FBC HOLDINGS S.A.R.L.

SEC source: 0001144204-19-027076 · tv521975_4.xml · nonDerivative · entry 1

CYRUS CAPITAL PARTNERS, L.P. · CIK 0001166564 · 10% owner

CYRUS CAPITAL PARTNERS GP, LLC · CIK 0001166774 · 10% owner

FREIDHEIM STEPHEN C · CIK 0001251783 · 10% owner

FBC HOLDINGS S.A.R.L. · CIK 0001530547 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · See Footnotes

Disclosed balance after: 145,301

F1 · shares: The Common Shares of Sphere 3D Corp. (the "Issuer") were directly owned, and sold, by FBC Holdings S.a r.l. ("FBC").

F2 · price: The price per share reported in Column 4 is a weighted average price. These Common Shares were sold in multiple transactions at prices ranging US$2.05 to US$2.29, inclusive. The Reporting Persons undertake to provide to the Issuer, any security holder of the Issuer, or the Staff of the Securities Exchange Commission, upon request, full information regarding the number of Common Shares sold at each separate price within the range set forth in this footnote.

F3 · ownership.nature: This statement is being filed by Cyrus Capital Partners, L.P. ("Cyrus"), FBC, Cyrus Capital Partners GP, L.L.C. ("Cyrus GP"), and Stephen C. Freidheim (each of Cyrus, FBC, Cyrus GP, and Mr. Freidheim, collectively the "Reporting Persons"). FBC, is a wholly owned subsidiary of certain funds advised and managed by Cyrus, each of which are private investment funds engaged in the business of acquiring, holding and disposing of investments in various companies.

F4 · ownership.nature: Cyrus is the manager of FBC and the investment manager of each private fund holding an interest in FBC. Cyrus GP is the general partner of Cyrus. Mr. Freidheim is the sole member/manager of Cyrus GP. Mr. Freidheim is also the Chief Investment Officer of Cyrus.

F5 · ownership.nature: Pursuant to Rule 16a-1(a)(4) under the Exchange Act, this filing shall not be deemed an admission that each Reporting Person was, for the purposes of Section 16 of the Exchange Act or otherwise, the beneficial owner of any securities of the Issuer held by the Reporting Persons, and such beneficial ownership was and is expressly disclaimed by the Reporting Persons except to the extent of their pecuniary interest.

SEC source: 0001144204-19-027310 · tv522032_4a.xml · nonDerivative · entry 1

CYRUS CAPITAL PARTNERS, L.P. · CIK 0001166564 · 10% owner

CYRUS CAPITAL PARTNERS GP, LLC · CIK 0001166774 · 10% owner

FREIDHEIM STEPHEN C · CIK 0001251783 · 10% owner

FBC HOLDINGS S.A.R.L. · CIK 0001530547 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · See Footnotes

Disclosed balance after: 145,301

F1 · shares: The Common Shares of Sphere 3D Corp. (the "Issuer") were directly owned, and sold, by FBC Holdings S.a r.l. ("FBC").

F2 · price: The price per share reported in Column 4 is a weighted average price. These Common Shares were sold in multiple transactions at prices ranging US$2.05 to US$2.29, inclusive. The Reporting Persons undertake to provide to the Issuer, any security holder of the Issuer, or the Staff of the Securities Exchange Commission, upon request, full information regarding the number of Common Shares sold at each separate price within the range set forth in this footnote.

F3 · ownership.nature: This statement is being filed by Cyrus Capital Partners, L.P. ("Cyrus"), FBC, Cyrus Capital Partners GP, L.L.C. ("Cyrus GP"), and Stephen C. Freidheim (each of Cyrus, FBC, Cyrus GP, and Mr. Freidheim, collectively the "Reporting Persons"). FBC, is a wholly owned subsidiary of certain funds advised and managed by Cyrus, each of which are private investment funds engaged in the business of acquiring, holding and disposing of investments in various companies.

F4 · ownership.nature: Cyrus is the manager of FBC and the investment manager of each private fund holding an interest in FBC. Cyrus GP is the general partner of Cyrus. Mr. Freidheim is the sole member/manager of Cyrus GP. Mr. Freidheim is also the Chief Investment Officer of Cyrus.

F5 · ownership.nature: Pursuant to Rule 16a-1(a)(4) under the Exchange Act, this filing shall not be deemed an admission that each Reporting Person was, for the purposes of Section 16 of the Exchange Act or otherwise, the beneficial owner of any securities of the Issuer held by the Reporting Persons, and such beneficial ownership was and is expressly disclaimed by the Reporting Persons except to the extent of their pecuniary interest.

SEC source: 0000899243-18-029011 · doc4.xml · derivative · entry 3

CYRUS CAPITAL PARTNERS, L.P. · CIK 0001166564 · 10% owner

CYRUS CAPITAL PARTNERS GP, LLC · CIK 0001166774 · 10% owner

FREIDHEIM STEPHEN C · CIK 0001251783 · 10% owner

FBC HOLDINGS S.A.R.L. · CIK 0001530547 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · See Footnotes

Disclosed balance after: 2,500,000

Underlying: Series A Preferred Shares · 2,500,000 shares

Expires 2019-11-13

F5 · derivative.exercise_price: On November 13, 2018, simultaneously with entering into the Conversion Agreement, the Issuer entered into a Share Exchange and Buy Out Agreement (the "Exchange Agreement") with FBC, Silicon Valley Technology Partners, Inc. ("SVTP") and MF Ventures, LLC ("MFV"). Under the terms of the Exchange Agreement, (i) the Issuer granted FBC the right to exchange up to 2,500,000 Series A Preferred Shares held by FBC for up to 1,879,699 shares of Series A Preferred Stock of SVTP ("SVTP Shares") held by the Issuer (the "Exchange Right"), with such Exchange Right expiring two years after the date of the Exchange Agreement, and (ii) MFV and SVTP have the right to purchase up to 2,120,301 of the SVTP Shares held by FBC plus (b) either (i) 2,500,000 Series A Preferred Shares held by FBC or (ii) if FBC has exercised its Exchange Right prior to the buy-out date,

F6 · derivative.exercise_price: (Continued from footnote 5) the SVTP Shares that have been exchanged for such Series A Preferred Shares by FBC pursuant to the Exchange Right (the "Buy-out Right"), for the purchase price of an amount equal to 105% of the original issue price for such shares plus all unpaid dividends accrued, with such Buy-out Right expiring within one year after the date of the Exchange Agreement.

