13D Filing: Fir Tree and Eco-Stim Energy Solutions Inc. (ESES)

Page 2 of 6 – SEC Filing

1

NAME OF REPORTING PERSON

Fir Tree Capital Management LP (formerly known as Fir
Tree Inc.)

2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP

(a) ¨

(b) ¨

3 SEC USE ONLY
4

SOURCE OF FUNDS

AF, OO (See Item 3)

5 CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDING IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) ¨
6

CITIZENSHIP OR PLACE OF ORGANIZATION

New York

NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON WITH:
7

SOLE VOTING POWER

58,720,930 shares of Common Stock* (including 8,695,652
shares of Common Stock issuable upon conversion of Series A Preferred Stock issued to the Fir Tree Funds)*

8

SHARED VOTING POWER

-0-

9

SOLE DISPOSITIVE POWER

58,720,930 shares of Common Stock* (including 8,695,652
shares of Common Stock issuable upon conversion of Series A Preferred Stock issued to the Fir Tree Funds)*

10

SHARED DISPOSITIVE POWER

-0-

11

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH PERSON

58,720,930 shares of Common Stock* (including 8,695,652
shares of Common Stock issuable upon conversion of Series A Preferred Stock issued to the Fir Tree Funds)*

12 CHECK IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES ¨
13

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)

70.50%*

14

TYPE OF REPORTING PERSON

IA, CO

* See also the Proxy Right described in Item 4 of the Schedule 13D.

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