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Filing Details

Accession Number:: 0001181431-13-026866
Form Type:: 4
Zero Holdings:: No
Publication Time:: 2013-05-10 09:45:03
Reporting Period:: 2013-05-08

Filing Date:: 2013-05-10
Accepted Time:: 2013-05-10 08:45:03
SEC Url:: Form 4 Filing

Issuer

Cik	Name	Symbol	Sector (SIC)	IRS No
1092839	Dune Energy Inc	DUNR	Oil & Gas Field Services, Nec (1389)	954737507

Insiders

Cik	Name	Reported Address	Director	Officer	Large Shareholder	Other
1540859	Bluemountain Gp Holdings, Llc	280 Park Avenue, 5Th Floor East New York NY 10017	No	No	Yes	No
1543689	Humphreys Peak, Llc	280 Park Avenue 5Th Floor East New York NY 10017	No	No	Yes	No
1546863	Bluemountain Long/Short Credit & Distressed Reflection Fund, A Sub Fund Of Aai Bluemountain Fund Plc	280 Park Avenue 5Th Floor East New York NY 10017	No	No	Yes	No
1557778	Bluemountain Kicking Horse Fund Gp, Llc	280 Park Avenue 5Th Floor East New York NY 10017	No	No	Yes	No
1557943	L.p. Fund Horse Kicking Bluemountain	280 Park Avenue 5Th Floor East New York NY 10017	No	No	Yes	No
1564703	Bluemountain Credit Opportunities Gp I, Llc	280 Park Avenue 5Th Floor East New York NY 10017	No	No	Yes	No
1564705	L.p. I Fund Master Opportunities Credit Bluemountain	280 Park Avenue 5Th Floor East New York NY 10017	No	No	Yes	No

Reported Non-Derivative Transactions

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Sec. Name	Acquisiton - Disposition	Date	Amount	Price	Remaning Holdings	Equity Swap Involved	Form Type	Code	Nature of Ownership	Explanation
Common Stock	Acquisiton	2013-05-08	1,375,684	$1.60	13,712,732	No	4	P	Indirect	See explanations and responses
Common Stock	Acquisiton	2013-05-08	22,202	$1.60	221,308	No	4	P	Direct
Common Stock	Acquisiton	2013-05-08	793	$1.60	7,902	No	4	P	Direct
Common Stock	Acquisiton	2013-05-08	127,748	$1.60	1,273,386	No	4	P	Direct

Equity Swap Involved	Form Type	Code	Nature of Ownership	Explanation
No	4	P	Indirect	See explanations and responses
No	4	P	Direct
No	4	P	Direct
No	4	P	Direct

Reported Derivative Transactions

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Sec. Name	Sec. Type	Acquisiton - Disposition	Date	Amount	Price	Amount - 2	Price - 2
Common Stock	Call Option (right to buy)	Disposition	2013-05-08	1,375,684	$0.00	1,375,684	$1.60

Remaning Holdings	Exercise Date	Expiration Date	Equity Swap Involved	Transaction Form Type	Transaction Code	Nature of Ownership
15,088,417			No	4	E	Indirect