F5 · kind: On November 13, 2018, simultaneously with entering into the Conversion Agreement, the Issuer entered into a Share Exchange and Buy Out Agreement (the "Exchange Agreement") with FBC, Silicon Valley Technology Partners, Inc. ("SVTP") and MF Ventures, LLC ("MFV"). Under the terms of the Exchange Agreement, (i) the Issuer granted FBC the right to exchange up to 2,500,000 Series A Preferred Shares held by FBC for up to 1,879,699 shares of Series A Preferred Stock of SVTP ("SVTP Shares") held by the Issuer (the "Exchange Right"), with such Exchange Right expiring two years after the date of the Exchange Agreement, and (ii) MFV and SVTP have the right to purchase up to 2,120,301 of the SVTP Shares held by FBC plus (b) either (i) 2,500,000 Series A Preferred Shares held by FBC or (ii) if FBC has exercised its Exchange Right prior to the buy-out date,

F6 · kind: (Continued from footnote 5) the SVTP Shares that have been exchanged for such Series A Preferred Shares by FBC pursuant to the Exchange Right (the "Buy-out Right"), for the purchase price of an amount equal to 105% of the original issue price for such shares plus all unpaid dividends accrued, with such Buy-out Right expiring within one year after the date of the Exchange Agreement.

F5 · price: On November 13, 2018, simultaneously with entering into the Conversion Agreement, the Issuer entered into a Share Exchange and Buy Out Agreement (the "Exchange Agreement") with FBC, Silicon Valley Technology Partners, Inc. ("SVTP") and MF Ventures, LLC ("MFV"). Under the terms of the Exchange Agreement, (i) the Issuer granted FBC the right to exchange up to 2,500,000 Series A Preferred Shares held by FBC for up to 1,879,699 shares of Series A Preferred Stock of SVTP ("SVTP Shares") held by the Issuer (the "Exchange Right"), with such Exchange Right expiring two years after the date of the Exchange Agreement, and (ii) MFV and SVTP have the right to purchase up to 2,120,301 of the SVTP Shares held by FBC plus (b) either (i) 2,500,000 Series A Preferred Shares held by FBC or (ii) if FBC has exercised its Exchange Right prior to the buy-out date,

F6 · price: (Continued from footnote 5) the SVTP Shares that have been exchanged for such Series A Preferred Shares by FBC pursuant to the Exchange Right (the "Buy-out Right"), for the purchase price of an amount equal to 105% of the original issue price for such shares plus all unpaid dividends accrued, with such Buy-out Right expiring within one year after the date of the Exchange Agreement.

F3 · ownership.nature: This statement is being filed by Cyrus Capital Partners, L.P. ("Cyrus"), FBC, Cyrus Capital Partners GP, L.L.C. ("Cyrus GP"), and Stephen C. Freidheim. FBC is a wholly owned subsidiary of certain funds advised and managed by Cyrus, each of which are private investment funds engaged in the business of acquiring, holding and disposing of investments in various companies. Cyrus is a manager of FBC and the investment manager of each private fund holding an interest in FBC. Cyrus GP is the general partner of Cyrus. Mr. Freidheim is the sole member and manager of Cyrus GP and Chief Investment Officer of Cyrus. Cyrus, Cyrus GP and Mr. Freidheim may be deemed to have a pecuniary interest in a portion of the securities held directly by FBC due to Cyrus' right to receive performance-based allocations.

F4 · ownership.nature: (Continued from footnote 3) Each of Mr. Freidheim, Cyrus GP and Cyrus disclaims beneficial ownership of the securities of the Issuer reported herein except to the extent of his or its pecuniary interest therein, and this report shall not be deemed an admission that any of Mr. Freidheim, Cyrus GP or Cyrus is the beneficial owner of such securities for purposes of Section 16 of the Securities Exchange Act of 1934, as amended, or for any other purpose.

SEC source: 0000899243-18-029011 · doc4.xml · derivative · entry 2

CYRUS CAPITAL PARTNERS, L.P. · CIK 0001166564 · 10% owner

CYRUS CAPITAL PARTNERS GP, LLC · CIK 0001166774 · 10% owner

FREIDHEIM STEPHEN C · CIK 0001251783 · 10% owner

FBC HOLDINGS S.A.R.L. · CIK 0001530547 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · See Footnotes

Disclosed balance after: 2,500,000

Underlying: Series A Preferred Shares · 2,500,000 shares

Expires 2020-11-13

F5 · derivative.exercise_price: On November 13, 2018, simultaneously with entering into the Conversion Agreement, the Issuer entered into a Share Exchange and Buy Out Agreement (the "Exchange Agreement") with FBC, Silicon Valley Technology Partners, Inc. ("SVTP") and MF Ventures, LLC ("MFV"). Under the terms of the Exchange Agreement, (i) the Issuer granted FBC the right to exchange up to 2,500,000 Series A Preferred Shares held by FBC for up to 1,879,699 shares of Series A Preferred Stock of SVTP ("SVTP Shares") held by the Issuer (the "Exchange Right"), with such Exchange Right expiring two years after the date of the Exchange Agreement, and (ii) MFV and SVTP have the right to purchase up to 2,120,301 of the SVTP Shares held by FBC plus (b) either (i) 2,500,000 Series A Preferred Shares held by FBC or (ii) if FBC has exercised its Exchange Right prior to the buy-out date,

F6 · derivative.exercise_price: (Continued from footnote 5) the SVTP Shares that have been exchanged for such Series A Preferred Shares by FBC pursuant to the Exchange Right (the "Buy-out Right"), for the purchase price of an amount equal to 105% of the original issue price for such shares plus all unpaid dividends accrued, with such Buy-out Right expiring within one year after the date of the Exchange Agreement.

