Page 2 of 3 – SEC Filing
This Amendment No. 2 (Amendment No. 2) amends and supplements the statement on Schedule 13D filed with the Securities and Exchange Commission (the SEC) by the Reporting Persons identified herein on January 13, 2016 (as amended and restated on March 9, 2016) with respect to the common shares (Common Shares), of Taseko Mines Ltd. (the Issuer).On February 26, 2016, the Issuer filed a lawsuit in the Federal District Court for the District of Columbia (the Complaint) alleging that the Schedule 13D filed with the SEC on January 13, 2016 did not contain all required information. A copy of the Complaint was filed as Exhibit 99.2 to this Schedule by the amendment on March 9, 2016. The Reporting Persons dispute that the January 13, 2016 Schedule 13D did not contain all required information. Any supplemental information provided in response to the Issuers Complaint is provided solely to moot the Issuers claims at the outset and the provision of such information does not constitute an admission or acknowledgement that such information was required to be included in the January 13, 2016 Schedule 13D, which the Reporting Persons expressly deny.
On March 21, 2016 the Issuer filed an Amended Complaint in the Federal District Court for the District of Columbia (the Amended Complaint) alleging that the amended and restated Schedule 13D filed with the SEC on March 9, 2016 did not contain all required information. A copy of the Amended Complaint is filed as Exhibit 99.10 to this Schedule by this Amendment No.2. The Reporting Persons dispute that the January 13, 2016 Schedule 13D or the March 9, 2016 amended and restated Schedule 13D/A did not contain all required information. Any supplemental information provided in response to the Issuers Complaint or Amended Complaint is provided solely to moot the Issuers claims at the outset and the provision of such information does not constitute an admission or acknowledgement that such information was required to be included in the January 13, 2016 Schedule 13D or the March 9, 2016 amended and restated Schedule 13D, which the Reporting Persons expressly deny.
Capitalized terms used herein and not otherwise defined in this Amendment No. 2 have the meanings set forth in the Schedule 13D. This Amendment No. 2 amends Items 6 and 7 as set forth below.
Item 4. Purpose of Transaction
Item 4 of the March 9, 2016 amended and restated Schedule 13D is hereby amended by adding the following after the last paragraph:
As noted above, on March 21, 2016 the Issuer filed an Amended Complaint in the Federal District Court for the District of Columbia. A copy of the Amended Complaint is filed as Exhibit 99.10 to this Schedule by this Amendment No.2. The Amended Complaint alleges that Item 4 of the March 9, 2016 Schedule 13D/A did not disclose the face value of the Taseko Notes owned by the Reporting Persons. Without conceding that any such disclosure is required or that this information was not previously included in Exhibit 99.1 of the March 9, 2016 Schedule 13D/A, the face value of the Taseko Notes collectively owned by the Reporting Persons and Raging River Capital 2 LLC is $16,259,000. The Amended Complaint also asserts that the shareholder meeting requisition notice referenced in Item 4 of the March 9, 2016 Schedule 13D/A violates Section 13(d) of the Exchange Act with respect to a prior bankruptcy involving Mark Radzik. As previously disclosed by the Reporting Persons in their March 17, 2016 circular, Mr. Radzik served as a director of Support Plus Medical, Inc. (Support Plus) and its parent company TMS, Inc. until February 12, 2010. Beginning on August 20, 2010, Support Plus and TMS, Inc. was subject to Chapter 7 bankruptcy proceedings with the U.S. Bankruptcy Court, District of Massachusetts.
Item 6. Contracts, Arrangements, Understandings or Relationships with Respect to Securities of the Issuer.
Item 6 of the March 9, 2016 amended and restated Schedule 13D is hereby amended by adding the following after the last paragraph:
As noted above, on March 21, 2016 the Issuer filed an Amended Complaint in the Federal District Court for the District of Columbia alleging that the amended and restated Schedule 13D filed with the SEC on March 9, 2016 did not contain all required information. A copy of the Amended Complaint is filed as Exhibit 99.10 to this Schedule. The Reporting Persons dispute that the January 13, 2016 Schedule 13D or the March 9, 2016 amended and restated Schedule 13D did not contain all required information. Any supplemental information provided in response to the Issuers Complaint or Amended Complaint is provided solely to moot the Issuers claims at the outset and the provision of such information does not constitute an admission or acknowledgement that such information was required to be included in the January 13, 2016 Schedule 13D or the March 9, 2016 amended and restated Schedule 13D, which the Reporting Persons expressly deny.
Item 7. Items to be Filed as Exhibits.
Item 7 of the Schedule 13D is hereby amended by adding the following as an exhibit:
Exhibit 99.10 Amended Complaint filed by the Issuer in the Federal District Court for the District of Colombia on March 21, 2016
2
