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If the form is filed by more than one reporting person, see Instruction 5(b)(v). |
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Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). |
(1) |
Cap 1 LLC also reports beneficial ownership pursuant to Rule 13d-1 of the Securities Exchange Act of 1934, as amended, pursuant to a Schedule 13D filed jointly by Richard S. Sackler, M.D. and Richard and Beth Sackler Foundation Inc. |
(2) |
Represents shares of common stock held by Cap 1 LLC. Cap 1 LLC is a Delaware limited liability company and investment entity that is a family client of Summer Road LLC. |
(3) |
Represents shares of common stock held by Richard S. Sackler, M.D. ("Dr. Sackler"). Cap 1 LLC is a Delaware limited liability company wholly owned by Dr. Sackler and Jonathan D. Sackler, as Trustees of the 1974 Irrevocable Trust A FBO BS and RSS. The beneficiaries of the 1974 Irrevocable Trust A FBO BS and RSS are Beverly Sackler, Dr. Sackler and the issue of Dr. Sackler. Dr. Sackler is also a family client of Summer Road LLC. |
(4) |
Represents shares of common stock held by Richard and Beth Sackler Foundation Inc. Richard and Beth Sackler Foundation Inc. is a family client of Summer Road LLC and a beneficiary of Cap 1 LLC. |
(5) |
The Series A Cumulative Convertible Preferred Stock (the "Preferred Stock") is not registered under the Securities Exchange Act of 1934, as amended. |
(6) |
The Preferred Stock is exercisable upon a change of control (as defined in the Certificate of Designation of Series A Cumulative Convertible Preferred Stock of Peak Resorts Inc. filed as exhibit 4.1 to the Form 8-K filed on October 28, 2016, the "Certificate of Designation") or after August 2, 2017. |
(7) |
The right to convert ceases and terminates at 5:00 p.m., New York City time, on the business day immediately preceding the Redemption Date (as defined in the Certificate of Designation). |
(8) |
Represents the number of shares of common stock that the Preferred Stock is initially convertible into. The Preferred Stock is convertible into a number of shares of common stock equal to the number of shares determined by (i) multiplying the number of shares to be converted by $1,000 per share, and then (ii) dividing the result by the conversion price in effect immediately prior to such conversion. The initial conversion price is $6.29 and is subject to adjustments. |