SECURITIES AND EXCHANGE COMMISSION | ||
Washington, D.C. 20549 | ||
SCHEDULE 13G | ||
Under the Securities Exchange Act of 1934 | ||
(Amendment No.__)* | ||
Genco Shipping & Trading Limited | ||
(Name of Issuer) | ||
Common Stock, par value $0.01 per share | ||
(Title of Class of Securities) | ||
Y2685T115 | ||
(CUSIP Number) | ||
July 9, 2014 | ||
(Date of Event Which Requires Filing of this Statement) | ||
Check the appropriate box to designate the rule pursuant to which this Schedule is filed: | ||
¨ | Rule 13d-1(b) | |
ý | Rule 13d-1(c) | |
¨ | Rule 13d-1(d) | |
(Page 1 of 19 Pages) |
______________________________
*The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page.
The information required in the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).
CUSIP No. Y2685T115 | 13G | Page 2 of 19 Pages |
1 |
NAME OF REPORTING PERSON
M. H. Davidson & Co. | |||
2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP |
(a) ¨ (b) ý | ||
3 | SEC USE ONLY | |||
4 |
CITIZENSHIP OR PLACE OF ORGANIZATION New York | |||
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH |
5 |
SOLE VOTING POWER 0 | ||
6 |
SHARED VOTING POWER 161,178 | |||
7 |
SOLE DISPOSITIVE POWER 0 | |||
8 |
SHARED DISPOSITIVE POWER 161,178 | |||
9 |
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 161,178 | |||
10 | CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES | ¨ | ||
11 |
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) 0.27% | |||
12 |
TYPE OF REPORTING PERSON PN | |||
CUSIP No. Y2685T115 | 13G | Page 3 of 19 Pages |
1 |
NAME OF REPORTING PERSON Davidson Kempner Partners
| |||
2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP |
(a) ¨ (b) ý | ||
3 | SEC USE ONLY | |||
4 |
CITIZENSHIP OR PLACE OF ORGANIZATION New York | |||
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH |
5 |
SOLE VOTING POWER 0 | ||
6 |
SHARED VOTING POWER 814,298 | |||
7 |
SOLE DISPOSITIVE POWER 0 | |||
8 |
SHARED DISPOSITIVE POWER 814,298 | |||
9 |
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 814,298 | |||
10 | CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES | ¨ | ||
11 |
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) 1.32% | |||
12 |
TYPE OF REPORTING PERSON PN | |||
CUSIP No. Y2685T115 | 13G | Page 4 of 19 Pages |
1 |
NAME OF REPORTING PERSON Davidson Kempner Institutional Partners, L.P.
| |||
2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP |
(a ¨ (b) ý | ||
3 | SEC USE ONLY | |||
4 |
CITIZENSHIP OR PLACE OF ORGANIZATION Delaware | |||
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH |
5 |
SOLE VOTING POWER 0 | ||
6 |
SHARED VOTING POWER 1,751,770 | |||
7 |
SOLE DISPOSITIVE POWER 0 | |||
8 |
SHARED DISPOSITIVE POWER 1,751,770 | |||
9 |
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 1,751,770 | |||
10 | CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES | ¨ | ||
11 |
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) 2.84% | |||
12 |
TYPE OF REPORTING PERSON PN | |||
CUSIP No. Y2685T115 | 13G | Page 5 of 19 Pages |
1 |
NAME OF REPORTING PERSON Davidson Kempner International, Ltd.
