DETERMINE (NASDAQ:DTRM) Files An 8-K Unregistered Sales of Equity Securities
Item 3.02 (Unregistered Sales Of Equity Securities) and Item 5..01 (Changes in Control of Registrant) as additional Form 8-K items that may be implicated by the Warrants, any future exercise of such Warrants and the issuance of Company Common Stock thereunder, and Item 8.01 (Other Information) providing additional supplemental information regarding the Company’s common stock. With the exception of the foregoing additions, this Amendment does not amend or otherwise update any other information in the Original Report.

As disclosed in the Original Report, the Company issued Warrants which together with any future exercise of such Warrants and the issuance of Company Common Stock thereunder, such issuances would be exempt from registration under the Securities Act in reliance on Section 4(a)(2) of the Securities Act as a transaction by an issuer not involving a public offering. The information disclosed in Item 1.01 of the Original Report is incorporated by reference into this Item 3.02.

Reference is made to the disclosure set forth under Item 1.01 in the Original Report and Item 3.02 above, which disclosure is incorporated herein by reference. With the issuance of the Warrants, Mr. Neil S. Subin, as successor to the position of President and Manager of Milfam LLC, which serves as manager, general partner, or investment advisor of a number of entities formerly managed or advised by the late Lloyd I. Miller, III, and serves as trustee of a number of Miller Family trusts, may be deemed to beneficially own approximately 46.5% of the Company’s common stock. With the issuance of the Warrants or the exercise of such Warrants for the underlying Company common stock provided for thereby, to the extent included with Company common stock beneficially held by Alimco, a change of control of the Company was or may be effected. No arrangements or understandings exist among present or former controlling stockholders with respect to the election of members of the Board of Directors of the Company.

As previously referenced in its Form 8-K filed on December 17, 2018, on December 20, 2018 the Company’s common stock was delisted from Nasdaq, and is currently designated for trading on the OTCQB marketplace under the symbol “DTRM”.

About DETERMINE (NASDAQ:DTRM)

Determine, Inc., (Determine), formerly Selectica, Inc., is a provider of enterprise contract management, supply management and configuration solutions. The Company is engaged in providing software as a service (SaaS) Source to Pay and Enterprise Contract Lifecyclem Management (ECLM) solutions. Its Source to Pay software suite includes strategic sourcing, supplier management, contract management and procure-to-pay applications. The Determine Cloud Platform gives procurement, finance and legal professionals the ability to deliver insights through analysis of their supplier relationships and contractual requirements. The Determine platform is an open technology infrastructure based on smart process application models. In addition to its source to pay and enterprise contract lifecycle management solutions suite, it also provides a configuration engine solution. Determine’s Configuration engine consolidates the management and dissemination of complex product information.