
MAIL ADDRESS:
STREET 1: 20 S. VAN BUREN AVENUE
CITY: BARBERTON
STATE: OH
ZIP: 44203
4
1
tv525828_form4.xml
FORM 4
X0306
4
2019-07-23
0
0001630805
Babcock & Wilcox Enterprises, Inc.
BW
0001511498
Vintage Capital Management LLC
4705 S APOPKA VINELAND ROAD
SUITE 206
ORLANDO
FL
32819
1
0
1
0
0001099408
KAHN CAPITAL MANAGEMENT LLC
4705 S APOPKA VINELAND ROAD
SUITE 206
ORLANDO
FL
32819
1
0
1
0
0001455976
KAHN BRIAN RANDALL
4705 S APOPKA VINELAND ROAD
SUITE 206
ORLANDO
FL
32819
1
0
1
0
Common Stock
2019-07-23
4
P
0
107207856
0.30
A
157047440
I
Please see footnotes
Represents shares of the Issuer's common stock, par value $0.01 per share (the "Common Stock"), issued pursuant to an Exchange and Purchase Agreement, dated as of July 23, 2019, between the Issuer and Vintage Capital Management, LLC, a Delaware limited liability company ("Vintage Capital"), pursuant to which Vintage Capital cancelled the principal balance of its interest in the Issuer's Tranche A-1 Term Loan totaling $32,162,356.81 under the Issuer's Credit Agreement, dated as of May 11, 2015, among the Issuer, as the borrower, Bank of America, N.A., as Administrative Agent, and the other lenders party thereto, in exchange for newly issued shares of Common Stock at a price per share equal to $0.30.
In addition to Vintage Capital, this Form 4 is being filed jointly by Kahn Capital Management, LLC, a Delaware limited liability company ("Kahn Capital"), and Brian R. Kahn, a citizen of the United States of America, each of whom has the same business address as Vintage Capital.
(Continued from footnote 2) Kahn Capital, as a member and the majority owner of Vintage Capital, may be deemed to have the power to direct the voting and disposition of the shares of Common Stock beneficially owned by Vintage Capital, and may be deemed to be the indirect beneficial owner of such shares. Kahn Capital disclaims beneficial ownership of such shares for all other purposes, except to the extent of its pecuniary interest therein. Mr. Kahn, as the manager of each of Vintage Capital and Kahn Capital, may be deemed to have the power to direct the voting and disposition of the shares of Common Stock beneficially owned by Vintage Capital, and may be deemed to be the indirect beneficial owner of such shares. Mr. Kahn disclaims beneficial ownership of such shares for all other purposes, except to the extent of his pecuniary interest therein.
Vintage Capital Management, LLC, by: /s/ Brian R. Kahn
2019-07-24
Kahn Capital Management, LLC, by: /s/ Brian R. Kahn
2019-07-24
/s/ Brian R. Kahn
2019-07-24