SEC Form 4
FORM 4 UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP

Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934
or Section 30(h) of the Investment Company Act of 1940
OMB APPROVAL
OMB Number: 3235-0287
Estimated average burden
hours per response: 0.5
  
Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).
1. Name and Address of Reporting Person*
LATERAL INVESTMENT MANAGEMENT, LLC

(Last) (First) (Middle)
400 SOUTH EL CAMINO REAL, SUITE 1100

(Street)
SAN MATEO CA 94402

(City) (State) (Zip)
2. Issuer Name and Ticker or Trading Symbol
FTE Networks, Inc. [ FTNW ]
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
Director X 10% Owner
Officer (give title below) Other (specify below)
3. Date of Earliest Transaction (Month/Day/Year)
10/30/2018
4. If Amendment, Date of Original Filed (Month/Day/Year)
6. Individual or Joint/Group Filing (Check Applicable Line)
Form filed by One Reporting Person
X Form filed by More than One Reporting Person
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
1. Title of Security (Instr. 3) 2. Transaction Date (Month/Day/Year) 2A. Deemed Execution Date, if any (Month/Day/Year) 3. Transaction Code (Instr. 8) 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V Amount (A) or (D) Price
Common Stock 10/30/2018 10/30/2018 X(1) 93,560 A $6 379,993 I Held by a fund managed by Lateral Investment Management, LLC(2)
Common Stock 414,643 I See below(3)
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities)
1. Title of Derivative Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Transaction Date (Month/Day/Year) 3A. Deemed Execution Date, if any (Month/Day/Year) 4. Transaction Code (Instr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) 6. Date Exercisable and Expiration Date (Month/Day/Year) 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) 8. Price of Derivative Security (Instr. 5) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) 10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 11. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares
Warrant (right to buy) $6 10/30/2018 J(1) 93,560 (1) (1) Common Stock 93,560 (1) 93,560(1)(2) I Held by a fund managed by Lateral Investment Management, LLC(2)
Warrant (right to buy) $6 10/30/2018 X(1) 93,560 (1) (1) Common Stock 93,560 (1) 0(1)(2) I Held by a fund managed by Lateral Investment Management, LLC(2)
Warrant (right to buy) $6 10/30/2018 J(1) 108,000 (1) (1) Common Stock 108,000 (1) 108,000(1)(2) I Held by Lateral U.S. Credit Opportunities Fund, L.P.(2)
1. Name and Address of Reporting Person*
LATERAL INVESTMENT MANAGEMENT, LLC

(Last) (First) (Middle)
400 SOUTH EL CAMINO REAL, SUITE 1100

(Street)
SAN MATEO CA 94402

(City) (State) (Zip)

Relationship of Reporting Person(s) to Issuer
Director X 10% Owner
Officer (give title below) Other (specify below)
1. Name and Address of Reporting Person*
Lateral U.S. Credit Opportunities Fund, L.P.

(Last) (First) (Middle)
400 SOUTH EL CAMINO REAL, SUITE 1100

(Street)
SAN MATEO CA 94402

(City) (State) (Zip)

Relationship of Reporting Person(s) to Issuer
Director X 10% Owner
Officer (give title below) Other (specify below)
1. Name and Address of Reporting Person*
Lateral Credit Opportunities, LLC

(Last) (First) (Middle)
400 SOUTH EL CAMINO REAL, SUITE 1100

(Street)
SAN MATEO CA 94402

(City) (State) (Zip)

Relationship of Reporting Person(s) to Issuer
Director X 10% Owner
Officer (give title below) Other (specify below)
1. Name and Address of Reporting Person*
de Silva Richard

(Last) (First) (Middle)
400 SOUTH EL CAMINO REAL, SUITE 1100

(Street)
SAN MATEO CA 94402

(City) (State) (Zip)

Relationship of Reporting Person(s) to Issuer
Director X 10% Owner
Officer (give title below) Other (specify below)
1. Name and Address of Reporting Person*
Feeney Patrick James

(Last) (First) (Middle)
400 SOUTH EL CAMINO REAL, SUITE 1100

(Street)
SAN MATEO CA 94402

(City) (State) (Zip)

Relationship of Reporting Person(s) to Issuer
Director X 10% Owner
Officer (give title below) Other (specify below)
1. Name and Address of Reporting Person*
Masters Kenneth M.

(Last) (First) (Middle)
400 SOUTH EL CAMINO REAL, SUITE 1100

(Street)
SAN MATEO CA 94402

(City) (State) (Zip)

Relationship of Reporting Person(s) to Issuer
Director X 10% Owner
Officer (give title below) Other (specify below)
Explanation of Responses:
1. On October 30, 2018, the reporting persons named herein (the "Reporting Persons") acquired warrants to purchase shares of the Issuer's Common Stock in connection with the extension of credit under that certain Credit Agreement previously described in the Issuer's Form 8-K filed on November 3, 2015. Also on October 30, 2018, Niagara Nominee, L.P., a fund managed by Lateral Investment Management, LLC, which is not a 10% holder of the Issuer's securities, exercised 93,560 of such warrants. The shares underlying such warrants have not been issued as of the date of this filing.
2. Following the transactions described in Footnote 1, the warrants reported herein are held by Lateral U.S. Credit Opportunities Fund, L.P. Lateral Investment Management, LLC has a management agreement with each of Lateral U.S. Credit Opportunities Fund, L.P. and Niagara Nominee, L.P.; Lateral Credit Opportunities, LLC is the sole general partner of Lateral U.S. Credit Opportunities Fund, L.P.; and Dhamitha Richard de Silva, Patrick Feeney and Kenneth Masters are the sole managers of Lateral Credit Opportunities, LLC. As a result of the foregoing relationships, each of Lateral Investment Management, LLC; Lateral Credit Opportunities, LLC; Dhamitha Richard de Silva, Patrick Feeney and Kenneth Masters may be deemed to beneficially own the shares of Common Stock held by Lateral U.S. Credit Opportunities Fund, L.P. and Niagara Nominee, L.P.
3. Lateral FTE Feeder LLC, Lateral Investment Management, LLC and Lateral U.S. Credit Opportunities Fund, L.P. are the record holder of an aggregate of 414,643 shares of Common Stock of the Issuer. In connection with certain lending arrangements, Lateral FTE Feeder LLC, Lateral Investment Management, LLC and Lateral U.S. Credit Opportunities Fund, L.P. hold certain contractual rights to be issued Common Stock, however, such shares have not yet been issued as of the date of this filing.
Remarks:
The Reporting Persons filing this Form 4 jointly are the following: Lateral Investment Management, LLC; Lateral U.S. Credit Opportunities Fund, L.P.; Lateral Credit Opportunities, LLC; Dhamitha Richard de Silva; Patrick Feeney; and Kenneth Masters. The address of each of the Reporting Persons is 400 South El Camino Real, Suite 1100, San Mateo, CA 94402.
Dhamitha Richard de Silva 11/05/2018
** Signature of Reporting Person Date
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
* If the form is filed by more than one reporting person, see Instruction 4 (b)(v).
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure.
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number.