F5 · kind: On November 13, 2018, simultaneously with entering into the Conversion Agreement, the Issuer entered into a Share Exchange and Buy Out Agreement (the "Exchange Agreement") with FBC, Silicon Valley Technology Partners, Inc. ("SVTP") and MF Ventures, LLC ("MFV"). Under the terms of the Exchange Agreement, (i) the Issuer granted FBC the right to exchange up to 2,500,000 Series A Preferred Shares held by FBC for up to 1,879,699 shares of Series A Preferred Stock of SVTP ("SVTP Shares") held by the Issuer (the "Exchange Right"), with such Exchange Right expiring two years after the date of the Exchange Agreement, and (ii) MFV and SVTP have the right to purchase up to 2,120,301 of the SVTP Shares held by FBC plus (b) either (i) 2,500,000 Series A Preferred Shares held by FBC or (ii) if FBC has exercised its Exchange Right prior to the buy-out date,

F6 · kind: (Continued from footnote 5) the SVTP Shares that have been exchanged for such Series A Preferred Shares by FBC pursuant to the Exchange Right (the "Buy-out Right"), for the purchase price of an amount equal to 105% of the original issue price for such shares plus all unpaid dividends accrued, with such Buy-out Right expiring within one year after the date of the Exchange Agreement.

F5 · price: On November 13, 2018, simultaneously with entering into the Conversion Agreement, the Issuer entered into a Share Exchange and Buy Out Agreement (the "Exchange Agreement") with FBC, Silicon Valley Technology Partners, Inc. ("SVTP") and MF Ventures, LLC ("MFV"). Under the terms of the Exchange Agreement, (i) the Issuer granted FBC the right to exchange up to 2,500,000 Series A Preferred Shares held by FBC for up to 1,879,699 shares of Series A Preferred Stock of SVTP ("SVTP Shares") held by the Issuer (the "Exchange Right"), with such Exchange Right expiring two years after the date of the Exchange Agreement, and (ii) MFV and SVTP have the right to purchase up to 2,120,301 of the SVTP Shares held by FBC plus (b) either (i) 2,500,000 Series A Preferred Shares held by FBC or (ii) if FBC has exercised its Exchange Right prior to the buy-out date,

F6 · price: (Continued from footnote 5) the SVTP Shares that have been exchanged for such Series A Preferred Shares by FBC pursuant to the Exchange Right (the "Buy-out Right"), for the purchase price of an amount equal to 105% of the original issue price for such shares plus all unpaid dividends accrued, with such Buy-out Right expiring within one year after the date of the Exchange Agreement.

F3 · ownership.nature: This statement is being filed by Cyrus Capital Partners, L.P. ("Cyrus"), FBC, Cyrus Capital Partners GP, L.L.C. ("Cyrus GP"), and Stephen C. Freidheim. FBC is a wholly owned subsidiary of certain funds advised and managed by Cyrus, each of which are private investment funds engaged in the business of acquiring, holding and disposing of investments in various companies. Cyrus is a manager of FBC and the investment manager of each private fund holding an interest in FBC. Cyrus GP is the general partner of Cyrus. Mr. Freidheim is the sole member and manager of Cyrus GP and Chief Investment Officer of Cyrus. Cyrus, Cyrus GP and Mr. Freidheim may be deemed to have a pecuniary interest in a portion of the securities held directly by FBC due to Cyrus' right to receive performance-based allocations.

F4 · ownership.nature: (Continued from footnote 3) Each of Mr. Freidheim, Cyrus GP and Cyrus disclaims beneficial ownership of the securities of the Issuer reported herein except to the extent of his or its pecuniary interest therein, and this report shall not be deemed an admission that any of Mr. Freidheim, Cyrus GP or Cyrus is the beneficial owner of such securities for purposes of Section 16 of the Securities Exchange Act of 1934, as amended, or for any other purpose.

SEC source: 0000899243-18-029011 · doc4.xml · nonDerivative · entry 1

CYRUS CAPITAL PARTNERS, L.P. · CIK 0001166564 · 10% owner

CYRUS CAPITAL PARTNERS GP, LLC · CIK 0001166774 · 10% owner

FREIDHEIM STEPHEN C · CIK 0001251783 · 10% owner

FBC HOLDINGS S.A.R.L. · CIK 0001530547 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · See Footnotes

Disclosed balance after: 6,500,000

F1 · kind: On November 13, 2018, Sphere 3D Corp. (the "Issuer") entered into a Conversion Agreement (the "Conversion Agreement") with FBC Holdings S.a r.l. ("FBC") pursuant to which FBC received 6,500,000 Series A Preferred Shares of the Issuer ("Series A Preferred Shares") through the exchange of $6.5 million of a debenture by and between the Issuer and FBC. The Series A Preferred Shares, subject to prior approval by the holders of outstanding common shares of the Issuer (which may only be sought by the Issuer after the six-month anniversary of the initial issue date of the Series A Preferred Shares), are convertible into the Issuer's common shares, at a conversion rate equal to $1.00 per share, plus accrued and unpaid dividends, divided by an amount equal to 0.85 multiplied by a 15 trading day volume weighted average price per common share prior to the date that the conversion notice is provided (the "Conversion Rate"),

F2 · kind: (Continued from footnote 1) subject to a conversion price floor of $0.80 as required by NASDAQ rules. The Series A Preferred Shares carry a cumulative preferred dividend at a rate of 8% of the subscription price per Series A Preferred Share, are subject to mandatory redemption for cash after a two-year period, and carry a liquidation preference equal to the subscription price per Series A Preferred Share plus any accrued and unpaid dividends.