| |||
2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP |
(a) ¨ (b) ý | ||
3 | SEC USE ONLY | |||
4 |
CITIZENSHIP OR PLACE OF ORGANIZATION British Virgin Islands | |||
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH |
5 |
SOLE VOTING POWER 0 | ||
6 |
SHARED VOTING POWER 1,675,555 | |||
7 |
SOLE DISPOSITIVE POWER 0 | |||
8 |
SHARED DISPOSITIVE POWER 1,675,555 | |||
9 |
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 1,675,555 | |||
10 | CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES | ¨ | ||
11 |
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) 2.72% | |||
12 |
TYPE OF REPORTING PERSON CO | |||
CUSIP No. Y2685T115 | 13G | Page 6 of 19 Pages |
1 |
NAME OF REPORTING PERSON Davidson Kempner Distressed Opportunities Fund LP | |||
2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP |
(a) ¨ (b) ý | ||
3 | SEC USE ONLY | |||
4 |
CITIZENSHIP OR PLACE OF ORGANIZATION Delaware | |||
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH |
5 |
SOLE VOTING POWER 0 | ||
6 |
SHARED VOTING POWER 683,853 | |||
7 |
SOLE DISPOSITIVE POWER 0 | |||
8 |
SHARED DISPOSITIVE POWER 683,853 | |||
9 |
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 683,853 | |||
10 | CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES | ¨ | ||
11 |
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) 1.11% | |||
12 |
TYPE OF REPORTING PERSON PN | |||
CUSIP No. Y2685T115 | 13G | Page 7 of 19 Pages |
1 |
NAME OF REPORTING PERSON Davidson Kempner Distressed Opportunities International Ltd. | |||
2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP |
(a) ¨ (b) ý | ||
3 | SEC USE ONLY | |||
4 |
CITIZENSHIP OR PLACE OF ORGANIZATION Cayman Islands | |||
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH |
5 |
SOLE VOTING POWER 0 | ||
6 |
SHARED VOTING POWER 990,299 | |||
7 |
SOLE DISPOSITIVE POWER 0 | |||
8 |
SHARED DISPOSITIVE POWER 990,299 | |||
9 |
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 990,299 | |||
10 | CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES | ¨ | ||
11 |
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) 1.61% | |||
12 |
TYPE OF REPORTING PERSON CO | |||
CUSIP No. Y2685T115 | 13G | Page 8 of 19 Pages |
1 |
NAME OF REPORTING PERSON Davidson Kempner Capital Management LP | |||
2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP |
(a) ¨ (b) ý | ||
3 | SEC USE ONLY | |||
4 |
CITIZENSHIP OR PLACE OF ORGANIZATION Delaware | |||
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH |
5 |
SOLE VOTING POWER 0 | ||
6 |
SHARED VOTING POWER 6,082,953 | |||
7 |
SOLE DISPOSITIVE POWER 0 | |||
8 |
SHARED DISPOSITIVE POWER 6,082,953 | |||
9 |
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 6,082,953 | |||
10 | CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES | ¨ | ||
11 |
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) 9.86% | |||
12 |
TYPE OF REPORTING PERSON PN | |||
CUSIP No. Y2685T115 | 13G | Page 9 of 19 Pages |
1 |
NAME OF REPORTING PERSON Thomas L. Kempner, Jr. | |||
2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP |
(a) ¨ (b) ý | ||
3 | SEC USE ONLY | |||
4 |
CITIZENSHIP OR PLACE OF ORGANIZATION United States | |||
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH |
5 |
SOLE VOTING POWER 0 | ||
6 |
SHARED VOTING POWER 6,082,953 | |||
7 |
SOLE DISPOSITIVE POWER 0 | |||
8 |
SHARED DISPOSITIVE POWER 6,082,953 | |||
9 |
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 6,082,953 | |||
10 | CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES | ¨ | ||
11 |
