0001209191-17-047738.txt : 20170804 0001209191-17-047738.hdr.sgml : 20170804 20170804165531 ACCESSION NUMBER: 0001209191-17-047738 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20170728 FILED AS OF DATE: 20170804 DATE AS OF CHANGE: 20170804 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Hua James CENTRAL INDEX KEY: 0001712049 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-35064 FILM NUMBER: 171009302 MAIL ADDRESS: STREET 1: 40 LAKE BELLEVUE DRIVE CITY: BELLEVUE STATE: WA ZIP: 98108 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 3 1 doc3.xml FORM 3 SUBMISSION X0206 3 2017-07-28 0 0001494448 EMERGENT CAPITAL, INC. EMGC 0001712049 Hua James C/O EMERGENT CAPITAL, INC. 5355 TOWN CENTER ROAD, SUITE 701 BOCA RATON FL 33486 1 0 0 0 Common Stock 375000 I By: Opal Capital Partners, LP Common Stock 10000000 I by: Opal Sheppard Opportunities Fund I LP Warrants (right to buy) purchase Common stock 0.20 2025-07-28 Common Stock 1400000 I By: Opal Sheppard Opportunities Fund I LP The reporting person may be deemed to be a control person of this entity and disclaims beneficial ownership of all shares held by Opal Capital Partners, LP, except to the extent of any indirect pecuniary interest therein. The reporting person may be deemed to be a control person of this entity and disclaims beneficial ownership of all shares held by Opal Sheppard opportunities Fund I LP, except to the extent of any indirect pecuniary interest therein. The warrants will vest at later times tied to the conversion of the issuer's outstanding senior unsecured convertible notes outstanding as of July 28, 2017 (the "Outstanding Convertible Notes") into shares of the issuer's common stock on a 1 to 1 basis; provided that upon the earliest date on which (x) at least 50% of the aggregate principal amount of the Outstanding Convertible Notes are converted into shares of the issuer's common stock, or (y) all of the Outstanding Convertible Notes are no longer outstanding, then all remaining shares of the issuer's common stock under the warrants shall vest and become immediately exercisable. Subject to adjustment in accordance with Article 3 of the warrants. James Hua 2017-08-04 EX-24.3_739222 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/ Jame Hua _____________________ Name: James Hua