0000921895-16-004282.txt : 20160428
0000921895-16-004282.hdr.sgml : 20160428
20160428175335
ACCESSION NUMBER: 0000921895-16-004282
CONFORMED SUBMISSION TYPE: 4
PUBLIC DOCUMENT COUNT: 1
CONFORMED PERIOD OF REPORT: 20160427
FILED AS OF DATE: 20160428
DATE AS OF CHANGE: 20160428
ISSUER:
COMPANY DATA:
COMPANY CONFORMED NAME: FALCONSTOR SOFTWARE INC
CENTRAL INDEX KEY: 0000922521
STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372]
IRS NUMBER: 770216135
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
BUSINESS ADDRESS:
STREET 1: 125 BAYLIS ROAD
CITY: MELVILLE
STATE: NY
ZIP: 11747
BUSINESS PHONE: 631 777 5188
MAIL ADDRESS:
STREET 1: 125 BAYLIS ROAD
CITY: MELVILLE
STATE: NY
ZIP: 11747
FORMER COMPANY:
FORMER CONFORMED NAME: NETWORK PERIPHERALS INC
DATE OF NAME CHANGE: 19940502
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: HALE MARTIN M JR
CENTRAL INDEX KEY: 0001272935
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 000-23970
FILM NUMBER: 161601477
4
1
form404637006b_04282016.xml
OWNERSHIP DOCUMENT
X0306
4
2016-04-27
0
0000922521
FALCONSTOR SOFTWARE INC
FALC
0001272935
HALE MARTIN M JR
C/O HALE CAPITAL PARTNERS
17 STATE STREET, SUITE 3230
NEW YORK
NY
10004
1
0
1
1
See Remarks
Common Stock
2016-04-27
4
A
0
10000
0
A
30000
D
Common Stock
929582
I
See footnotes
Represents shares of Restricted Stock granted under the FalconStor Software 2016 Outside Directors Equity Compensation Plan. The restrictions will lapse as to 33% of the shares on the date of each of the Company's next two annual meetings of stockholders. The restrictions will lapse as to the remaining 34% of the shares on the date of the Company's 2019 annual meeting of stockholders.
The shares of Common Stock reported herein are held by Hale Capital Partners, LP, a Delaware limited partnership ("HCP"), and HCP-FVA, LLC, a Delaware limited liability company ("HCP-FVA").
Martin Hale, Jr. ("MH") is the Chief Executive Officer of HCP. MH is also (i) the sole owner and managing member of Hale Fund Partners, LLC, a Delaware limited liability company ("HFP"), the general partner of HCP and (ii) the sole owner and Chief Executive Officer of Hale Fund Management, LLC, a Delaware limited liability company ("HFM"). HFM is (i) the general partner of Hale Capital Management, LP ("HCM"), the manager of HCP and (ii) the manager of HCP-FVA. Each of MH, HFP, HFM and HCM disclaims beneficial ownership of the securities reported herein, except to the extent of his or its pecuniary interest.
MH holds these shares for the benefit of HCP via HCP-FVA.
MH serves as a director on the board of directors of the Issuer as a representative of HCP-FVA. Accordingly, HCP, HFP, HFM, HCM and HCP-FVA may be deemed directors by deputization by virtue of the fact that MH currently serves on the board of directors of the Issuer.
/s/ Louis J. Petrucelly as Attorney-in-Fact
2016-04-28