F1 · price: On November 13, 2018, Sphere 3D Corp. (the "Issuer") entered into a Conversion Agreement (the "Conversion Agreement") with FBC Holdings S.a r.l. ("FBC") pursuant to which FBC received 6,500,000 Series A Preferred Shares of the Issuer ("Series A Preferred Shares") through the exchange of $6.5 million of a debenture by and between the Issuer and FBC. The Series A Preferred Shares, subject to prior approval by the holders of outstanding common shares of the Issuer (which may only be sought by the Issuer after the six-month anniversary of the initial issue date of the Series A Preferred Shares), are convertible into the Issuer's common shares, at a conversion rate equal to $1.00 per share, plus accrued and unpaid dividends, divided by an amount equal to 0.85 multiplied by a 15 trading day volume weighted average price per common share prior to the date that the conversion notice is provided (the "Conversion Rate"),

F2 · price: (Continued from footnote 1) subject to a conversion price floor of $0.80 as required by NASDAQ rules. The Series A Preferred Shares carry a cumulative preferred dividend at a rate of 8% of the subscription price per Series A Preferred Share, are subject to mandatory redemption for cash after a two-year period, and carry a liquidation preference equal to the subscription price per Series A Preferred Share plus any accrued and unpaid dividends.

F3 · ownership.nature: This statement is being filed by Cyrus Capital Partners, L.P. ("Cyrus"), FBC, Cyrus Capital Partners GP, L.L.C. ("Cyrus GP"), and Stephen C. Freidheim. FBC is a wholly owned subsidiary of certain funds advised and managed by Cyrus, each of which are private investment funds engaged in the business of acquiring, holding and disposing of investments in various companies. Cyrus is a manager of FBC and the investment manager of each private fund holding an interest in FBC. Cyrus GP is the general partner of Cyrus. Mr. Freidheim is the sole member and manager of Cyrus GP and Chief Investment Officer of Cyrus. Cyrus, Cyrus GP and Mr. Freidheim may be deemed to have a pecuniary interest in a portion of the securities held directly by FBC due to Cyrus' right to receive performance-based allocations.

F4 · ownership.nature: (Continued from footnote 3) Each of Mr. Freidheim, Cyrus GP and Cyrus disclaims beneficial ownership of the securities of the Issuer reported herein except to the extent of his or its pecuniary interest therein, and this report shall not be deemed an admission that any of Mr. Freidheim, Cyrus GP or Cyrus is the beneficial owner of such securities for purposes of Section 16 of the Securities Exchange Act of 1934, as amended, or for any other purpose.

SEC source: 0001382963-18-000085 · edgar.xml · nonDerivative · entry 2

CYRUS CAPITAL PARTNERS, L.P. · CIK 0001166564 · 10% owner

CYRUS CAPITAL PARTNERS GP, LLC · CIK 0001166774 · 10% owner

FREIDHEIM STEPHEN C · CIK 0001251783 · 10% owner

FBC HOLDINGS S.A.R.L. · CIK 0001530547 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · See Footnotes

Disclosed balance after: 2,164,940

F6 · kind: Common Shares reported herein were acquired in consideration for the partial payment of the fourth installment payment of $183,750 owed by the Issuer to FBC, as previously reported, for FBC, among other things, extending the maturity date of the Debenture. The remaining balance of the fourth installment payment was settled by the Issuer in cash.

F2 · balance_after: The Common Shares are directly owned by FBC.

F3 · ownership.nature: This statement is being filed by Cyrus Capital Partners, L.P. ("Cyrus"), FBC, Cyrus Capital Partners GP, L.L.C. ("Cyrus GP"), and Stephen C. Freidheim (each of Cyrus, FBC, Cyrus GP, and Mr. Freidheim, collectively the "Reporting Persons"). FBC, is a wholly owned subsidiary of certain funds advised and managed by Cyrus, each of which are private investment funds engaged in the business of acquiring, holding and disposing of investments in various companies.

F4 · ownership.nature: Cyrus is the manager of FBC and the investment manager of each private fund holding an interest in FBC. Cyrus GP is the general partner of Cyrus. Mr. Freidheim is the manager of Cyrus GP. Mr. Freidheim is also the Chief Investment Officer of Cyrus.

F5 · ownership.nature: Pursuant to Rule 16a-1(a)(4) under the Exchange Act, this filing shall not be deemed an admission that each Reporting Person was, for the purposes of Section 16 of the Exchange Act or otherwise, the beneficial owner of any securities of the Issuer held by the Reporting Persons, and such beneficial ownership was and is expressly disclaimed by the Reporting Persons except to the extent of their pecuniary interest.

SEC source: 0001382963-18-000085 · edgar.xml · nonDerivative · entry 1

CYRUS CAPITAL PARTNERS, L.P. · CIK 0001166564 · 10% owner

CYRUS CAPITAL PARTNERS GP, LLC · CIK 0001166774 · 10% owner

FREIDHEIM STEPHEN C · CIK 0001251783 · 10% owner

FBC HOLDINGS S.A.R.L. · CIK 0001530547 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · See Footnotes

Disclosed balance after: 1,905,700

F1 · kind: Shares of Issuer common stock ("Common Shares") reported herein were acquired in lieu of Interest owed to FBC Holdings S.a r.l. ("FBC") by the Issuer under that certain 8% Senior Secured Convertible Debenture by and among FBC, the Issuer and certain subsidiaries and guarantors of the Issuer (the "Debenture").

