13D Filing: Fir Tree and Ultra Petroleum Corp (UPL)

Page 4 of 7 – SEC Filing

Item 3. SOURCE AND AMOUNT OF FUNDS OR OTHER CONSIDERATION
The Reporting Person used a total of approximately $203,793,867 to acquire the Common Shares reported in this Schedule 13D. The source of the funds used to acquire the shares of Common Shares reported herein is the working capital of Fir Tree Funds.
Item 4. PURPOSE OF TRANSACTION

The Reporting Persons originally acquired
the Common Shares to which this Schedule 13D relates under the Issuer’s Second Amended Joint Chapter 11 Plan of
Reorganization and not with the purpose nor with the effect of changing or influencing the control or management of
the Issuer.

The Reporting Person may engage in discussions
with management, the Board of Directors, other shareholders of the Issuer and other relevant parties, including representatives
of any of the foregoing, concerning the Reporting Person’s investment in the Common Shares and the Issuer, including, without limitation,
matters concerning the Issuer’s business, operations, board composition and representation, governance, management, capitalization
and strategic plans. The Reporting Person may exchange information with any persons pursuant to appropriate confidentiality or
similar agreements or otherwise, work together with any persons pursuant to joint agreements or otherwise, propose changes in the
Issuer’s business, operations, board appointments, governance, management, capitalization or strategic plans, or propose or engage
in one or more other actions set forth under subparagraphs (a)-(j) of Item 4 of Schedule 13D.

The Reporting Person intends to review their investment in the Issuer on a continuing basis. Depending on various factors, including, without limitation, the Issuer’s financial position and strategic direction, actions taken by management or the Board of Directors, price levels of the Common Shares, other investment opportunities available to the Reporting Person, conditions in the securities market and general economic and industry conditions, the Reporting Person may in the future take such actions with respect to their investment in the Issuer as they deem appropriate, including, without limitation, purchasing additional shares of Common Shares or selling some or all of their shares of Common Shares, engaging in short selling of or any hedging or similar transactions with respect to the Common Shares and/or otherwise changing their intention with respect to any and all matters referred to in Item 4 of Schedule 13D. The Reporting Person may, at any time and from time to time, review or reconsider their position and/or change their purpose and/or formulate plans or proposals with respect to their investment in the Common Shares.
Except as set forth herein, the Reporting Person has no present plan or proposal that would relate to or result in any of the matters set forth in subparagraphs (a) of Item 4 of Schedule 13D.

 

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