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