F2 · balance_after: The Common Shares are directly owned by FBC.

F3 · ownership.nature: This statement is being filed by Cyrus Capital Partners, L.P. ("Cyrus"), FBC, Cyrus Capital Partners GP, L.L.C. ("Cyrus GP"), and Stephen C. Freidheim (each of Cyrus, FBC, Cyrus GP, and Mr. Freidheim, collectively the "Reporting Persons"). FBC, is a wholly owned subsidiary of certain funds advised and managed by Cyrus, each of which are private investment funds engaged in the business of acquiring, holding and disposing of investments in various companies.

F4 · ownership.nature: Cyrus is the manager of FBC and the investment manager of each private fund holding an interest in FBC. Cyrus GP is the general partner of Cyrus. Mr. Freidheim is the manager of Cyrus GP. Mr. Freidheim is also the Chief Investment Officer of Cyrus.

F5 · ownership.nature: Pursuant to Rule 16a-1(a)(4) under the Exchange Act, this filing shall not be deemed an admission that each Reporting Person was, for the purposes of Section 16 of the Exchange Act or otherwise, the beneficial owner of any securities of the Issuer held by the Reporting Persons, and such beneficial ownership was and is expressly disclaimed by the Reporting Persons except to the extent of their pecuniary interest.

SEC source: 0001382963-18-000077 · edgar.xml · nonDerivative · entry 2

CYRUS CAPITAL PARTNERS, L.P. · CIK 0001166564 · 10% owner

CYRUS CAPITAL PARTNERS GP, LLC · CIK 0001166774 · 10% owner

FREIDHEIM STEPHEN C · CIK 0001251783 · 10% owner

FBC HOLDINGS S.A.R.L. · CIK 0001530547 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · See Footnotes

Disclosed balance after: 1,705,519

F6 · kind: Common Shares reported herein were acquired in consideration for the third installment payment of $183,750 owed by the Issuer to FBC, as previously reported, for FBC, among other things, extending the maturity date of the Debenture.

F2 · balance_after: The Common Shares are directly owned by FBC.

F3 · ownership.nature: This statement is being filed by Cyrus Capital Partners, L.P. ("Cyrus"), FBC, Cyrus Capital Partners GP, L.L.C. ("Cyrus GP"), and Stephen C. Freidheim (each of Cyrus, FBC, Cyrus GP, and Mr. Freidheim, collectively the "Reporting Persons"). FBC, is a wholly owned subsidiary of certain funds advised and managed by Cyrus, each of which are private investment funds engaged in the business of acquiring, holding and disposing of investments in various companies.

F4 · ownership.nature: Cyrus is the manager of FBC and the investment manager of each private fund holding an interest in FBC. Cyrus GP is the general partner of Cyrus. Mr. Freidheim is the manager of Cyrus GP. Mr. Freidheim is also the Chief Investment Officer of Cyrus.

F5 · ownership.nature: Pursuant to Rule 16a-1(a)(4) under the Exchange Act, this filing shall not be deemed an admission that each Reporting Person was, for the purposes of Section 16 of the Exchange Act or otherwise, the beneficial owner of any securities of the Issuer held by the Reporting Persons, and such beneficial ownership was and is expressly disclaimed by the Reporting Persons except to the extent of their pecuniary interest.

SEC source: 0001382963-18-000077 · edgar.xml · nonDerivative · entry 1

CYRUS CAPITAL PARTNERS, L.P. · CIK 0001166564 · 10% owner

CYRUS CAPITAL PARTNERS GP, LLC · CIK 0001166774 · 10% owner

FREIDHEIM STEPHEN C · CIK 0001251783 · 10% owner

FBC HOLDINGS S.A.R.L. · CIK 0001530547 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · See Footnotes

Disclosed balance after: 1,358,821

F1 · kind: Shares of Issuer common stock ("Common Shares") reported herein were acquired in lieu of Interest owed to FBC Holdings S.a r.l. ("FBC") by the Issuer under that certain 8% Senior Secured Convertible Debenture by and among FBC, the Issuer and certain subsidiaries and guarantors of the Issuer (the "Debenture").

F2 · balance_after: The Common Shares are directly owned by FBC.

F3 · ownership.nature: This statement is being filed by Cyrus Capital Partners, L.P. ("Cyrus"), FBC, Cyrus Capital Partners GP, L.L.C. ("Cyrus GP"), and Stephen C. Freidheim (each of Cyrus, FBC, Cyrus GP, and Mr. Freidheim, collectively the "Reporting Persons"). FBC, is a wholly owned subsidiary of certain funds advised and managed by Cyrus, each of which are private investment funds engaged in the business of acquiring, holding and disposing of investments in various companies.

F4 · ownership.nature: Cyrus is the manager of FBC and the investment manager of each private fund holding an interest in FBC. Cyrus GP is the general partner of Cyrus. Mr. Freidheim is the manager of Cyrus GP. Mr. Freidheim is also the Chief Investment Officer of Cyrus.

F5 · ownership.nature: Pursuant to Rule 16a-1(a)(4) under the Exchange Act, this filing shall not be deemed an admission that each Reporting Person was, for the purposes of Section 16 of the Exchange Act or otherwise, the beneficial owner of any securities of the Issuer held by the Reporting Persons, and such beneficial ownership was and is expressly disclaimed by the Reporting Persons except to the extent of their pecuniary interest.

