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

Page 5 of 7 – SEC Filing

Item 5. INTEREST IN SECURITIES OF THE ISSUER
(a) See rows (11) and (13) of the cover pages to this Schedule 13D for the aggregate number of shares of Common Shares and percentages of the shares of Common Shares beneficially owned by the Reporting Person.  The percentages used in this Schedule 13D are calculated based upon 196,315,182 Common Shares outstanding as of August 2, 2017 as reported in the Issuer’s Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2017 filed with the Securities and Exchange Commission on August 9, 2017.
(b) See rows (7) through (10) of the cover pages to this Schedule 13D for the number of shares of Common Shares 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.
(c) The Reporting Person has not effected any transaction in the Common Shares within the past sixty days.
(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 Shares held by the Fir Tree Funds.
(e) Not applicable.
Item 6. CONTRACTS, ARRANGEMENTS, UNDERSTANDINGS OR RELATIONSHIPS WITH RESPECT TO SECURITIES OF THE ISSUER
Except as set forth herein, there are no contracts, arrangements, understandings or relationships (legal or otherwise) among the persons named in Item 2 hereof and between such persons and any person with respect to any securities of the Issuer, including but not limited to transfer or voting of any other securities, finder’s fees, joint ventures, loan or option arrangements, puts or calls, guarantees of profits, divisions of profits or loss, or the giving or withholding of proxies, including any securities pledged or otherwise subject to a contingency the occurrence of which would give another person voting power or investment power over such securities other than standard default and similar provisions contained in loan agreements.
The Fir Tree Funds have economic exposure to an additional 7,038,874 Common Shares pursuant to certain cash-settled equity swaps between the Fir Tree Funds and broker-dealer counterparties. Such swaps mature on dates ranging from May 7, 2018 to August 6, 2018. The reference prices for such swaps range from $0.47 to $4.52. The Reporting Persons do not have voting power or dispositive power with respect to the Common Shares referenced in such swaps and disclaim beneficial ownership of the shares underlying such swaps.
Item 7. MATERIAL TO BE FILED AS EXHIBITS
Not applicable.

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