Item 5. |
Interest in Securities of the Issuer. |
(a) 1. Amount beneficially owned: The Reporting Person beneficially owns 534,110 shares of VAPO common stock, which includes (a) 390,942 shares
of VAPO common stock held directly by the Reporting Person; (b) 42,928 shares of VAPO common stock issuable within 60 days of September 14, 2023 upon exercise of stock options held by the Reporting Person; (c) 59,523 shares of common stock
issuable upon exercise of a warrant held by the Reporting Person; (d) 40,625 shares of common stock held by the Kimberly D. Army Revocable Trust; (e) 62 shares of VAPO common stock and 30 shares of VAPO common stock issuable upon exercise of stock
options held by the Reporting Persons spouse. The Reporting Person has sole voting and dispositive power over such shares, except for the shares held by the Kimberly D. Army Revocable Trust and the Reporting Persons spouse, of which he
shares voting and dispositive power.
2. Percent of class: 8.6%, as of September 14, 2023, based on 6,135,452 shares of VAPO common
stock as outstanding as of September 14, 2023.
(b) Number of shares as to which the reporting person has:
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(i) |
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Sole power to vote or to direct the vote |
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493,393 |
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(ii) |
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Shared power to vote or to direct the vote |
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40,717 |
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(iii) |
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Sole power to dispose or to direct the disposition of |
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493,393 |
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(iv) |
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Shared power to dispose or to direct the disposition of |
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40,717 |
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(c) Other than the open market purchases effected from August 11, 2023 to September 8, 2023 as
reported in this Amendment No. 1, the Reporting Person has not effected any other transactions in VAPO common stock during the past 60 days.
(d) To the knowledge of the Reporting Person, no other person has the right to receive or the power to direct the receipt of dividends from,
or the proceeds from the sale of, the shares of VAPO common stock beneficially owned by the Reporting Person.
(e) Not applicable.
Item 6. |
Contracts, Arrangements, Understandings or Relationships with Respect to Securities of the Issuer.
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The Reporting Person, together with certain other holders of VAPO common stock, is a party to a Tenth Amended and
Restated Registration Rights Agreement with VAPO which imposes certain affirmative obligations on VAPO and also grants certain rights to the holders, including certain registration rights with respect to the registrable securities held by them, and
which agreement was filed as Exhibit 99.1 to the Original Statement.
The Reporting Person, together with certain other holders of VAPO
common stock, is a party to a Securities Purchase Agreement dated February 7, 2023 with VAPO. The Reporting Person also holds a warrant to purchase 59,523 shares of VAPO common stock at an exercise price of $9.36 per share. The Securities
Purchase Agreement and a form of warrant agreement representing this warrant is filed as Exhibits 99.1 and 99.2, respectively, to this Amendment No. 1.
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