SEC source: 0001382963-18-000073 · edgar.xml · nonDerivative · entry 3

CYRUS CAPITAL PARTNERS, L.P. · CIK 0001166564 · 10% owner

CYRUS CAPITAL PARTNERS GP, LLC · CIK 0001166774 · 10% owner

FREIDHEIM STEPHEN C · CIK 0001251783 · 10% owner

FBC HOLDINGS S.A.R.L. · CIK 0001530547 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · See Footnotes

Disclosed balance after: 1,216,976

F7 · kind: Common Shares reported herein were acquired in consideration for the second installment payment of $183,750 owed by the Issuer to FBC, as previously reported, for FBC, among other things, extending the maturity date of the Debenture.

F2 · balance_after: The Common Shares are directly owned by FBC.

F3 · ownership.nature: This statement is being filed by Cyrus Capital Partners, L.P. ("Cyrus"), FBC , Cyrus Capital Partners GP, L.L.C. ("Cyrus GP"), and Stephen C. Freidheim (each of Cyrus, FBC, Cyrus GP, and Mr. Freidheim, collectively the "Reporting Persons"). FBC, is a wholly owned subsidiary of certain funds advised and managed by Cyrus, each of which are private investment funds engaged in the business of acquiring, holding and disposing of investments in various companies.

F4 · ownership.nature: Cyrus is the manager of FBC and the investment manager of each private fund holding an interest in FBC. Cyrus GP is the general partner of Cyrus. Mr. Freidheim is the manager of Cyrus GP. Mr. Freidheim is also the Chief Investment Officer of Cyrus.

F5 · ownership.nature: Pursuant to Rule 16a-1(a)(4) under the Exchange Act, this filing shall not be deemed an admission that each Reporting Person was, for the purposes of Section 16 of the Exchange Act or otherwise, the beneficial owner of any securities of the Issuer held by the Reporting Persons, and such beneficial ownership was and is expressly disclaimed by the Reporting Persons except to the extent of their pecuniary interest.

SEC source: 0001382963-18-000073 · edgar.xml · nonDerivative · entry 2

CYRUS CAPITAL PARTNERS, L.P. · CIK 0001166564 · 10% owner

CYRUS CAPITAL PARTNERS GP, LLC · CIK 0001166774 · 10% owner

FREIDHEIM STEPHEN C · CIK 0001251783 · 10% owner

FBC HOLDINGS S.A.R.L. · CIK 0001530547 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · See Footnotes

Disclosed balance after: 991,516

F6 · kind: Common Shares reported herein were acquired in consideration for the first installment payment of $183,750 owed by the Issuer to FBC, as previously reported, for FBC, among other things, extending the maturity date of the Debenture.

F2 · balance_after: The Common Shares are directly owned by FBC.

F3 · ownership.nature: This statement is being filed by Cyrus Capital Partners, L.P. ("Cyrus"), FBC , Cyrus Capital Partners GP, L.L.C. ("Cyrus GP"), and Stephen C. Freidheim (each of Cyrus, FBC, Cyrus GP, and Mr. Freidheim, collectively the "Reporting Persons"). FBC, is a wholly owned subsidiary of certain funds advised and managed by Cyrus, each of which are private investment funds engaged in the business of acquiring, holding and disposing of investments in various companies.

F4 · ownership.nature: Cyrus is the manager of FBC and the investment manager of each private fund holding an interest in FBC. Cyrus GP is the general partner of Cyrus. Mr. Freidheim is the manager of Cyrus GP. Mr. Freidheim is also the Chief Investment Officer of Cyrus.

F5 · ownership.nature: Pursuant to Rule 16a-1(a)(4) under the Exchange Act, this filing shall not be deemed an admission that each Reporting Person was, for the purposes of Section 16 of the Exchange Act or otherwise, the beneficial owner of any securities of the Issuer held by the Reporting Persons, and such beneficial ownership was and is expressly disclaimed by the Reporting Persons except to the extent of their pecuniary interest.

SEC source: 0001382963-18-000073 · edgar.xml · nonDerivative · entry 1

CYRUS CAPITAL PARTNERS, L.P. · CIK 0001166564 · 10% owner

CYRUS CAPITAL PARTNERS GP, LLC · CIK 0001166774 · 10% owner

FREIDHEIM STEPHEN C · CIK 0001251783 · 10% owner

FBC HOLDINGS S.A.R.L. · CIK 0001530547 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · See Footnotes

Disclosed balance after: 860,360

F1 · kind: Shares of Issuer common stock ("Common Shares") reported herein were acquired in lieu of Interest owed to FBC Holdings S.a r.l. ("FBC") by the Issuer under that certain 8% Senior Secured Convertible Debenture by and among FBC, the Issuer and certain subsidiaries and guarantors of the Issuer (the "Debenture").

F2 · balance_after: The Common Shares are directly owned by FBC.

F3 · ownership.nature: This statement is being filed by Cyrus Capital Partners, L.P. ("Cyrus"), FBC , Cyrus Capital Partners GP, L.L.C. ("Cyrus GP"), and Stephen C. Freidheim (each of Cyrus, FBC, Cyrus GP, and Mr. Freidheim, collectively the "Reporting Persons"). FBC, is a wholly owned subsidiary of certain funds advised and managed by Cyrus, each of which are private investment funds engaged in the business of acquiring, holding and disposing of investments in various companies.

F4 · ownership.nature: Cyrus is the manager of FBC and the investment manager of each private fund holding an interest in FBC. Cyrus GP is the general partner of Cyrus. Mr. Freidheim is the manager of Cyrus GP. Mr. Freidheim is also the Chief Investment Officer of Cyrus.

F5 · ownership.nature: Pursuant to Rule 16a-1(a)(4) under the Exchange Act, this filing shall not be deemed an admission that each Reporting Person was, for the purposes of Section 16 of the Exchange Act or otherwise, the beneficial owner of any securities of the Issuer held by the Reporting Persons, and such beneficial ownership was and is expressly disclaimed by the Reporting Persons except to the extent of their pecuniary interest.

