SEC Form SC 13D filed by Diebold Nixdorf Incorporated
888 Seventh Avenue, 41st Floor,
CUSIP No. 253651202
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Page 2 of 9 Pages
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|||||
1
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NAME OF REPORTING PERSON
Hein Park Capital Management LP
|
|||||
2
|
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
|
(a) ☐
(b) ☐
|
||||
3
|
SEC USE ONLY
|
|||||
4
|
SOURCE OF FUNDS
AF
|
|||||
5
|
CHECK IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e)
|
☐
|
||||
6
|
CITIZENSHIP OR PLACE OF ORGANIZATION
Delaware
|
|||||
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON WITH
|
7
|
SOLE VOTING POWER
0
|
||||
8
|
SHARED VOTING POWER
3,470,687
|
|||||
9
|
SOLE DISPOSITIVE POWER
0
|
|||||
10
|
SHARED DISPOSITIVE POWER
3,470,687
|
|||||
11
|
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
3,470,687
|
|||||
12
|
CHECK IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN
SHARES (SEE INSTRUCTIONS) |
☐ | ||||
13
|
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
9.24%
|
|||||
14
|
TYPE OF REPORTING PERSON (SEE INSTRUCTIONS)
IA
|
CUSIP No. 253651202
|
Page 3 of 9 Pages
|
|||||
1
|
NAME OF REPORTING PERSON
Hein Park Capital Management GP LLC
|
|||||
2
|
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
|
(a) ☐
(b) ☐
|
||||
3
|
SEC USE ONLY
|
|||||
4
|
SOURCE OF FUNDS
AF
|
|||||
5
|
CHECK IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e)
|
☐
|
||||
6
|
CITIZENSHIP OR PLACE OF ORGANIZATION
Delaware
|
|||||
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON WITH
|
7
|
SOLE VOTING POWER
0
|
||||
8
|
SHARED VOTING POWER
3,470,687
|
|||||
9
|
SOLE DISPOSITIVE POWER
0
|
|||||
10
|
SHARED DISPOSITIVE POWER
3,470,687
|
|||||
11
|
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
3,470,687
|
|||||
12
|
CHECK IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN
SHARES (SEE INSTRUCTIONS) |
☐ | ||||
13
|
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
9.24%
|
|||||
14
|
TYPE OF REPORTING PERSON (SEE INSTRUCTIONS)
HC
|
CUSIP No. 253651202
|
Page 4 of 9 Pages
|
|||||
1
|
NAME OF REPORTING PERSON
Courtney W. Carson
|
|||||
2
|
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
|
(a) ☐
(b) ☐
|
||||
3
|
SEC USE ONLY
|
|||||
4
|
SOURCE OF FUNDS
AF
|
|||||
5
|
CHECK IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e)
|
☐
|
||||
6
|
CITIZENSHIP OR PLACE OF ORGANIZATION
United States
|
|||||
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON WITH
|
7
|
SOLE VOTING POWER
0
|
||||
8
|
SHARED VOTING POWER
3,470,687
|
|||||
9
|
SOLE DISPOSITIVE POWER
0
|
|||||
10
|
SHARED DISPOSITIVE POWER
3,470,687
|
|||||
11
|
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
3,470,687
|
|||||
12
|
CHECK IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN
SHARES (SEE INSTRUCTIONS) |
☐ | ||||
13
|
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
9.24%
|
|||||
14
|
TYPE OF REPORTING PERSON (SEE INSTRUCTIONS)
IN
|
(1) |
Hein Park Capital Management LP (“Hein Park”)
|
(2) |
Hein Park Capital Management GP LLC (“Hein Park GP”); and
|
(3) |
Courtney W. Carson (“Carson”).
|
Exhibit No.
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Description
|
1
|
Registration Rights Agreement, which was previously filed with the SEC on August 11, 2023 as Exhibit 10.2 to the Form 8-K filed by Diebold Nixdorf, Incorporated and is incorporated herein
by reference.
|
2
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Second Amended Chapter 11 Plan Filed by Diebold Holding Company, LLC, which was previously filed with the SEC on July 14, 2023 as Exhibit 2.2 to the Form 8-K filed by Diebold Nixdorf,
Incorporated and is incorporated herein by reference.
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99.1
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Joint Filing Agreement among the Reporting Persons, dated as of August 21, 2023.
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Dated: August 21, 2023
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HEIN PARK CAPITAL MANAGEMENT LP
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By: Hein Park Capital Management GP LLC, its General Partner
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By:
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/s/ Jay Schoenfarber |
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Name: Jay Schoenfarber
|
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Title: Authorized Signatory
|
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HEIN PARK CAPITAL MANAGEMENT GP LLC
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By:
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/s/ Jay Schoenfarber |
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Name: Jay Schoenfarber
|
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Title: Authorized Signatory
|
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/s/ COURTNEY W. CARSON
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COURTNEY W. CARSON
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