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) 9.86% | |||
12 |
TYPE OF REPORTING PERSON IN | |||
CUSIP No. Y2685T115 | 13G | Page 10 of 19 Pages |
1 |
NAME OF REPORTING PERSON Anthony A. Yoseloff | |||
2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP |
(a) ¨ (b) ý | ||
3 | SEC USE ONLY | |||
4 |
CITIZENSHIP OR PLACE OF ORGANIZATION United States | |||
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH |
5 |
SOLE VOTING POWER 0 | ||
6 |
SHARED VOTING POWER 6,082,953 | |||
7 |
SOLE DISPOSITIVE POWER 0 | |||
8 |
SHARED DISPOSITIVE POWER 6,082,953 | |||
9 |
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 6,082,953 | |||
10 | CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES | ¨ | ||
11 |
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) 9.86% | |||
12 |
TYPE OF REPORTING PERSON IN | |||
CUSIP No. Y2685T115 | 13G | Page 11 of 19 Pages |
1 |
NAME OF REPORTING PERSON Conor Bastable | |||
2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP |
(a) ¨ (b) ý | ||
3 | SEC USE ONLY | |||
4 |
CITIZENSHIP OR PLACE OF ORGANIZATION United States | |||
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH |
5 |
SOLE VOTING POWER 0 | ||
6 |
SHARED VOTING POWER 6,082,953 | |||
7 |
SOLE DISPOSITIVE POWER 0 | |||
8 |
SHARED DISPOSITIVE POWER 6,082,953 | |||
9 |
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 6,082,953 | |||
10 | CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES | ¨ | ||
11 |
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) 9.86% | |||
12 |
TYPE OF REPORTING PERSON IN | |||
CUSIP No. Y2685T115 | 13G | Page 12 of 19 Pages |
1 |
NAME OF REPORTING PERSON Avram Z. Friedman | |||
2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP |
(a) ¨ (b) ý | ||
3 | SEC USE ONLY | |||
4 |
CITIZENSHIP OR PLACE OF ORGANIZATION United States | |||
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH |
5 |
SOLE VOTING POWER 0 | ||
6 |
SHARED VOTING POWER 6,082,953 | |||
7 |
SOLE DISPOSITIVE POWER 0 | |||
8 |
SHARED DISPOSITIVE POWER 6,082,953 | |||
9 |
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 6,082,953 | |||
10 | CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES | ¨ | ||
11 |
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) 9.86% | |||
12 |
TYPE OF REPORTING PERSON IN | |||
CUSIP No. Y2685T115 | 13G | Page 13 of 19 Pages |
Item 1(a). | NAME OF ISSUER |
Genco Shipping & Trading Limited (the "Issuer") |
Item 1(b). | ADDRESS OF ISSUER'S PRINCIPAL EXECUTIVE OFFICES |
299 Park Avenue, 12th Floor, New York, New York 10171 |
Item 2(a). | NAME OF PERSON FILING |
This Statement is filed by each of the entities and persons listed below, all of whom together are referred to herein as the "Reporting Persons": |
(i) | M. H. Davidson & Co., a New York limited partnership ("CO"). M.H. Davidson & Co. GP, L.L.C., a Delaware limited liability company, is the general partner of CO. DKCM (as defined below) is responsible for the voting and investment decisions of CO; | |
(ii) | Davidson Kempner Partners, a New York limited partnership ("DKP"). MHD Management Co., a New York limited partnership ("MHD"), is the general partner of DKP and MHD Management Co. GP, L.L.C., a Delaware limited liability company is the general partner of MHD. DKCM is responsible for the voting and investment decisions of DKP; | |
(iii) | Davidson Kempner Institutional Partners, L.P., a Delaware limited partnership ("DKIP"). Davidson Kempner Advisers Inc., a New York corporation, is the general partner of DKIP. DKCM is responsible for the voting and investment decisions of DKIP; | |