SEC source: 0001382963-18-000067 · edgar.xml · nonDerivative · entry 1

CYRUS CAPITAL PARTNERS, L.P. · CIK 0001166564 · 10% owner

CYRUS CAPITAL PARTNERS GP, LLC · CIK 0001166774 · 10% owner

FREIDHEIM STEPHEN C · CIK 0001251783 · 10% owner

FBC HOLDINGS S.A.R.L. · CIK 0001530547 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · See Footnotes

Disclosed balance after: 754,940

F1 · kind: Shares of Issuer common stock ("Common Shares") reported herein were acquired in lieu of Interest owed to FBC Holdings S.a r.l. ("FBC") by the Issuer under that certain 8% Senior Secured Convertible Debenture by and among FBC, the Issuer and certain subsidiaries and guarantors of the Issuer.

F2 · balance_after: The Common Shares are directly owned by FBC.

F3 · ownership.nature: This statement is being filed by Cyrus Capital Partners, L.P. ("Cyrus"), FBC , Cyrus Capital Partners GP, L.L.C. ("Cyrus GP"), and Stephen C. Freidheim (each of Cyrus, FBC, Cyrus GP, and Mr. Freidheim, collectively the "Reporting Persons"). FBC, is a wholly owned subsidiary of certain funds advised and managed by Cyrus, each of which are private investment funds engaged in the business of acquiring, holding and disposing of investments in various companies.

F4 · ownership.nature: Cyrus is the manager of FBC and the investment manager of each private fund holding an interest in FBC. Cyrus GP is the general partner of Cyrus. Mr. Freidheim is the manager of Cyrus GP. Mr. Freidheim is also the Chief Investment Officer of Cyrus.

F5 · ownership.nature: Pursuant to Rule 16a-1(a)(4) under the Exchange Act, this filing shall not be deemed an admission that each Reporting Person was, for the purposes of Section 16 of the Exchange Act or otherwise, the beneficial owner of any securities of the Issuer held by the Reporting Persons, and such beneficial ownership was and is expressly disclaimed by the Reporting Persons except to the extent of their pecuniary interest.

SEC source: 0001382963-18-000042 · edgar.xml · nonDerivative · entry 3

CYRUS CAPITAL PARTNERS, L.P. · CIK 0001166564 · 10% owner

CYRUS CAPITAL PARTNERS GP, LLC · CIK 0001166774 · 10% owner

FREIDHEIM STEPHEN C · CIK 0001251783 · 10% owner

CRESCENT 1 LP · CIK 0001436902 · 10% owner

Cyrus Select Opportunities Master Fund, Ltd. · CIK 0001569790 · 10% owner

CRS Master Fund, L.P. · CIK 0001569793 · 10% owner

Cyrus Opportunities Master Fund II, Ltd. · CIK 0001328640 · 10% owner

Cyrus Capital Advisors, L.L.C. · CIK 0001570401 · 10% owner

FBC HOLDINGS S.A.R.L. · CIK 0001530547 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · See Footnote

Disclosed balance after: 409,981

F1 · shares: The shares of common stock ("Common Shares") sold were owned directly by FBC.

F8 · balance_after: The Common Shares are owned directly by FBC.

F4 · ownership.nature: This statement is being filed by Cyrus Capital Partners, L.P. ("Cyrus"), FBC , Cyrus Capital Partners GP, L.L.C. ("Cyrus GP"), Cyrus Opportunities, CRS , Crescent , Cyrus Select , Cyrus Capital Advisors, L.L.C. ("Cyrus Advisors") and Stephen C. Freidham (each of Cyrus, FBC, Cyrus GP, Cyrus Opportunities, CRS, Crescent, Cyrus Select, Cyrus Advisors and Mr. Freidheim, collectively the "Reporting Persons"). FBC, a wholly owned subsidiary of Cyrus Opportunities, CRS, Crescent, Cyrus Select and Cyrus Europe Master Fund, Ltd., each of which are private investment funds engaged in the business of acquiring, holding and disposing of investments in various companies.

F5 · ownership.nature: Cyrus is the manager of FBC and the investment manager of each private fund holding an interest in FBC. Cyrus GP is the general partner of Cyrus. Cyrus Advisors is the general partner of Crescent and CRS. Mr. Freidheim is the manager of Cyrus GP and Cyrus GP is the managing member of Cyrus Advisors. Mr. Freidheim is also the Chief Investment Officer of Cyrus.

F6 · ownership.nature: Pursuant to Rule 16a-1(a)(4) under the Exchange Act, this filing shall not be deemed an admission that each Reporting Person was, for the purposes of Section 16 of the Exchange Act or otherwise, the beneficial owner of any securities of the Issuer held by the Reporting Persons, and such beneficial ownership was and is expressly disclaimed by the Reporting Persons except to the extent of their pecuniary interest.

SEC source: 0001382963-18-000042 · edgar.xml · nonDerivative · entry 2

CYRUS CAPITAL PARTNERS, L.P. · CIK 0001166564 · 10% owner

CYRUS CAPITAL PARTNERS GP, LLC · CIK 0001166774 · 10% owner

FREIDHEIM STEPHEN C · CIK 0001251783 · 10% owner

CRESCENT 1 LP · CIK 0001436902 · 10% owner

Cyrus Select Opportunities Master Fund, Ltd. · CIK 0001569790 · 10% owner

CRS Master Fund, L.P. · CIK 0001569793 · 10% owner

Cyrus Opportunities Master Fund II, Ltd. · CIK 0001328640 · 10% owner

Cyrus Capital Advisors, L.L.C. · CIK 0001570401 · 10% owner

FBC HOLDINGS S.A.R.L. · CIK 0001530547 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · See Footnotes

Disclosed balance after: 609,981

F7 · balance_after: Such sales were conducted by the following entities and in the following amounts: Cyrus Opportunities sold 18,934 Common Shares of the Issuer; CRS sold 6,058 Common Shares of the Issuer; Crescent sold 6,961 shares of Common Shares of the Issuer; Cyrus Select sold 3,057 Common Shares of the Issuer; and FBC sold 177,480 Common Shares of the Issuer. Upon completion of these sales, FBC is the direct owner of the remaining 609,981 Common Shares owned by the Reporting Persons.

