(48) To pass the 50% ownership test, more than 50% of the person must be beneficially
owned (directly or indirectly) by U.S.
Thomas and his affiliates beneficially
own 974,007 common shares in the capital of the Company and 974,007 common share purchase warrants, representing approximately 5.01% of the issued and outstanding securities of the Company on an undiluted basis and 7.76% on a fully-diluted basis.
Prior to such acquisition, Bloom Burton beneficially
owned, directly and indirectly, 3,031,867 shares and 1,479,240 warrants representing approximately 6.12% of the outstanding shares on a non-diluted basis and 10.49% on a partially-diluted basis assuming exercise of the warrants.
After giving effect to the acquisition, the acquiror and its affiliates, through direct and indirect ownership, beneficially
own, control or direct 290,795,335 common shares, representing approximately 63.5% of the outstanding common shares.
Meruelo Investment Partners LLC acts as an investment adviser or manager to other persons and accounts and may be deemed to beneficially
own securities owned or held by or for the account or benefit of such persons and accounts.
After closing, as previously reported, the Promet equity holders as a group beneficially
own 90% and Heatwurx shareholders as a group beneficially
own 10 percent of the equity of the Company.
As of the date hereof, after giving effect to Investment, the company beneficially
owns 32,627,632 Shares, representing approximately 13.61% of the currently issued and outstanding Shares on a non-diluted basis.
Following such acquisition, the Investors now beneficially
own an aggregate of 4,392,699 common shares that they acquired through the facilities of the NASDAQ exchange; and 85,000 series A preferred shares of SunOpta Foods, a subsidiary of SunOpta, which were acquired in connection with the previously announced private placement transaction completed on 7 October 2016.
According to the report, Starboard, who thinks Symantec needs operational changes to improve margins, especially in its business-facing segment, beneficially
owns 5.8% of Symantec, making its stake worth about $670M.