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

Page 3 of 6 – SEC Filing

This Amendment No. 4 (“Amendment No. 4“) amends the statement on Schedule 13D filed with the Securities and Exchange Commission (the “SEC“) on March 16, 2017 (the “Original Schedule 13D“), as amended by Amendment No. 1 filed with the SEC on June 19, 2017 (“Amendment No. 1“), Amendment No. 2 filed with the SEC on July 7, 2017 (“Amendment No. 2“) and Amendment No. 3 filed with the SEC on August 4, 2017 (“Amendment No. 3”  and together with the Original Schedule 13D, Amendment No. 1, Amendment No. 2 and this Amendment No. 4, the “Schedule 13D“) with respect to the common stock, $0.001 par value (the “Common Stock“), of Eco-Stim Energy Solutions, Inc., a Nevada corporation (the “Issuer“).  Capitalized terms used herein and not otherwise defined in this Amendment No. 4 have the meanings set forth in the Schedule 13D.  This Amendment No. 4 amends Items 3, 4, 5, 6 and 7 as set forth below.
Item 3. SOURCE AND AMOUNT OF FUNDS OR OTHER CONSIDERATION
Item 3 of the Schedule 13D is hereby amended and supplemented by the addition of the following:
The Reporting Person used a total of $10,000,000 to acquire the shares of Series A Preferred Stock (as defined
in Item 4) issued to the Reporting Person on April 2, 2018. The source of the funds used to acquire the shares of Series A Preferred
Stock was the working capital of the Fir Tree Funds.

 

Item 4. PURPOSE OF TRANSACTION
Item 4 of the Schedule 13D is hereby amended and supplemented by the addition of the following:
On March 29, 2018, the Issuer entered into a Securities Purchase Agreement (the “Securities Purchase
Agreement
“) with certain Fir Tree Funds, pursuant to which such Fir Tree Funds agreed to purchase an aggregate of 10,000
shares of Series A Convertible Preferred Stock, par value $0.001 per share (the “Series A Preferred Stock“), at
a price of $1,000 (the “Stated Value”) per share (the “March 2018 Private Placement“), and
the right, subject to the mutual agreement of the Issuer and the Fir Tree Funds,
to acquire up to an additional 5,000 shares of Series A Preferred Stock at any time during the period beginning on April 2, 2018,
the closing date of the March 2018 Private Placement (the “March 2018 PIPE Closing Date“) and ending on the six
month anniversary of the March 2018 PIPE Closing Date (the “Additional Purchase Option“).

Follow Eco-Stim Energy Solutions Inc. (NYSE:ESES)