F4 · ownership.nature: This statement is being filed by Cyrus Capital Partners, L.P. ("Cyrus"), FBC , Cyrus Capital Partners GP, L.L.C. ("Cyrus GP"), Cyrus Opportunities, CRS , Crescent , Cyrus Select , Cyrus Capital Advisors, L.L.C. ("Cyrus Advisors") and Stephen C. Freidham (each of Cyrus, FBC, Cyrus GP, Cyrus Opportunities, CRS, Crescent, Cyrus Select, Cyrus Advisors and Mr. Freidheim, collectively the "Reporting Persons"). FBC, a wholly owned subsidiary of Cyrus Opportunities, CRS, Crescent, Cyrus Select and Cyrus Europe Master Fund, Ltd., each of which are private investment funds engaged in the business of acquiring, holding and disposing of investments in various companies.

F5 · ownership.nature: Cyrus is the manager of FBC and the investment manager of each private fund holding an interest in FBC. Cyrus GP is the general partner of Cyrus. Cyrus Advisors is the general partner of Crescent and CRS. Mr. Freidheim is the manager of Cyrus GP and Cyrus GP is the managing member of Cyrus Advisors. Mr. Freidheim is also the Chief Investment Officer of Cyrus.

F6 · ownership.nature: Pursuant to Rule 16a-1(a)(4) under the Exchange Act, this filing shall not be deemed an admission that each Reporting Person was, for the purposes of Section 16 of the Exchange Act or otherwise, the beneficial owner of any securities of the Issuer held by the Reporting Persons, and such beneficial ownership was and is expressly disclaimed by the Reporting Persons except to the extent of their pecuniary interest.

SEC source: 0001382963-18-000042 · edgar.xml · nonDerivative · entry 1

CYRUS CAPITAL PARTNERS, L.P. · CIK 0001166564 · 10% owner

CYRUS CAPITAL PARTNERS GP, LLC · CIK 0001166774 · 10% owner

FREIDHEIM STEPHEN C · CIK 0001251783 · 10% owner

CRESCENT 1 LP · CIK 0001436902 · 10% owner

Cyrus Select Opportunities Master Fund, Ltd. · CIK 0001569790 · 10% owner

CRS Master Fund, L.P. · CIK 0001569793 · 10% owner

Cyrus Opportunities Master Fund II, Ltd. · CIK 0001328640 · 10% owner

Cyrus Capital Advisors, L.L.C. · CIK 0001570401 · 10% owner

FBC HOLDINGS S.A.R.L. · CIK 0001530547 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · See Footnotes

Disclosed balance after: 822,471

F1 · shares: The shares of common stock ("Common Shares") sold were owned directly by FBC.

F2 · price: The price per share reported in Column 4 is a weighted average price. These Common Shares were sold in multiple transactions at prices ranging US$2.39560 to US$2.64470. The Reporting Persons undertake to provide full information regarding the number of Common Shares sold at each price to the Commission upon request.

F3 · balance_after: Upon completion of the sale by FBC of 196,725 Common Shares of the Issuer, Cyrus Opportunities Master Fund II, Ltd. ("Cyrus Opportunities") directly owns 18,934 Common Shares of the Issuer; CRS Master Fund, L.P. ("CRS") directly owns 6,058 Common Shares of the Issuer; Crescent I, L.P. ("Crescent") directly owns 6,961 Common Shares of the Issuer; Cyrus Select Opportunities Master Fund, Ltd. ("Cyrus Select") directly owns 3,057 Common Shares of the Issuer; and FBC Holdings S.a r.l. ("FBC) directly owns 787,641 Common Shares of the Issuer.

F4 · ownership.nature: This statement is being filed by Cyrus Capital Partners, L.P. ("Cyrus"), FBC , Cyrus Capital Partners GP, L.L.C. ("Cyrus GP"), Cyrus Opportunities, CRS , Crescent , Cyrus Select , Cyrus Capital Advisors, L.L.C. ("Cyrus Advisors") and Stephen C. Freidham (each of Cyrus, FBC, Cyrus GP, Cyrus Opportunities, CRS, Crescent, Cyrus Select, Cyrus Advisors and Mr. Freidheim, collectively the "Reporting Persons"). FBC, a wholly owned subsidiary of Cyrus Opportunities, CRS, Crescent, Cyrus Select and Cyrus Europe Master Fund, Ltd., each of which are private investment funds engaged in the business of acquiring, holding and disposing of investments in various companies.

F5 · ownership.nature: Cyrus is the manager of FBC and the investment manager of each private fund holding an interest in FBC. Cyrus GP is the general partner of Cyrus. Cyrus Advisors is the general partner of Crescent and CRS. Mr. Freidheim is the manager of Cyrus GP and Cyrus GP is the managing member of Cyrus Advisors. Mr. Freidheim is also the Chief Investment Officer of Cyrus.

F6 · ownership.nature: Pursuant to Rule 16a-1(a)(4) under the Exchange Act, this filing shall not be deemed an admission that each Reporting Person was, for the purposes of Section 16 of the Exchange Act or otherwise, the beneficial owner of any securities of the Issuer held by the Reporting Persons, and such beneficial ownership was and is expressly disclaimed by the Reporting Persons except to the extent of their pecuniary interest.