Footnotes

The filing of this Form 4 shall not be construed as an admission that BlueMountain Capital Management, LLC ("BMCM"), GP Holdings (as defined in Footnote 7 below) or any of the General Partners (as defined in Footnote 6 below) is or was for the purposes of Section 16(a) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or otherwise the beneficial owner of any of the shares of Common Stock, par value $0.001 per share (the "Common Stock") of Dune Energy Inc. (the "Issuer"). Pursuant to Rule 16a-1(a)(4) of the Exchange Act, BMCM, GP Holdings and the General Partners disclaim such beneficial ownership, except to the extent of their pecuniary interest
BMCM is the investment manager of each of (i) Blue Mountain Credit Alternatives Master Fund L.P. ("BMCA"), which directly owns 3,168,385 shares of Common Stock (the "BMCA Shares"), (ii) BlueMountain Long/Short Credit Master Fund L.P. ("Long/Short Credit") which directly owns 3,091,930 shares of Common Stock (the "Long/Short Credit Shares"), (iii) BlueMountain Distressed Master Fund L.P. ("Distressed"), which directly owns 2,732,257 shares of Common Stock (the "Distressed Shares"), (iv) BlueMountain Strategic Credit Master Fund L.P. ("Strategic Credit"), which directly owns 421,925 shares of Common Stock (the "Strategic Credit Shares"), (cont'd in Footnote 3)
(v) BlueMountain Timberline Ltd. ("Timberline"), which directly owns 2,795,639 shares of Common Stock (the "Timberline Shares"); (vi) Humphreys Peak, LLC ("Humphreys"), which no longer directly owns any shares of Common Stock (the "Humphreys Shares"); (vii) BlueMountain Long/Short Credit & Distressed Reflection Fund, a sub fund of AAI BlueMountain Fund PLC ("AAI") which directly owns 221,308 shares of Common Stock (the "AAI Shares"), (viii) BlueMountain Kicking Horse Fund L.P. ("Kicking Horse") which directly owns 7,902 shares of Common Stock (the "Kicking Horse Shares") and BlueMountain Credit Opportunties Master Fund I, L.P. ("COF") which directly owns 1,273,386 shares of Common Stock (the "COF Shares"). The shareholding information set forth in Footnote 2 and this Footnote 3 is as of 5/8/2013.
BMCM, although it directs the voting and disposition of the shares held by the BlueMountain Funds, only receives an asset-based fee relating to such shares of Common Stock
(i) Blue Mountain CA Master Fund GP, Ltd. ("BMCA GP") is the general partner of BMCA and has an indirect profits interest in the BMCA Shares owned by BMCA; (ii) BlueMountain Long/Short Credit GP, LLC ("Long/Short Credit GP") is the general partner of Long/Short Credit and has an indirect profits interest in the Long/Short Credit Shares owned by Long/Short Credit; (iii) BlueMountain Distressed GP, LLC ("Distressed GP") is the general partner of Distressed and has an indirect profits interest in the Distressed Shares owned by Distressed; (iv) BlueMountain Strategic Credit GP, LLC ("Strategic Credit GP") is the general partner of Strategic Credit and has an indirect profits interest in the Strategic Credit Shares owned by Strategic Credit (cont'd in Footnote 6)
(vii) BlueMountain Kicking Horse Fund GP, LLC ("Kicking Horse GP") is the general partner of Kicking Horse and has an indirect profits interest in the Kicking Horse Shares owned by Kicking Horse and (viii) BlueMountain Credit Opportunities GP I, LLC ("COF GP", and together with BMCA GP, Long/Short Credit GP, Distressed GP and Strategic Credit GP, the "General Partners") is the general partner of COF and has an indirect profits interest in the shares of Common Stock owned by BlueMountain Credit Opportunities Master Fund I, L.P. ("COF" and together with BMCA, Long/Short Credit, Distressed, Strategic Credit, Timberline, AAI and Kicking Horse (the "BlueMountain Funds")
BlueMountain GP Holdings, LLC ("GP Holdings") is the ultimate general partner of each of BMCA, Long/Short Credit, Distressed, Kicking Horse, COF and Strategic Credit (the "Partnerships") and is the special member of Humphreys and has an indirect profits interest in the Common Stock owned by each of the Partnerships and Humphreys
The Reporting Persons are jointly filing this Form 4 pursuant to Rule 16(a)-3(j) under the Exchange Act. The Form 4 for BMCM, the General Partners and the BlueMountain Funds is being filed separately and simultaneously with this Form 4 due to the limitation of ten Reporting Persons per each filing.
On May 8, 2013, AAI purchased 22,202 shares of Common Stock.
On May 8, 2013, Kicking Horse purchased 793 shares of Common Stock.
On May 8, 2013, COF purchased 127,748 shares of Common Stock.
The Reporting Persons are party to a stock purchase agreement dated December 20, 2012 (the "SPA"). Following the transactions described herein, pursuant to the terms of the SPA (i) the Issuer may issue and sell on up to one additional occasion $2,201,095.50 worth of duly, authorized, validly issued, fully paid and non-assessable shares of Common Stock to the Reporting Persons, subject to certain conditions and (ii) the Reporting Persons, upon the occurrence of a triggering event, of the earlier to occur of either a change of control (as defined in the agreement) or December 13, 2013, have the right to purchase the remaining shares of Common Stock from the Issuer. As of this date, a triggering event has not occurred.