(iv) | Davidson Kempner International, Ltd., a British Virgin Islands corporation ("DKIL"). Davidson Kempner International Advisors, L.L.C., a Delaware limited liability company, is the investment manager of DKIL. DKCM is responsible for the voting and investment decisions of DKIL; | |
(v) | Davidson Kempner Distressed Opportunities Fund LP, a Delaware limited partnership ("DKDOF"). DK Group LLC, a Delaware limited liability company, is the general partner of DKDOF. DKCM is responsible for the voting and investment decisions of DKDOF; | |
(vi) | Davidson Kempner Distressed Opportunities International Ltd., a Cayman Islands exempted company ("DKDOI"). DK Management Partners LP, a Delaware limited partnership, is the investment manager of DKDOI. DKCM is responsible for the voting and investment decisions of DKDOI; | |
(vii) | Davidson Kempner Capital Management LP, a Delaware limited partnership and a registered investment adviser with the U.S. Securities and Exchange Commission, acts as investment manager to each of CO, DKP, DKIP, DKIL, DKDOF and DKDOI ("DKCM") either directly or by virtue a sub-advisory agreement with the investment manager of the relevant fund. DKCM GP LLC, a Delaware limited liability company, is the general partner of DKCM. The managing member of DKCM are Messrs. Thomas L. Kempner, Jr., Stephen M. Dowicz, Timothy I. Levart, Robert J. Brivio, Jr., Anthony A. Yoseloff, Eric P. Epstein, Avram Z. Friedman, Conor Bastable, Shulamit Leviant, Morgan Blackwell, Patrick W. Dennis and Gabriel T. Schwartz; and |
CUSIP No. Y2685T115 | 13G | Page 14 of 19 Pages |
(viii) | Messrs. Thomas L. Kempner, Jr., Anthony A. Yoseloff, Conor Bastable and Avram Z. Friedman through DKCM, are responsible for the voting and investment decisions relating to the securities held by CO, DKP, DKIP, DKIL, DKDOF and DKDOI reported herein. |
Item 2(b). | ADDRESS OF PRINCIPAL BUSINESS OFFICE OR, IF NONE, RESIDENCE |
The address of the principal business office of each of the Reporting Persons is c/o Davidson Kempner Partners, 65 East 55th Street, 19th Floor, New York, New York 10022. |
Item 2(c). | CITIZENSHIP |
(i) | CO – a New York limited partnership | |
(ii) | DKP – a New York limited partnership | |
(iii) | DKIP – a Delaware limited partnership | |
(iv) | DKIL – a British Virgin Islands corporation | |
(v) | DKDOF- a Delaware limited partnership | |
(vi) | DKDOI - a Cayman Islands exempted company | |
(vii) | DKCM – a Delaware limited partnership | |
(viii) | Messrs. Thomas L. Kempner, Jr., Anthony A. Yoseloff, Conor Bastable and Avram Z. Friedman – United States |
Item 2(d). | TITLE OF CLASS OF SECURITIES |
Common Stock, par value $1.00 per share (the "Common Stock") |
Item 2(e). | CUSIP NUMBER: |
Y2685T115 |
Item 3. | IF THIS STATEMENT IS FILED PURSUANT TO RULES 13d-1(b), OR 13d-2(b) OR (c), CHECK WHETHER THE PERSON FILING IS A: |
(a) | ¨ | Broker or dealer registered under Section 15 of the Act; | |
(b) | ¨ | Bank as defined in Section 3(a)(6) of the Act; | |
(c) | ¨ | Insurance company as defined in Section 3(a)(19) of the Act; | |
(d) | ¨ | Investment company registered under Section 8 of the Investment Company Act of 1940; | |
(e) | ¨ | An investment adviser in accordance with Rule 13d-1(b)(1)(ii)(E); |
CUSIP No. Y2685T115 | 13G | Page 15 of 19 Pages |
(f) | ¨ | An employee benefit plan or endowment fund in accordance with Rule 13d-1(b)(1)(ii)(F); | |
(g) | ¨ | A parent holding company or control person in accordance with Rule 13d-1(b)(1)(ii)(G); | |
