Sec Form 13D Filing - Standard General L.P. filing for BALLYS CORP COM (BALY) - 2022-07-15

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

SCHEDULE 13D

 

Under the Securities Exchange Act of 1934
(Amendment No. 20)

 

BALLY’S CORPORATION

(Name of Issuer)

 

Common Stock, $0.01 par value per share

(Title of Class of Securities)

 

05875B106

(CUSIP Number)

 

Joseph Mause
Standard General L.P.
767 Fifth Avenue, 12th Floor
New York, NY 10153
Tel. No.: 212-257-4701

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

 

July 14, 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 Rule 13d-7 for other parties to whom copies are to be sent.

 

* The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page.

 

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).

 

 

	1	Names of Reporting Persons. Standard General L.P.
	2	Check the Appropriate Box if a Member of a Group (See Instructions)
		(a)			o
		(b)			o
	3	SEC Use Only
	4	Source of Funds (See Instructions): AF
	5	Check if Disclosure of Legal Proceedings Is Required Pursuant to Items 2(d) or 2(e):  o
	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 11,424,849
			9	Sole Dispositive Power 0
			10	Shared Dispositive Power 11,424,849
	11	Aggregate Amount Beneficially Owned by Each Reporting Person 11,424,849
	12	Check if the Aggregate Amount in Row (11) Excludes Certain Shares (See Instructions) o
	13	Percent of Class Represented by Amount in Row (11) 21.7%
	14	Type of Reporting Person (See Instructions) IA

 

 

	1	Names of Reporting Persons. Soohyung Kim
	2	Check the Appropriate Box if a Member of a Group (See Instructions)
		(a)			o
		(b)			o
	3	SEC Use Only
	4	Source of Funds (See Instructions): AF
	5	Check if Disclosure of Legal Proceedings Is Required Pursuant to Items 2(d) or 2(e):  o
	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 11,424,849
			9	Sole Dispositive Power 0
			10	Shared Dispositive Power 11,424,849
	11	Aggregate Amount Beneficially Owned by Each Reporting Person 11,424,849
	12	Check if the Aggregate Amount in Row (11) Excludes Certain Shares (See Instructions) o
	13	Percent of Class Represented by Amount in Row (11) 21.7%
	14	Type of Reporting Person (See Instructions) IN, HC

 

 

AMENDMENT NO. 20 TO SCHEDULE 13D

 

This Amendment No. 20 to Schedule 13D (the “Amendment”) relates to Common Stock, par value $0.01 per share (“Common Stock”), of Bally’s Corporation, a Delaware corporation (the “Issuer” or the “Company”). This Amendment is being filed to amend the Schedule 13D that was originally filed on March 29, 2019 and amended on June 26, 2019, July 15, 2019, August 2, 2019, November 19, 2019, February 13, 2020, February 20, 2020, August 7, 2020, September 17, 2020, November 20, 2020, December 15, 2020, March 30, 2021, April 6, 2021, April 16, 2021, April 22, 2021, August 11, 2021, October 8, 2021, December 9, 2021, January 25, 2022 and May 5, 2022 (as amended, the “Schedule 13D”). Unless otherwise indicated in this Amendment, all capitalized terms have the meanings ascribed to them in the Schedule 13D.

 

This Amendment is being filed to amend and supplement Items 4, 5, 6 and 7 of the Schedule 13D as set forth below.

 

Item 4. Purpose of Transaction

 

The information contained in Item 6 is incorporated by reference into this Item 4.

 

Item 5. Interest in Securities of the Issuer

 

(a) and (b) See Items 7-13 of the cover pages and Item 2 above.

 

(c) The Reporting Persons did not effect any transactions in shares of the Issuer’s Common Stock during the sixty day period prior to the filing of this Schedule 13D.

 

The percentages reported herein are based on a statement in the Issuer's Tender Offer Statement, filed with the Securities and Exchange Commission on June 24, 2022, that there were 52,562,796 shares of the Issuer's Common Stock outstanding as of June 20, 2022.

 

(d) Not applicable.

 

(e) Not applicable.

 

Item 6. Contracts, Arrangements, Understandings or Relationships with Respect to Securities of the Issuer

 

On July 14, 2022, Standard RI Ltd. (“Standard RI”) notified the Issuer of Standard RI’s election to tender 360,000 shares of Common Stock in the Issuer’s modified Dutch auction self-tender offer. Pursuant to Standard RI’s Undertaking (defined below), such shares will be tendered at a price to be determined in accordance with the terms of the Issuer’s offer.

 

Item 7. Material to Be Filed as Exhibits

 

Exhibit 99.1

Undertaking dated June 24, 2022, incorporated by reference to Exhibit (d)(1) to the Tender Offer Statement filed by the Issuer with the Securities and Exchange Commission on June 24, 2022.

 

 

SIGNATURE

 

After reaso nable 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.

 

Date: July 15, 2022
	STANDARD GENERAL L.P.
	By:	/s/ Joseph Mause
	Name:	Joseph Mause
	Title:	Chief Financial Officer
	SOOHYUNG KIM
	/s/ Soohyung Kim
	Soohyung Kim