0001209191-17-047007.txt : 20170801
0001209191-17-047007.hdr.sgml : 20170801
20170801201424
ACCESSION NUMBER: 0001209191-17-047007
CONFORMED SUBMISSION TYPE: 4
PUBLIC DOCUMENT COUNT: 2
CONFORMED PERIOD OF REPORT: 20170314
FILED AS OF DATE: 20170801
DATE AS OF CHANGE: 20170801
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: Dakos Andrew
CENTRAL INDEX KEY: 0001341021
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-35064
FILM NUMBER: 17998052
MAIL ADDRESS:
STREET 1: PARK 80 WEST
STREET 2: 250 PEHLE AVE. STE 708
CITY: SADDLE BROOK
STATE: NJ
ZIP: 07663
ISSUER:
COMPANY DATA:
COMPANY CONFORMED NAME: EMERGENT CAPITAL, INC.
CENTRAL INDEX KEY: 0001494448
STANDARD INDUSTRIAL CLASSIFICATION: LIFE INSURANCE [6311]
IRS NUMBER: 300663473
STATE OF INCORPORATION: FL
FISCAL YEAR END: 1231
BUSINESS ADDRESS:
STREET 1: 5355 TOWN CENTER ROAD
STREET 2: SUITE 701
CITY: BOCA RATON
STATE: FL
ZIP: 33486
BUSINESS PHONE: 561-995-4200
MAIL ADDRESS:
STREET 1: 5355 TOWN CENTER ROAD
STREET 2: SUITE 701
CITY: BOCA RATON
STATE: FL
ZIP: 33486
FORMER COMPANY:
FORMER CONFORMED NAME: IMPERIAL HOLDINGS, INC.
DATE OF NAME CHANGE: 20141023
FORMER COMPANY:
FORMER CONFORMED NAME: Imperial Holdings, Inc.
DATE OF NAME CHANGE: 20110211
FORMER COMPANY:
FORMER CONFORMED NAME: Imperial Holdings, LLC
DATE OF NAME CHANGE: 20100617
4
1
doc4.xml
FORM 4 SUBMISSION
X0306
4
2017-03-14
0
0001494448
EMERGENT CAPITAL, INC.
EMGC
0001341021
Dakos Andrew
C/O EMERGENT CAPITAL, INC.
5355 TOWN CENTER ROAD, SUITE 701
BOCA RATON
FL
33486
1
0
0
0
8.50% Senior Unsecured Convertible Notes due 2019
6.59
2017-03-14
4
J
0
315100.00
0.00
D
2014-02-21
2019-02-13
Common Stock
47829
980078
I
See footnote
$6.59 (151.7912 shares of common stock per $1,000 principal amount of notes for notes denominated in $1,000 increments or 0.1517912 shares of common stock per $1.00 principal amount of notes for notes denominated in $1.00 increments), in each case, subject to adjustment in accordance with Article 4 of the indenture governing the 8.50% Senior Unsecured Convertible Notes due 2019 (the "Old Convertible Notes").
At the election of Emergent Capital, Inc., additional Old Convertible Notes were issued in lieu of a cash payment of interest due on the outstanding Old Convertible Notes as of March 14, 2017.
0.1517912 shares of common stock per $1.00 principal amount of notes, subject to adjustment in accordance with Article 4 of the indenture governing the Old Convertible Notes.
The notes are held by certain private investment funds. Bulldog Investors, LLC ("BI") has sole voting and investment power with respect to such notes. The reporting person is a principal of BI and of the general partners of each of such investment fund, and is a limited partner in certain such funds. The reporting person disclaims beneficial ownership of these notes except to the extent of his pecuniary interest therein. These totals do not include $3,088,050 aggregate principal amount of outstanding notes that are owned by BI's Special Opportunities Fund since the reporting person has no pecuniary interest therein. The notes are subject to a conversion limitation imposed by Florida State law that voids any conversion of such notes into shares of common stock to the extent the holder would, after such exercise, directly or indirectly own 10% or more of the shares unless such holder has first applied for and obtained regulatory approval from the Florida Office of Insurance Regulation.
Christopher O'Reilly, attorney in fact for Andrew Dakos
2017-08-01
EX-24.4_738502
2
poa.txt
POA DOCUMENT
POWER OF ATTORNEY
Know all by these presents, that, for good and valuable consideration, the
sufficiency and receipt of which are hereby acknowledged, the undersigned hereby
constitutes and appoints Christopher O'Reilly, Rodney H. Bell and C. Caitlin
Giles, acting alone, the undersigned's true and lawful attorney-in-fact to:
1. execute for and on behalf of the undersigned (in accordance with Section
16(a) of the Securities Exchange Act of 1934, as amended, and the rules
thereunder (the "Exchange Act")), in the undersigned's capacity as an officer
and/or director of EMERGENT CAPITAL, INC. (the "Company"), any and all Forms 3,
4 and/or 5, and any amendments thereto, that are necessary or advisable for the
undersigned to file under Section 16(a) (collectively, "Documents");
2. do and perform any and all acts for and on behalf of the undersigned that
may be necessary or desirable to complete and execute any such Documents and
timely file such Documents with the United States Securities and Exchange
Commission and any stock exchange or similar authority; and
3. 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 Power of Attorney shall be in such form and shall
contain such terms and conditions as such attorney-in-fact may approve in such
attorney-in-fact's discretion.
The undersigned hereby grants to such 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 such attorney-in-fact (or such
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 such attorney-in-fact, in serving in
such capacity at the request of the undersigned, is not assuming, nor is such
attorney-in-fact's substitute or substitutes assuming, any of the undersigned's
responsibilities to comply with the Exchange Act. The undersigned agrees to
defend and hold harmless such attorney-in-fact (and such attorney-in-fact's
substitute or substitutes) from and against any and all loss, damage or
liability that such attorney-in-fact may sustain as a result of any action taken
in good faith hereunder.
This Power of Attorney shall remain in full force and effect until the
undersigned is no longer required to file Documents with respect to the
undersigned's holdings of and transactions in securities issued by the Company,
unless earlier revoked by the undersigned in a signed writing delivered to the
foregoing attorney-in-fact. This Power of Attorney shall be construed under the
laws of the state of Florida, without regard to conflict of law principles.
IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be
executed as of this 25th day of July, 2017.
/s/ Andrew Dakos
_____________________ Name:
Andrew Dakos