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

Page 3 of 4 – SEC Filing

This Amendment No.5 (“Amendment No. 5“) amends the statement on Schedule 13D filed with the Securities and Exchange Commission (the “SEC“) on August 10, 2017 (the “Original Schedule 13D“) as amended by Amendment No. 1 filed with the SEC on August 24, 2017 (“Amendment No. 1“), Amendment No. 2 filed with the SEC on September 5, 2017 (“Amendment No. 2“), Amendment No. 3 filed with the SEC on September 18, 2017 (“Amendment No 3“) and Amendment No. 4 filed with the SEC on January 31, 2018 (“Amendment No 4,” and the Original Schedule 13D as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3 and this Amendment No. 5, the “Schedule 13D“) with respect to the common shares, no par value per share (the “Common Shares“), of Ultra Petroleum Corp., a Canadian 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. 5 amends Item 6 as set forth below.

 

Item 6. CONTRACTS, ARRANGEMENTS, UNDERSTANDINGS OR RELATIONSHIPS WITH RESPECT TO SECURITIES OF THE ISSUER
The second paragraph of Item 6 of the Schedule 13D is hereby amended and restated as follows:
After the close of business on February 1, 2018, the expiration dates of the cash-settled equity swaps previously reported on the Original Schedule 13D were extended to provide for an expiration date of February 1, 2021.
The Fir Tree Funds have economic exposure to an additional 19,700,754 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 February 1, 2021 to February 5, 2021. The reference prices for such swaps range from $6.165 to $6.224.  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.

 

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