(h) | ¨ | A savings association as defined in Section 3(b) of the Federal Deposit Insurance Act; | |
(i) | ¨ | A church plan that is excluded from the definition of an investment company under Section 3(c)(14) of the Investment Company Act; | |
(j) | ¨ | A non-U.S. institution in accordance with Rule 13d-1(b)(1)(ii)(J); | |
(k) | ¨ | Group, in accordance with Rule 13d-1(b)(1)(ii)(K). |
If filing as a non-U.S. institution in accordance with Rule 13d-1(b)(1)(ii)(J), please specify the type of institution: __________________________________________ |
Item 4. | OWNERSHIP. |
The percentages used in this Schedule 13G are calculated based upon 61,700,000 shares of Common Stock outstanding as of the effective date of the Issuer's plan of reorganization, as reported in the Issuer's Current Report on Form 8-K filed on July 7, 2014. |
A. | CO | ||||
(a) | Amount beneficially owned: 167,178 | ||||
(b) | Percent of class: 0.27%. | ||||
(c) | (i) | Sole power to vote or direct the vote: 0 | |||
(ii) | Shared power to vote or direct the vote: 167,178 | ||||
(iii) | Sole power to dispose or direct the disposition: 0 | ||||
(iv) | Shared power to dispose or direct the disposition of: 167,178 |
B. | DKP | ||||
(a) | Amount beneficially owned: 814,298 | ||||
(b) | Percent of class: 1.32%. | ||||
(c) | (i) | Sole power to vote or direct the vote: 0 | |||
(ii) | Shared power to vote or direct the vote: 814,298 | ||||
(iii) | Sole power to dispose or direct the disposition: 0 | ||||
(iv) | Shared power to dispose or direct the disposition: 814,298 |
C. | DKIP | ||||
(a) | Amount beneficially owned: 1,751,770 | ||||
(b) | Percent of class: 2.84%. | ||||
(c) | (i) | Sole power to vote or direct the vote: 0 | |||
(ii) | Shared power to vote or direct the vote: 1,751,770 | ||||
(iii) | Sole power to dispose or direct the disposition: 0 | ||||
(iv) | Shared power to dispose or direct the disposition: 1,751,770 |
CUSIP No. Y2685T115 | 13G | Page 16 of 19 Pages |
D. | DKIL | ||||
(a) | Amount beneficially owned: 1,675,555 | ||||
(b) | Percent of class: 2.72%. | ||||
(c) | (i) | Sole power to vote or direct the vote: 0 | |||
(ii) | Shared power to vote or direct the vote: 1,675,555 | ||||
(iii) | Sole power to dispose or direct the disposition: 0 | ||||
(iv) | Shared power to dispose or direct the disposition: 1,675,555 |
E. | DKDOF | ||||
(a) | Amount beneficially owned: 683,853 | ||||
(b) | Percent of class: 1.11%. | ||||
(c) | (i) | Sole power to vote or direct the vote: 0 | |||
(ii) | Shared power to vote or direct the vote: 683,853 | ||||
(iii) | Sole power to dispose or direct the disposition: 0 | ||||
(iv) | Shared power to dispose or direct the disposition: 683,853 |
F. | DKDOI | ||||
(a) | Amount beneficially owned: 990,299 | ||||
(b) | Percent of class: 1.61%. | ||||
(c) | (i) | Sole power to vote or direct the vote: 0 | |||
(ii) | Shared power to vote or direct the vote: 990,299 | ||||
(iii) | Sole power to dispose or direct the disposition: 0 | ||||
(iv) | Shared power to dispose or direct the disposition: 990,299 |
G. | DKCM | ||||
(a) | Amount beneficially owned: 6,082,953 | ||||
(b) | Percent of class: 9.86% | ||||
(c) | (i) | Sole power to vote or direct the vote: 0 | |||
(ii) | Shared power to vote or direct the vote: 6,082,953 | ||||
(iii) | Sole power to dispose or direct the disposition: 0 | ||||
(iv) | Shared power to dispose or direct the disposition: 6,082,953 |
H. | Thomas L. Kempner, Jr. | ||||
