SEC Form SC 13D/A filed by Eastman Kodak Company Common New (Amendment)

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

SCHEDULE 13D

Under the Securities Exchange Act of 1934

(Amendment No. 2) 

EASTMAN KODAK COMPANY

(Name of Issuer)

Common Stock, $0.01 par value

(Title of Class of Securities)

277461 40 6

(CUSIP Number)

Mr. Matthew Ray

c/o Grand Oaks Capital

7632 County Road 42

Victor, New York 14564

Telephone (585) 340-1200

(Name, Address and telephone Number of Person Authorized to Receive Notices and Communications)

October 1, 2022

(Date of Event Which Requires Filing of this Statement)

If the filing person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of §§ 240.13d-1(e), 240.13d-1(f) or 240.13d-1(g), check the following box.  ¨ 

Note: Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See § 240.13d-7 for other parties to whom copies are to be sent.

The information required on the remainder of this cover page shall not be deemed to be “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934 (“Act”) or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).

This Amendment No. 2 amends the Statement on Schedule 13D filed by B. Thomas Golisano and GO EK Ventures IV, LLC, a Delaware limited liability company (collectively, the “Reporting Persons”) with the Securities and Exchange Commission (the “SEC”) on March 8, 2021 (the "Initial Statement") as amended by Amendment No. 1 filed on April 6, 2021 ("Amendment No. 1" and the Initial Statement and Amendment No. 1 with this Amendment No. 2, the “Statement"), which relates to the common stock, $0.01 par value per share (“Common Stock”), of Eastman Kodak Company, a New Jersey corporation (the “Issuer”).

Capitalized terms used herein and not otherwise defined have the meaning assigned to such terms in the Initial Statement. This Amendment No. 2 amends Item 4 and Item 5 of the Statement as set forth below and, accordingly, all other items or responses not described herein remain as previously reported in the Statement.

Item 4 of the Statement is hereby amended by adding the following text as the penultimate full paragraph thereof:

Between July 1, 2021 and October 1, 2022, the Reporting Persons acquired beneficial ownership of a total of 77,805 shares of the Issuer's Series C Preferred Stock as payment-in-kind dividends quarterly under the terms of the Series C Preferred Stock. Of these shares, most recently the Reporting Persons received 13,374 shares of Series C Preferred Stock as a payment-in-kind dividend on shares of Series C Preferred Stock owned on the October 1, 2022 dividend record date. In addition, on May 19, 2021, in connection with his service as a director Mr. Golisano was awarded under the Issuer's 2013 Omnibus Incentive Plan a total of 9,000 shares of Common Stock and 10,000 restricted stock units which subsequently converted into shares of Common Stock under their terms on May 17, 2022.

Items 5(a)-(c) of the Statement are hereby amended by deleting the existing text and inserting the following text in its place: 

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Signature

After reasonable inquiry and to the best of my knowledge and belief I certify that the information set forth in this statement is true, complete and correct.