Page 3 of 4 – SEC Filing
| This Amendment No. 1 (“Amendment No. 1“) amends the statement on Schedule 13D filed on March 16, 2017 (the “Original Schedule 13D“, and as amended hereby, 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. 1 have the meanings set forth in the Original Schedule 13D. This Amendment amends Items 3 and 5 as set forth below. |
| Item 3. | SOURCE AND AMOUNT OF FUNDS OR OTHER CONSIDERATION |
| Item 3 of the Schedule 13D is hereby supplemented, as follows: | |
| The Reporting Person acquired an additional 29,538,786 shares of Common Stock upon conversion of the Notes. The Reporting Person used a total of $41,354,301.37 to acquire the Notes. The source of the funds used to acquire the Notes is the working capital of Fir Tree Funds. |
| Item 5. | INTEREST IN SECURITIES OF THE ISSUER |
| Item 5 of the Schedule 13D is hereby supplemented, as follows: | |
| (a) | See rows (11) and (13) of the cover pages to this Schedule 13D for the aggregate number of shares of Common Stock and percentages of the shares of Common Stock beneficially owned by the Reporting Person (see also the Proxy Right described in Item 4 of Schedule 13D). The percentages used in this Schedule 13D are calculated based upon an aggregate of 44,566,626 shares of Common Stock outstanding, which is the sum of (i) 15,027,840 shares of Common Stock issued and outstanding, as set forth in the Issuer’s Quarterly Report on Form 10-Q for the quarterly period ended March 31, 2017 and (ii) 29,538,786 shares of Common Stock issued upon conversion of the Notes. |
| (b) | See rows (7) through (10) of the cover pages to this Schedule 13D for the number of shares of Common Stock as to which each Reporting Person has the sole or shared power to vote or direct the vote and sole or shared power to dispose or to direct the disposition (see also the Proxy Right described in Item 4 of the Schedule 13D). |
| (c) | Pursuant to the approval on June 15, 2017 by shareholders of the Company representing a majority of the outstanding Common Stock not held by the Fir Tree Fund of the conversion of the Notes, the Notes converted into 29,538,786 shares of Common Stock. |
| (d) | No person other than the Reporting Person and the Fir Tree Funds is known to have the right to receive, or the power to direct the receipt of dividends from, or proceeds from the sale of, the shares of Common Stock held by the Fir Tree Funds. |
| (e) | Not applicable. |
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