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