| (d) | Title and Class of Securities: |
Common Stock, par value $0.01 per share
| Item 3. | If this statement is filed pursuant to §§240.13d-1(b) or240.13d-2(b) or (c), check whether the person filing is a: |
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(a) | | ☐ | | Broker or dealer registered under Section 15 of the Act; |
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(b) | | ☐ | | Bank as defined in Section 3(a)(6) of the Act; |
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(c) | | ☐ | | Insurance company as defined in Section 3(a)(19) of the Act; |
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(d) | | ☐ | | Investment company registered under Section 8 of the Investment Company Act of 1940; |
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(e) | | ☐ | | An investment adviser in accordance with Rule13d-1(b)(1)(ii)(E); |
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(f) | | ☐ | | An employee benefit plan or endowment fund in accordance with Rule13d-1(b)(1)(ii)(F); |
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(g) | | ☐ | | A parent holding company or control person in accordance with Rule13d-1(b)(1)(ii)(G); |
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(h) | | ☐ | | A savings associations as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813); |
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(i) | | ☐ | | A church plan that is excluded from the definition of an investment company under section 3(c)(14) of the Investment Company Act of 1940; |
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(j) | | ☐ | | Anon-U.S. institution in accordance with Rule240.13d-1(b)(1)(ii)(J); |
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(k) | | ☐ | | Group, in accordance with Rule240.13d-1(b)(1)(ii)(K). If filing as anon-U.S. institution in accordance with Rule240.13d-1(b)(1)(ii)(J), please specify the type of institution: |
The Reporting Persons may be deemed to be the beneficial owners of an aggregate of 19,996,379 shares of the Common Stock of the Issuer, representing 8.26% of the 242,182,385 shares outstanding as set forth in the Issuer’s Quarterly Report on Form10-Q for the quarterly period ended March 31, 2020, filed with the SEC on April 29, 2020.
As of June 19, 2020, THRC Holdings, LP (“Holdings”) owns 17,546,227 shares of the Issuer’s Common Stock. THRC Management, LLC, (“Management”) as General Partner of Holdings, has exclusive voting and investment power over the shares of Issuer’s Common Stock held by Holdings, and therefore may be deemed to beneficially own such shares. Dan H. Wilks, as sole Manager of Management, together with his spouse, Staci Wilks, who shares the same household, may be deemed to exercise voting and investment power over the shares of Issuer’s Common Stock directly owned by Holdings and therefore may be deemed to beneficially own such shares.
Wilks Brothers beneficially owns 1,950,152 shares of Common Stock, representing 0.81% of the Issuer’s issued and outstanding Common Stock. Wilks Brothers, LLC is a manager-managed limited liability company, managed by Dan H. Wilks and Farris Wilks. Dan H. Wilks and Farris Wilks are brothers and may be deemed to indirectly beneficially own the shares of Common Stock directly beneficially owned by Wilks Brothers.
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