(a) | Amount beneficially owned: 6,082,953 | ||||
(b) | Percent of class: 9.86% | ||||
(c) | (i) | Sole power to vote or direct the vote: 0 | |||
(ii) | Shared power to vote or direct the vote: 6,082,953 | ||||
(iii) | Sole power to dispose or direct the disposition: 0 | ||||
(iv) | Shared power to dispose or direct the disposition: 6,082,953 |
I. | Anthony A. Yoseloff | ||||
(a) | Amount beneficially owned: 6,082,953 | ||||
(b) | Percent of class: 9.86% | ||||
(c) | (i) | Sole power to vote or direct the vote: 0 | |||
(ii) | Shared power to vote or direct the vote: 6,082,953 | ||||
(iii) | Sole power to dispose or direct the disposition: 0 | ||||
(iv) | Shared power to dispose or direct the disposition: 6,082,953 |
CUSIP No. Y2685T115 | 13G | Page 17 of 19 Pages |
J. | Conor Bastable | ||||
(a) | Amount beneficially owned: 6,082,953 | ||||
(b) | Percent of class: 9.86% | ||||
(c) | (i) | Sole power to vote or direct the vote: 0 | |||
(ii) | Shared power to vote or direct the vote: 6,082,953 | ||||
(iii) | Sole power to dispose or direct the disposition: 0 | ||||
(iv) | Shared power to dispose or direct the disposition: 6,082,953 |
K. | Avram Z. Friedman | ||||
(a) | Amount beneficially owned: 6,082,953 | ||||
(b) | Percent of class: 9.86% | ||||
(c) | (i) | Sole power to vote or direct the vote: 0 | |||
(ii) | Shared power to vote or direct the vote: 6,082,953 | ||||
(iii) | Sole power to dispose or direct the disposition: 0 | ||||
(iv) | Shared power to dispose or direct the disposition: 6,082,953 |
Item 5. | OWNERSHIP OF FIVE PERCENT OR LESS OF A CLASS. |
Not applicable. |
Item 6. | OWNERSHIP OF MORE THAN FIVE PERCENT ON BEHALF OF ANOTHER PERSON. |
Not applicable. |
Item 7. | IDENTIFICATION AND CLASSIFICATION OF THE SUBSIDIARY WHICH ACQUIRED THE SECURITY BEING REPORTED ON BY THE PARENT HOLDING COMPANY OR CONTROL PERSON. |
Not applicable. |
Item 8. | IDENTIFICATION AND CLASSIFICATION OF MEMBERS OF THE GROUP. |
Not applicable. |
Item 9. | NOTICE OF DISSOLUTION OF GROUP. |
Not applicable. |
Item 10. | CERTIFICATION. |
Each of the Reporting Persons hereby makes the following certification: | |
By signing below each Reporting Person certifies that, to the best of his or its knowledge and belief, the securities referred to above were not acquired and are not held for the purpose of or with the effect of changing or influencing the control of the issuer of the securities and were not acquired and are not held in connection with or as a participant in any transaction having that purpose or effect. |
CUSIP No. Y2685T115 | 13G | Page 18 of 19 Pages |
SIGNATURES
After reasonable inquiry and to the best of his or its knowledge and belief, each of the undersigned certifies that the information set forth in this statement is true, complete and correct.
DATE: July 21, 2014 | m.h. davidson & Co. |
By: M.H. Davidson & Co. GP, L.L.C., | |
its General Partner | |
/s/ Thomas L. Kempner, Jr. | |
Name: Thomas L. Kempner, Jr. | |
Title: Executive Managing Member | |
davidson kempner partners | |
By: MHD Management Co., | |
its General Partner | |
By: MHD Management Co. GP, L.L.C., | |
its General Partner | |
/s/ Thomas L. Kempner, Jr. | |
Name: Thomas L. Kempner, Jr. | |
Title: Executive Managing Member | |
DAVIDSON KEMPNER institutional partners, L.P. | |
By: Davidson Kempner Advisers Inc., | |
its General Partner | |
/s/ Thomas L. Kempner, Jr. | |
Name: Thomas L. Kempner, Jr. | |
Title: President | |
davidson kempner international, ltd. | |
By: Davidson Kempner International Advisors, L.L.C., | |
