Page 14 of 23 – SEC Filing CUSIP No. 078314101 SCHEDULE 13G Page 14 of 20
ITEM 3. IF THIS STATEMENT IS FILED PURSUANT TO SS.240.13D-1(B) OR 240.13D-2(B) OR (C), CHECK WHETHER THE PERSON FILING IS A: (a) [__] Broker or dealer registered under Section 15 of the Act (15 U.S.C. 78o) (b) [__] Bank as defined in Section 3(a)(6) of the Act (15 U.S.C. 78c) (c) [__] Insurance company as defined in Section 3(a)(19) of the Act (15 U.S.C. 78c) (d) [__] Investment company registered under Section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8) (e) [__] An investment adviser in accordance with ss.240.13d-1(b)(1)(ii)(E) (f) [__] An employee benefit plan or endowment fund in accordance with ss.240.13d-1(b)(1)(ii)(F); (g) [__] A Parent holding company or control person in accordance with ss.240.13d-1(b)(1)(ii)(G); (h) [__] A savings associations as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813) (i) [__] A church plan that is excluded from the definition of an investment company under section 3(c)(14) of the Investment Company Act of 1940 (15 U.S.C. 80a-3) (j) [__] Group, in accordance with ss.240.13d-1(b)(1)(ii)(J). ITEM 4. OWNERSHIP The responses of the Reporting Persons to Rows 5, 6, 7, 8, 9 and 11 in each of their respective cover pages to this Schedule 13G are incorporated herein by reference. VOF directly holds 18,750,000 Common Shares of the Issuer constituting approximately 8.8% of the Issuer’s Common Shares and has the sole power to vote and dispose of such units. VOF GP, in its capacity as the general partner of VOF, has the ability to direct the management of VOF’s business, including the power to vote and dispose of securities held by VOF; therefore, VOF GP may be deemed to beneficially own the Common Shares of the Issuer held by VOF. VOF GP Ltd., in its capacity as the general partner of VOF GP, has the ability to direct the management of VOF GP’s business, including the power to direct the decisions of VOF GP regarding the vote and disposition of securities held by VOF; therefore, VOF GP Ltd. may be deemed to have indirect beneficial ownership of the Common Shares of the Issuer held by VOF.
CUSIP No. 078314101 | SCHEDULE 13G | Page 14 of 20 |
ITEM 3. | IF THIS STATEMENT IS FILED PURSUANT TO SS.240.13D-1(B) OR 240.13D-2(B) OR (C), CHECK WHETHER THE PERSON FILING IS A: | |
(a) | [__] Broker or dealer registered under Section 15 of the Act (15 U.S.C. 78o) | |
(b) | [__] Bank as defined in Section 3(a)(6) of the Act (15 U.S.C. 78c) | |
(c) | [__] Insurance company as defined in Section 3(a)(19) of the Act (15 U.S.C. 78c) | |
(d) | [__] Investment company registered under Section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8) | |
(e) | [__] An investment adviser in accordance with ss.240.13d-1(b)(1)(ii)(E) | |
(f) | [__] An employee benefit plan or endowment fund in accordance with ss.240.13d-1(b)(1)(ii)(F); | |
(g) | [__] A Parent holding company or control person in accordance with ss.240.13d-1(b)(1)(ii)(G); | |
(h) | [__] A savings associations as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813) | |
(i) | [__] A church plan that is excluded from the definition of an investment company under section 3(c)(14) of the Investment Company Act of 1940 (15 U.S.C. 80a-3) | |
(j) | [__] Group, in accordance with ss.240.13d-1(b)(1)(ii)(J). | |
ITEM 4. | OWNERSHIP | |
The responses of the Reporting Persons to Rows 5, 6, 7, 8, 9 and 11 in each of their respective cover pages to this Schedule 13G are incorporated herein by reference. VOF directly holds 18,750,000 Common Shares of the Issuer constituting approximately 8.8% of the Issuer’s Common Shares and has the sole power to vote and dispose of such units. VOF GP, in its capacity as the general partner of VOF, has the ability to direct the management of VOF’s business, including the power to vote and dispose of securities held by VOF; therefore, VOF GP may be deemed to beneficially own the Common Shares of the Issuer held by VOF. VOF GP Ltd., in its capacity as the general partner of VOF GP, has the ability to direct the management of VOF GP’s business, including the power to direct the decisions of VOF GP regarding the vote and disposition of securities held by VOF; therefore, VOF GP Ltd. may be deemed to have indirect beneficial ownership of the Common Shares of the Issuer held by VOF. |