its Investment Manager | |
/s/ Thomas L. Kempner, Jr. | |
Name: Thomas L. Kempner, Jr. | |
Title: Executive Managing Member | |
DAVIDSON KEMPNER DISTRESSED OPPORTUNITIES FUND LP | |
By: DK Group LLC, | |
its General Partner |
/s/ Thomas L. Kempner, Jr. | |
Name: Thomas L. Kempner, Jr. | |
Title: Executive Managing Member | |
DAVIDSON KEMPNER DISTRESSED OPPORTUNITIES INTERNATIONAL LTD. | |
By: DK Management Partners LP, | |
its Investment Manager | |
By: DK Stillwater GP LLC, | |
its General Partner | |
/s/ Thomas L. Kempner, Jr. | |
Name: Thomas L. Kempner, Jr. | |
Title: Executive Managing Member | |
Davidson Kempner Capital Management LP | |
/s/ Thomas L. Kempner, Jr. | |
Name: Thomas L. Kempner, Jr. | |
Title: Executive Managing Member | |
/s/ Thomas L. Kempner, Jr. | |
Thomas L. Kempner, Jr. | |
/s/ Anthony A. Yoseloff | |
Anthony A. Yoseloff | |
/s/ Avram Z. Friedman | |
Avram Z. Friedman | |
/s/ Conor Bastable | |
Conor Bastable | |
CUSIP No. Y2685T115 | 13G | Page 19 of 19 Pages |
EXHIBIT 1
JOINT FILING AGREEMENT
PURSUANT TO RULE 13d-1(k)
The undersigned acknowledge and agree that the foregoing statement on Schedule 13G is filed on behalf of each of the undersigned and that all subsequent amendments to this statement on Schedule 13G shall be filed on behalf of each of the undersigned without the necessity of filing additional joint filing agreements. The undersigned acknowledge that each shall be responsible for the timely filing of such amendments, and for the completeness and accuracy of the information concerning him or it contained herein and therein, but shall not be responsible for the completeness and accuracy of the information concerning the others, except to the extent that he or it knows or has reason to believe that such information is inaccurate.
DATE: July 21, 2014 | m.h. davidson & Co. |
By: M.H. Davidson & Co. GP, L.L.C., | |
its General Partner | |
/s/ Thomas L. Kempner, Jr. | |
Name: Thomas L. Kempner, Jr. | |
Title: Executive Managing Member | |
davidson kempner partners | |
By: MHD Management Co., | |
its General Partner | |
By: MHD Management Co. GP, L.L.C., | |
its General Partner | |
/s/ Thomas L. Kempner, Jr. | |
Name: Thomas L. Kempner, Jr. | |
Title: Executive Managing Member | |
DAVIDSON KEMPNER institutional partners, L.P. | |
By: Davidson Kempner Advisers Inc., | |
its General Partner | |
/s/ Thomas L. Kempner, Jr. | |
Name: Thomas L. Kempner, Jr. | |
Title: President |
davidson kempner international, ltd. | |
By: Davidson Kempner International Advisors, L.L.C., | |
its Investment Manager | |
/s/ Thomas L. Kempner, Jr. | |
Name: Thomas L. Kempner, Jr. | |
Title: Executive Managing Member | |
DAVIDSON KEMPNER DISTRESSED OPPORTUNITIES FUND LP | |
By: DK Group LLC, | |
its General Partner | |
/s/ Thomas L. Kempner, Jr. | |
Name: Thomas L. Kempner, Jr. | |
Title: Executive Managing Member | |
DAVIDSON KEMPNER DISTRESSED OPPORTUNITIES INTERNATIONAL LTD. | |
By: DK Management Partners LP, | |
its Investment Manager | |
By: DK Stillwater GP LLC, | |
its General Partner | |
/s/ Thomas L. Kempner, Jr. | |
Name: Thomas L. Kempner, Jr. | |
Title: Executive Managing Member | |
Davidson Kempner Capital Management LP | |
/s/ Thomas L. Kempner, Jr. | |
Name: Thomas L. Kempner, Jr. | |
Title: Executive Managing Member | |
/s/ Thomas L. Kempner, Jr. | |
Thomas L. Kempner, Jr. | |
/s/ Anthony A. Yoseloff | |
Anthony A. Yoseloff | |
/s/ Avram Z. Friedman | |
Avram Z. Friedman | |
/s/ Conor Bastable | |
Conor Bastable |